Council Regulation (EC) No 1182/2007 of 26 September 2007 lays down specific provisions for the fruit and vegetables sector, amending certain aspects of Directives 2001 /112/EC and 2001 /113/EC and the Regulations (EEC) No 827/68, (EC) No 2200/96, (EC) No 2201/96, (EC) No 2826/2000, (EC) No 1682/03 and (EC) No 318/2006 and repeals Regulation (EC) No 2202/96.

Commission Regulation (EC) No 1580/2007 of 21 December lays down detailed rules for the application of Council Regulations (EC) No 2200/1996, (EC) No 2201/96 and (EC) No 1182/2007 in the fruit and vegetables sector. vegetables.

The two regulations set out to amend various aspects of the Community rules applicable to the recognition of producer organisations, as well as to entrust Member States with the development of some of them. It is therefore appropriate to adopt a national standard of application to bring it into force.

In particular, it is appropriate to authorise natural or legal persons who are not fruit and vegetable producers to be members of a producer organisation even if they ensure that they are controlled by the producers. producers.

In order to ensure the correct implementation of the activities of producer organisations in terms of duration and in terms of the effectiveness of the concentration of supply, it is considered appropriate to establish, on a basis of general, categories of products between which the producer organisation will have to choose for its recognition. However, it is considered appropriate to consider specific organisations for products with a low level of associationism.

It is necessary to establish a system to ensure that the transformed producer organisations deliver their products to the transformation on the basis of commitments by the partners in the recognition and supply contracts in maintenance of the same.

The minimum number of partners and the volume marketed to be collected by producer organisations should enable producers to be given access to these organisations and, in turn, to meet minimum requirements. ensure that members of the media are made available to meet their objectives.

It is necessary to regulate the allocation of voting in entities that wish to be recognized as producer organizations to avoid abuse of power or influence by one of several members in the management and operation of the organization of producers.

Given the possibility that the producer organisation does not have its own means of carrying out its tasks, it is appropriate to define the terms in which its own members, subsidiaries or external services can provide them.

It is appropriate to define quantitatively the significance of the facilities of the members or the corresponding activity so that the social headquarters of a transnational producer organization can be located in Spain. It is also appropriate to designate the competent authority to carry out administrative collaboration between different Member States for the recognition and monitoring of these organisations.

It is also necessary to specify the procedure and the conditions for the recognition of an association of producer organizations, the activities that may be developed by these associations, the possibility of integrating partners not recognised as producer organisations and the treatment of transnational partnerships.

It is necessary to regulate the dates and formats in which certain information is to be transmitted to the European Commission, on the basis of the information provided by the producer organisations and the autonomous communities.

The present royal decree constitutes basic regulation, without the fact that the matter is regulated by regulatory rule, since, in accordance with the doctrine of the Constitutional Court, in the case of measures of The use of an infralegal rule is justified, as is the case in point, as is the case in point.

Finally, and for the statistical and reporting purposes and communications to the European Commission, it is necessary to maintain the national register of producer organisations and their associations for what is necessary. to regulate the information to be provided by such entities.

In its virtue, on the proposal of the Minister of the Environment, and the Rural and Marine Environment, with the prior approval of the Minister of Public Administrations, in agreement with the Council of State and after deliberation of the Council of Ministers at their meeting on 28 November 2008,

D I S P O N G O:

PRELIMINARY CHAPTER

Object

Article 1. Object.

This royal decree aims to establish the basic regulations applicable to the recognition of the organizations of fruit and vegetable producers and associations of producer organizations, in the development of Council Regulation (EC) No 1182/2007 of 26 September 2007 laying down specific provisions with regard to the fruit and vegetables sector, amending Directives 2001 /112/EC and 2001 /113/EC and Regulations (EEC) No 1182/2007 827/68, (EC) No 2200/96, (EC) No 2201/96, (EC) No 2826/2000, (EC) No 1782/03 and (EC) No Regulation (EC) No 2202/96 is repealed and Regulation (EC) No 1580/2007 of 21 December 2007 laying down detailed rules for the application of Regulations (EC) No 2200/96, (EC) No 2201/96 and (EC) No 2201/96 is repealed. Council Regulation (EC) No 1182/2007 in the fruit and vegetables sector.

CHAPTER I

Recognition of producer organizations

Article 2. Requirements and body competent for recognition.

1. All entities with legal personality which so request and meet the requirements laid down in Chapter I of Title III of Regulation (EC) No 1182/2007 may be recognised as fruit and vegetable producer organisations. of the Council of 26 September 2007, in Chapter I of Title III of Commission Regulation (EC) No 1580/2007 of 21 December 2007 and in this royal decree.

2. In the case of commercial companies, the shares or shares shall be nominative and the partners shall necessarily have the status of fruit and vegetable producers. Such companies shall keep a book of record of shares or shares, which allows the number of members to be credited at any time, as well as their participation in the share capital and their voting rights.

3. The application for recognition, accompanied by the documentation specified in Annex III to this royal decree, shall be submitted in the places to be determined by the Autonomous Communities. In any event, it may be filed in any of the places provided for in Article 38.4 of Law 30/1992, of 26 November, of the Legal Regime of Public Administrations and of the Common Administrative Procedure.

4. The recognition of the fruit and vegetable producer organisations is the responsibility of the competent authority of the autonomous community where the registered office of the applicant entity is to be located, to whom the competition to bring the the on-the-spot checks provided for in Regulation (EC) No 1580/2007, without prejudice to the application for inter-administrative cooperation with other administrations where necessary.

Article 3. Inclusion of non-producer partners.

1. Without prejudice to the provisions of Article 2 above, non-producers integrated into cooperatives and agricultural processing companies, hereinafter 'SAT', may be admitted as members of a producer organisation.

2. Where there are non-producer partners of products belonging to the categories of recognition or producers who do not wish to participate in the activity of the producer organisation, and such partners have more than 24% of the the votes in the decision-making process, the entity shall group the producers who are to participate in the activity of the organisation in a section or group of producers whose operation is governed by the relevant statutes.

3. The statutes of the institution shall take the form of decisions relating to the application for recognition as a producer organisation, to the operation and performance as a producer organisation, in particular as regards the presentation and implementation of operational programmes and the establishment of operational funds, shall be directly adopted by the assembly of the section linked to the producer organisation.

4. The entity shall keep a register of the producer partners and their voting rights.

Article 4. Categories of recognition.

1. Entities wishing to obtain recognition as a producer organisation shall communicate the category or categories for which they claim to be recognised in accordance with the classification set out below and whose description is given in Annex I:

i) Fruit and vegetables.

ii) Fruit.

iii) Horticultural.

iv) Products intended for transformation.

v) Citrus.

vi) Shell fruit.

vii) Setts.

viii) Aromatics and condiments.

ix) Table Uva.

x) Melon.

xi) Cebolla.

2. The documentation for the recognition of the entities to be recognised for category (iv) 'Products intended for processing' shall contain the minimum delivery commitment of its partners in such a way as to ensure minimum billing set out in Annex II. The maintenance of the recognition and its effects for that category (iv) shall be conditional on the quantities of the products delivered for processing, which justify the minimum value of marketed production, to be covered by the the corresponding contracts between producers 'and processors' organisations or for delivery commitments, in the event that the processing undertakings are producer organisations.

3. In the event that a producer belongs to different producer organisations for different products, the total delivery of each product for which it is attached to the producer organisation shall be compulsory.

Article 5. Minimum number of members and value of marketable production.

1. Institutions shall group a minimum of producer partners and the value of marketable production as set out in Annex II for the different categories of recognition.

2. Where the applicant for recognition is wholly or partly constituted by members who are, in turn, legal entities composed of producers, the number of producers may be calculated on the basis of the number of producers members of each of the legal entities.

3. For the purposes of accounting for the number of partners, and in accordance with Article 32 (3) of Commission Regulation (EC) No 1580/2007 of 21 December, non-producers of fruit and vegetables shall not be considered.

4. The value of the marketable production shall be justified as follows:

(a) Entities which carry out a period of time covering three annual accounting periods shall forward the value of the marketable production of each of these periods of the products subject to the recognition of the set of the partners. The value of marketable production shall be calculated as specified in Articles 52 and 53 of Commission Regulation (EC) No 1580/2007 of 21 December.

In the event that the entity has had an increase in associates in any of those periods, or increase of any of the partners ' plots, and there is no reliable form of the billing corresponding to the production of these plots, the value of the billing for the purposes of the minimum calculation shall be made by adding to the value of the justified sales with invoices the value of the sales of the production of the parcels of which no invoices are available, calculated from the next form:

1. The extension of the increased area each year will be multiplied by the average production of the production area of the harvested product, and the production thus obtained will have to be multiplied by the prices obtained by the the organisation of the products marketed by it or by the average prices at the disposal of the warehouse in the area where there is no reference to those products.

2. The average prices as well as average yields must be certified by the competent body of the autonomous community where the parcels are located.

(b) For entities that do not carry out a period of time covering three annual accounting periods, the invoicing of the years preceding their constitution shall be calculated by applying to the area of the current trading partners. yields and average prices obtained with the criteria set out in paragraph 4. (a) above.

Article 6. Structures and activities of producer organisations.

1. The entity shall have the material and human resources necessary to carry out at least the functions set out in Article 25 of Commission Regulation (EC) No 1580/2007 of 21 December.

2. In the case of the placing on the market of products destined for industry or which do not require compliance with marketing standards, the minimum means to be provided by the entity to be recognised as a producer organisation shall be the necessary to carry out the tasks set out in points (a), (c) and (d) of Article 25 of Commission Regulation (EC) No 1580/2007 of 21 December 2007.

3. In accordance with Article 6 of Council Regulation (EC) No 1182/2007 of 26 September 2007 and Article 29 of Commission Regulation (EC) No 1580/2007 of 21 December 2007, the operations referred to in the preceding two subparagraphs may be the object of procurement with another entity, including one of its partners or a subsidiary. Contracts to be drawn up shall at least cover the following:

a) Identification of the parts.

b) Services that are contracted. Where the services referred to in Article 25 (b) of Commission Regulation (EC) No 1580/2007 of 21 December are contracted, the institution shall provide the procedure by which the products of the Commission are identified. producer organization along the contracted functions.

c) Duration of the contract, which shall not be less than 3 years.

d) Amount of contracted services and form of payment.

(e) Enrollment of contracts in official registration or justification for the payment of the rights of heritage transmissions or documented legal acts.

The conditions described will not be required when dealing with contracts to resolve short-term situations that require a higher than the existing media envelope.

Article 7. Minimum period of accession.

1. The members of the institution must join the producer organisation for a minimum of three years and communicate in writing, in the event that they wish to cause a reduction, the waiver of the membership. The producer organisation shall establish the period of notice of a maximum duration of six months, and the date of effect of the waiver, with general criteria to avoid discrimination between associates and between products.

2. In the event of the submission of an operational programme in accordance with Council Regulation (EC) No 1182/2007 of 26 September 2007 and Commission Regulation (EC) No 1580/2007 of 21 December 2007, no Member may discharge its obligations. derived from that programme for the duration of its implementation, with the exception of the authorisation granted by the producer organisation.

Article 8. Percentage of direct sales.

The percentage of the production of the partners that they will be able to sell to consumers to meet their personal needs, directly on their farms or outside of them, will be 10 percent of the volume of each of your products.

Article 9. Democratic control of producer organisations.

1. In the event that the producer organisation takes the legal form of a cooperative or SAT, the decision-making power shall be in accordance with the conditions laid down in the regulatory rules for such legal forms.

2. In the event that the producer organisation takes another legal form, no partner may have more than 34 per cent of the total voting rights of the organisation. This limitation shall be contained in its rules of procedure of internal rules granted in public and provided for in a statutory manner.

3. The sum of the voting rights corresponding to the corporate legal persons of the organisation, in which a natural person has more than 50% of the decision-making power, plus the voting rights of that natural person as a partner individual, shall not exceed the percentages set out in paragraphs 1 and 2.

In order to verify compliance with this obligation, the entity must provide the documentation that accredits the distribution of the voting rights of all legal entities involved in the company.

Article 10. Withdrawal of recognition.

By resolution of the competent authority, the recognition shall be declared extinguished in the following cases:

(a) At the request of the institution, without prejudice to the fulfilment of the obligations and commitments arising out of its status as a producer organisation, and of the liabilities that may arise as a result of the actions carried out during the period in which the institution held the recognition.

(b) Where the non-compliance with the recognition criteria is detected, as specified in Article 116 of Commission Regulation (EC) No 1580/2007 of 21 December, or where the circumstances are presented in Article 117, without prejudice to the application of the remainder of the additional measures provided for in those Articles.

Article 11. On-the-spot checks in producer organisations without operational programme.

In the case of producer organisations whose conditions of recognition are not inspected pursuant to Article 108 of Commission Regulation (EC) No 1580/2007 of 21 December, they shall be controlled on the spot. at least once every five years.

Article 12. Recognition of transnational organizations.

1. The recognition of transnational fruit and vegetable producer organisations shall be carried out by the competent authority of the autonomous community where the entity's registered office is located.

2. In order to enable the competent authority referred to in paragraph 1 to recognise as an organisation of fruit and vegetable producers an entity with productive forces in other Member States, the entity shall comply with the requirements of this Regulation. Following requirements:

a) Having your registered office in Spain.

b) That, at least, 50 percent of the entity's productive personnel, measured in hectares, are located in Spanish territory. For the purposes of accounting for productive personnel, one hectare of protected crop shall be understood to be equivalent to three hectares of open-air irrigated and one hectare of open-air irrigated to three hectares of secano.

(c) The entity has, where appropriate, facilities for the conditioning of the products on Spanish territory, at least for the handling of the quantities produced in Spain.

d) Dispose of a centralized accounting and billing system for all operations performed by the organization.

3. You must present the documentation described in Article 5 above for all the partners of the organisation. In the case of the computerised relationship referred to in paragraph 5 of Annex III, and for partners with productive staff in other Member States, a certificate shall be attached to the competent authorities of those States. such information, as well as the non-membership of another producer organisation in the same Member State for the same product. It shall also be certified by the Member State where, where appropriate, they are located, the information on the reception, sorting, storage and conditioning facilities to be used for the operation of the organization.

4. The Ministry of the Environment, and the Rural and Marine Environment shall establish with other Member States the administrative cooperation referred to in Article 30 (2) (c) of Commission Regulation (EC) No 1580/2007 of 21 December 2007. December, which is necessary to ensure the exchange of information guaranteeing in transnational producer organisations compliance with the conditions for recognition and operation as well as the implementation of the established controls. by Community legislation.

In the event that the Spanish authorities demand accreditations of data from partners or plots by the Spanish authorities, they will be issued by the corresponding autonomous communities. If a Member State requests accreditations of non-membership of partners or plots to organisations located in Spanish territory, these must be issued by the Ministry of the Environment, and the Rural and Marine Environment according to the data available in the Register of producer organisations set out in Article 17.

CHAPTER II

Recognition of producer organization associations

Article 13. Associations of fruit and vegetable producer organisations.

1. Associations of fruit and vegetable producer organisations may be recognised as associations of all entities with their own legal personality, consisting of organisations of fruit and vegetable producers recognised in accordance with the Article 5 of Council Regulation (EC) No 1182/2007 of 26 September 2007, as requested by the competent authority.

2. However, they may be admitted as members of an association of producer organisations, natural or legal persons who are not recognised as producer organisations, provided that the shares or shares of those recognised as producer organisations or associations of producer organisations for different activities or products account for more than 50% of the total and the conditions laid down in Articles 35 and 36.2 of the Regulation are respected. Commission Regulation (EC) No 1580/2007 of 21 December 2007 as well as those laid down in the disposition.

3. Where there are non-recognised partners as producer organisations for products for which the association, where appropriate, is recognised, and which such partners have more than 24 per cent of the votes in the decision-making, the association shall group recognised organisations in a section or group of partners whose operation shall be governed by the relevant statutes. The association shall keep a register of such producer organisations allowing their identification at any time, as well as their voting rights.

4. In the case of application of the above paragraph, the statutes of the institution shall collect the decisions relating to the application for recognition as an association of producer organisations, to the operation and the actions as an association of producer organisations within the framework of Council Regulation (EC) No 1182/2007 of 26 September 2007 and Commission Regulation (EC) No 1580/2007 of 21 December 2007, in particular as regards the presentation and implementation of programmes partial operations, will be directly adopted by the assembly of the section linked to the association.

5. The obligation to set up the section or group of members referred to in paragraph 3. of this Article and the obligations arising therefrom, may be replaced by the establishment of an internal rules of procedure, granted in public deed and provided for in a statutory manner, specifying that the voting rights of the members not recognised as producer organisations shall not exceed 24% for all decisions relating to the Common Organisation of the Market affecting the association of producer organisations, except for those decisions in which the vote is governed by Community rules.

Article 14. Activities for which associations of producer organisations may be recognised.

1. The associations of producer organisations shall specify in their application for recognition the products, from those corresponding to their producer organisations, and the activities for which they wish to recognise at least one of the following: of the following:

a) Adoption among their partners of common standards of production knowledge.

b) Adoption among their common production standards associates.

c) Adoption among your common marketing standards partners.

(d) Adoption among its partners of common standards of environmental protection, in particular as regards the use of cultivation practices, production techniques and practices for the management of environmentally friendly waste. environment, in particular to protect the quality of soil and landscape waters and to enhance biodiversity.

(e) Realisation of actions for crisis prevention and management measures as defined in Council Regulation (EC) No 1182/2007 of 26 September 2007 and in Commission Regulation (EC) No 1580/2007 of 21 December 2007. December.

f) Realization of product promotion measures.

g) Submit requests for extension of the rules previously adopted by your partners. The product or products covered by this extension must be specified, as well as the economic area where it is to be applied.

h) The performance of the functions of reception, classification, storage and conditioning of all or part of the production of the associated organizations, or the commercial management of all or part of the production of the partner organizations.

i) The valorization of productions through transformation.

j) Other activities aimed at achieving the objectives of the partner producer organisations listed in their statutes.

Associations of producer organisations may carry out the above activities through partial operational programmes or through other means compatible with Community legislation.

2. The entities referred to in Article 13.1 shall send a request for recognition as an association of producer organisations to the competent authority, together with the documentation set out in Annex IV.

Article 15. Recognition of associations.

1. The recognition of associations of fruit and vegetable producers ' organisations shall be the responsibility of the competent authority of the autonomous community where they radiate the entity's head office.

2. By resolution of the competent authority, the recognition shall be declared extinguished in the following cases:

(a) At the request of the institution, without prejudice to the fulfilment of the obligations and commitments arising out of its status as an association of producer organisations, and of the responsibilities that may arise as a result of result of the actions carried out during the period in which the institution held the recognition.

(b) Where the non-compliance with the recognition criteria is detected, as specified in Article 116 of Commission Regulation (EC) No 1580/2007 of 21 December, or where the circumstances are presented in Article 117, without prejudice to the application of the remainder of the additional measures provided for in those Articles.

3. In any event, the recognition of associations of producer organisations shall take into account the provisions of Article 28 (2) and (3) of Regulation (EC) No 1580/2007.

Article 16. Recognition of transnational associations of producer organisations.

1. The recognition of transnational associations of fruit and vegetable producer organisations shall be the responsibility of the competent authority of the autonomous community where the entity's registered office is situated.

2. In order to enable the competent authority to recognise as a transnational association of fruit and vegetable producer organisations to an entity with partners in other Member States, that entity shall meet the following requirements:

a) Having your registered office in Spain.

b) That more than 50 percent of the partner producer organizations and more than 50 percent of the productive personnel of the associated organizations are located in Spanish territory. For the purposes of accounting for productive personnel, one hectare of protected crop shall be understood to be equivalent to three hectares of open-air irrigated and one hectare of open-air irrigated to three hectares of secano.

c) Dispose of a centralized accounting for all of the operations performed by the association.

3. The transnational partnership shall present the documentation described in Article 14 above. In the case of the relationship referred to in paragraph 6 of Annex IV, and for organisations based in other Member States, the information shall be certified by the competent authority of the same, as shall the non-membership of another Member State. the association of the State or another Member State referred to in point (b) of paragraph 3 of the same Annex.

4. The Ministry of the Environment, and the Rural and Marine Environment shall establish with other Member States the administrative cooperation referred to in Article 37 (2) (c) of Commission Regulation (EC) No 1580/2007 of 21 December 2007. December, which is necessary to ensure the exchange of information that ensures in the associations of transnational producer organisations the fulfilment of the conditions of recognition and operation as well as the realization of the controls established by Community legislation.

In the event that the Spanish authorities demand accreditations of data from partners or plots by the Spanish authorities, they will be issued by the corresponding autonomous communities. If a Member State requests accreditations of non-membership of organisations located in Spanish territory to another association with its registered office on national territory, they shall be issued by the Ministry of the Environment, and the Rural and Marine Environment.

CHAPTER III

Entities and Communications Registry

Article 17. National registry of fruit and vegetable producer organisations and groups and associations of producer organisations.

1. For statistical purposes and for the preparation of reports and communications for the European Commission, the Ministry of the Environment and the Rural and Marine Environment shall have a national register of producer organisations for fruit and vegetables in which they are shall register the producer organisations and groups as well as the associations of recognised organisations in accordance with the Community Regulations.

2. To this end, each time an entity is recognised as a fruit and vegetable producer organisation, the competent authority of the autonomous community shall forward to the Ministry of the Environment, and the Rural and Marine Environment the following information:

a) Recognition resolution.

b) Denomination, registered office, legal nature and tax identification code.

c) Geographical scope of action.

d) The product category for which you are recognized.

e) Relationship of productive partners and partners as specified in Annex III, paragraph 5, through the IT application developed by the Ministry of the Environment, and the Rural and Marine Environment and which will be available in your Internet page.

f) Relation and charges of the components of the governing bodies and, where appropriate, of the managing body.

The recognised producer organisations shall communicate to the competent authority of the autonomous community any changes to the information contained in the previous paragraph.

Likewise, the competent authority of the autonomous community shall forward to the Ministry of the Environment, and the Rural and Marine Environment, any changes in the data of the producer organisations that they have recognised, as well as the decisions to be taken on the suspension of the recognition and dissolution of the producer organisation.

3. The Register of fruit and vegetable producer organisations shall be of a public nature, with the exception of point (e) above.

4. The register shall include associations of recognised producer organisations and those to which recognition has been suspended or withdrawn, together with the following data:

a) Name of the association, social reason, and tax identification number.

b) Functions of the association of producer organisations and, where appropriate, products to which it affects.

c) Relationship of partner producer organizations.

d) Relationship of other members other than producer organisations.

e) Product and economic constituency in the event that the objective of the association is the extension of standards.

The associations of producer organisations shall communicate to the competent authority of the autonomous community any changes in the information contained in the preceding paragraph.

Likewise, the competent authority of the autonomous community shall forward to the Ministry of the Environment, and the Rural and Marine Environment, the modifications that occur in the data of the associations under its jurisdiction, as well as the decisions to be taken on the suspension of the recognition and dissolution of the association.

5. The data in the register shall be made available to the competent authorities.

Article 18. Communications of producer organisations, groups and associations of organisations.

The producer organisations, associations and associations shall forward annually to the competent authority of the Autonomous Community where they have their registered office, the information given below and within the time limits laid down by the Commission. are set:

1. Together with their requests for assistance, the annual reports on the implementation of the operational programmes as well as the information on their monitoring and evaluation required by Article 127 of Commission Regulation (EC) No 1580/2007 of 21 December 2007. December. The relevant indicators between the set of common performance indicators referred to in Article 126 of Commission Regulation (EC) No 1580/2007 of 21 December 2007 shall be transmitted in accordance with the electronic formats to be established. December.

2. By 15 April at the latest, in accordance with the electronic formats to be established, the data necessary for the submission to the European Commission of the annual information provided for in Annex XIII to Commission Regulation (EC) No 1580/2007 of 21 December December.

When a producer organisation does not submit the intended information, the competent authority may suspend the approval of the operational programme for the following year until the communication takes place correctly.

Article 19. Coordination between the Autonomous Communities and the Ministry of the Environment, and the Rural and Marine Environment to produce the mandatory annual information.

The Autonomous Communities will forward annually to the Ministry of the Environment, and Rural and Marine Environment, in accordance with the formats established and through the IT application, the information necessary to complete the communications to be sent to the European Commission in application of the Community rules. In particular, the following information shall be submitted within the time limits set out:

(a) The information submitted by producer organisations, groups and associations in accordance with Article 18.1 shall be submitted by 15 June at the latest.

(b) The information required in Annex XIII to Commission Regulation (EC) No 1580/2007 of 21 December shall be transmitted by 15 June at the latest.

Single additional disposition. Recognition of producer groups of fruit and vegetables in the Autonomous Community of the Canary Islands.

1. In accordance with Article 7 of Council Regulation (EC) No 1182/2007 of 26 September 2007, the competent authority of the Autonomous Community of the Canary Islands may recognise producer groups of fruit and vegetables those entities that comply with Articles 2 and 3 of this royal decree and whose scope of action is limited to that of the Autonomous Community of the Canary Islands.

2. Entities wishing to obtain recognition as a producer group shall communicate the category or categories for which they wish to be recognised in accordance with the classification laid down in Article 4 of this provision, that meet the following requirements:

(a) A minimum of five producer partners and a value of the marketable production collected by the associated members at the time of applying for prior recognition, at least half of the requirement to the partner organisations. producers and which is set out in Annex II to this royal decree. For the purposes of accounting for the number of partners, non-producer members shall not be counted.

The value of marketable production shall be justified as detailed in Article 5 of this Royal Decree.

b) To comply with the provisions of Articles 6 and 7 and Article 9 of this royal decree. However, in order to obtain recognition as a producer group, the entity shall not be required to have the means to carry out the functions referred to in Article 25 (b) of Commission Regulation (EC) No 1580/2007, of 21 December.

(c) A former partner of a producer organisation shall be prohibited from joining a producer group for a period of one year after leaving the producer organisation in respect of the products for which the producer organisation is which organization has been recognized.

(d) The application for recognition shall be accompanied by the documentation set out in Annex V.

3. The content, approval, execution and modifications of the Recognition Plan shall be as follows:

a) The Recognition Plan shall contain the following:

1. Plan Duration, which may not exceed five years.

2. " The initial description of the initial situation regarding the number of partners and the billing of the products included in the category for which recognition is sought as well as production, marketing and initial infrastructure.

3. The description of the objectives to be obtained annually, among which, at least, the producer group's compliance with the following aspects will be considered, in so far as they are not included in the those that were submitted for prior recognition:

The establishment on a permanent basis between the partners of the obligations set out in Article 3 (2) (a), (c) and (e) of Council Regulation (EC) No 1182/2007 of 26 September 2007.

The fulfilment of the conditions of recognition set out in Article 4 (1) (c) and (d) of Council Regulation (EC) No 1182/2007 of 26 September 2007.

Compliance with the minimum partner and marketing value listed in Annex II.

4. The actions to be carried out annually for the attainment of the objectives aimed at achieving the necessary conditions to obtain the definitive recognition as producer organization according to Article 4 of the Council Regulation (EC) No 1182/2007 of 26 September

.

5. º Budgetary Forecasts linked to the execution of the Reconnaissance Plan distributed by actions and by calendar of execution.

(b) The Recognition Plan shall be approved by the competent authority in accordance with Article 40 of Commission Regulation (EC) No 1580/2007 of 21 December, and at the same time the recognition shall be granted. prior to the corresponding resolution.

(c) After the end of the 12-month period from the date of the commencement of the Reconnaissance Plan, producer groups shall submit to the competent authority, the state of implementation thereof, specifying the objectives reached, the actions taken and the budgets used.

d) producer groups may submit, together with the information referred to in paragraph 3 above, requests for amendments to the Recognition Plans in all or some of the aspects of the Recognition Plans for their implementation from the time of its approval, provided that the result of the amendment allows the objectives set out in the initial plan to be achieved and the conditions necessary for obtaining the final recognition as producer organisation in accordance with Article 4 of Council Regulation (EC) No 1182/2007 of 26 June 2007 September. An amendment may also be requested during the current year, the acceptance of which shall also be subject to the conditions of the amendments to the following year.

4. By prior decision of the competent authority, prior recognition as a producer group shall be declared extinguished in the following cases:

a) By compliance with the Recognition Plan. After the implementation of the Reconnaissance Plan, the recognition of the final recognition as a producer organisation pursuant to Article 4 of Council Regulation (EC) No 1182/2007 of 26 December 2007 shall be declared extinguished. of September, provided that the entity complies with the minimum criteria set out in this provision. The period between the implementation of the Recognition Plan and the granting of definitive recognition as a producer organisation may not exceed four months. After the appropriate favourable resolution, the entity shall be entered in the national register as a producer organisation for fruit and vegetables, causing low in the prior recognition section of the register.

(b) At the request of the institution and after the relevant control has been carried out by the competent authorities for the purposes referred to in Article 118 of Commission Regulation (EC) No 1580/2007 of 21 December.

(c) Where the non-compliance with the recognition criteria is detected, as specified in Article 118 of Commission Regulation (EC) No 1580/2007 of 21 December, or where the circumstances are presented in your Article 117.

Single transient arrangement. Adaptation of recognised organisations, groupings and associations.

1. The organisations and groups of fruit and vegetable producers and associations of producer organisations recognised under Council Regulation (EC) No 2200/96 of 28 October 1996 laying down the rules for the production of fruit and vegetables common organisation of the market in fruit and vegetables, which do not meet any of the conditions laid down in Council Regulation (EC) No 1182/2007 of 26 September 2007, Commission Regulation (EC) No 1580/2007 of 21 December 2007, This provision shall be adapted to the same requirements before 31 December 2010. To this end, institutions shall submit an application for adaptation to the competent authority, together with the documentation certifying their adaptation, before 15 June 2010. The competent authority shall issue a corresponding resolution on the entity's compliance with the conditions of recognition as a producer organisation in accordance with Council Regulation (EC) No 1182/2007 of 26 June 2007. September.

2. Those entities recognised under Council Regulation (EC) No 2200/96 of 28 October which do not need any adaptation shall be recognised in accordance with Article 55 (2) of Council Regulation (EC) No 1182/2007, of 26 September.

3. The criteria for recognition shall be deemed not to comply with those entities which, specifying their adaptation, have not provided the competent authority with the appropriate adjustment justification within the prescribed period. In this case, the competent authority shall withdraw the recognition to those entities with effect from 1 January 2011, in particular for the purposes of Article 116 (1) of Commission Regulation No 1580/2007 of 21 December 2011. December.

4. The producer groups to which the prior recognition has been granted in accordance with Council Regulation (EC) No 2200/96 of 28 October shall continue to enjoy such recognition under Regulation (EC) No 1182/2007 of the European Parliament and of the Council. Council of 26 September. Recognition plans accepted in accordance with Regulation (EC) 2200/96 shall continue to be considered accepted under Council Regulation (EC) No 1182/2007 of 26 September 2007. However, the plans shall be amended if necessary so that the producer group may meet the requirements for recognition as a producer organisation laid down in Council Regulation (EC) No 1182/2007 of 26 June 2007. In September, Commission Regulation (EC) No 1580/2007 of 21 December 2007 and this provision, without in any event the total duration of the plan, may exceed five years from its initial acceptance.

In accordance with Regulation (EC) No 1182/2007 and Regulation (EC) No 1580/2007, which develops it, producer groups not covered by the previous single provision may not be set up.

Single repeal provision. Repealed provisions.

The Order of 30 April 1997 on the recognition of fruit and vegetable producer organisations is hereby repealed.

Final disposition first. Amendment of Royal Decree 864/2008 of 23 May on funds and operational programmes of fruit and vegetable producer organisations.

Paragraph (b) of Article 23.1 of Royal Decree 864/2008 of 23 May 2008 on funds and operational programmes of fruit and vegetable producer organisations is deleted.

Final disposition second. Competence title.

This royal decree is of a basic regulation and is dictated in accordance with the provisions of Article 149.1.13. of the Constitution, which attributes to the State exclusive competence in the field of bases and coordination of the general planning of economic activity.

Final disposition third. Application and development faculty.

The Minister for the Environment, and the Rural and Marine Environment are empowered to amend the quantities and dates collected throughout this provision and to amend their Annexes to adapt them to the amendments to the rules. community.

Final disposition fourth. Producer organisations recognised by the Ministry of the Environment, and the Rural and Marine Environment.

With date 1 January 2009, the monitoring, withdrawal and control of the recognition of the entities that have been recognized by the Ministry of the Environment, and the Rural and Marine Environment up to the date of publication of the actual present decree, shall be assumed by the competent authority of the autonomous community where it radiates the entity's registered office.

Final disposition fifth. Entry into force.

This royal decree will enter into force on the day following its publication in the "Official State Gazette".

Given in Madrid, on November 28, 2008.

JOHN CARLOS R.

The Minister for the Environment, and the Rural and Marine Environment,

ELENA ESPINOSA MANGANA

ANNEX I

Producer Organizations Categories

i) Fruit and vegetables (includes all products listed in Article 47 (1) of Council Regulation (EC) No 1182/2007 of 26 September).

The inclusion in this category of nuts, mushrooms, citrus fruits, processing products, aromatics and condiments, table grapes, melon and onion will be optional.

(ii) Fruit: apricot, cherries, peach, nectarines, grinons, plums, endrines, apple, pear, quince, table grapes, melon, watermelon, strawberry, papaya, fig, pineapple, avocados, chirimoyas, guava, mangoes and mangosteens, kiwis, fruit of peel, citrus fruits and other fresh fruits.

The inclusion in this category of nuts, citrus fruits, processing products, table grapes and melon will be optional.

(iii) Horticultural: tomatoes, onions, shallots, garlic, leeks, cabbage, cauliflower, cabbage, colinabo, lettuce, beetle, endive, carrot, turnip, table beetroot, celery, turnips, radishes, cucumbers, pepinillos, broculi, aubergine, zucchini, asparagus, spinach, mushrooms, fresh vegetables and other fresh or chilled vegetables.

The inclusion in this category of mushrooms, products for transformation and onion will be optional.

(iv) Products for processing: legumes and vegetables (cooked, not cooked, preserved, dried); dried figs, raisins, fruit (cooked, not cooked, preserved), nuts (except almond, carob, hazelnut, walnut, nut, pistachio, chestnut and pinion; bark of: citrus fruit, melons, watermelons, cherries (frozen or preserved); sweet peppers or dried morrums; fruit (cooked, uncooked, frozen); prepared or preserved tomatoes, mushrooms or truffles (prepared or preserved) preserved, not by vinegar or acetic acid); other vegetables and vegetables (preserved and prepared, not by vinegar or acetic acid); fruit, fruit bark (candied, glasned or frosted), other than bananas with sugar; compots, jellies and marmalades, fruit purées and fruit paste; fruit and nuts edible parts of plants prepared and preserved otherwise; fruit juices (excluding grape juice) and banana or vegetable juice, unfermented and non-alcoholic.

v) Citrus: lemon, orange, satsuma, clementine, other mandarins, grapefruit and grapefruit.

vi) Shell fruit: almond, carob, hazelnut, walnut, pistachio, chestnut and pinion.

vii) Setas: fungi of the genus Agaricus, truffles and other mushrooms and mushrooms fresh or chilled.

viii) Aromatics and condiments: saffron, thyme, basil, melisa, mint, oregano, rosemary and sage.

ix) Table Uva.

x) Melon.

xi) Cebolla.

ANNEX II

Recognition criteria for producer organizations

Zones	Categories of i) to iii)		Categories iv) and vi) to xi)		Category v)
					Option A		Option B
	number of producers	Minimum volume (M euros)	Minimum number of producers	Minimum volume (M euros)	Number minimum producers	Minimum volume (M euros)	Minimum number of producers	Minimum volume (Tm)
All Spanish territory, except the Illes Balears, Canarias, Asturias, Galicia, Castilla y León and Basque Country.	More than 40. Between 16 and 40. Between 5 and 15.	1.5 2.5 3	5	0.25	5	3
Illes Balears, Canarias, Galicia, Asturias, Castilla y León, and Basque Country.	More than 15. Between 5 and 15.	1	5	0.25	5	5	3
Spanish territory, except Illes Balears.								2,500
Illes Balears.							25	1,200

Producers ' organizations which account for 15 per 100 of the marketable production in relation to the total average production of the economic area in which they are established shall meet at least 20 producers. for the producer organisations of categories (i) to (iii), and five producers for categories (iv) and (vi) to (xi) of that Article, and in any case a minimum value of marketable production of EUR 100 000.

In addition to the organisations in Article 4, category v), option B, a minimum value of marketable production of EUR 100 000 shall be achieved.

ANNEX III

Documentation to be contributed together with the request for recognition as a producer organization

1. Document proving the institution's constitution, as well as its legal form and tax identification code.

2. Certificate of the minutes of the General Assembly of the entity, or of the section or group of producers, in case of entities with non-producing partners, or of the General Meeting of shareholders in the case of the commercial companies, in which the agreement is taken to apply for recognition as a producer organisation and a commitment to comply with the rules governing these organisations, specifying the category or categories of products for which recognition is sought.

3. Statutes of operation endorsed by the competent body to be collected, inter alia:

The objectives set out in Article 3 (1) (b) and (c) of Council Regulation (EC) No 1182/2007 of 26 September 2007.

The obligations to which the associated producers are submitted and which, at least, shall be as set out in Article 3 (2) of Council Regulation (EC) No 1182/2007 of 26 September 2007 and those referred to in Articles 7 and 8 of this Royal Decree.

In the case where the producer organisation provides for the possibility of authorising the producers associated to make the marketing outside the producer organisation itself in the three cases described in the Article 3 (3) of Council Regulation (EC) No 1182/2007 of 26 September 2007 laying down the procedure for such authorisation.

(d) the procedure by which the producer organisation shall establish the data which it may request from the producers associated for statistical purposes in compliance with the obligations laid down in paragraph 2 (d) of the Article 3 of Council Regulation (EC) No 1182/2007 of 26 September 2007.

(e) Provisions to ensure the provisions of Article 3 (4) of Council Regulation No 1182/2007 of 26 September 2007.

(f) Commitment to respect the condition laid down in Article 28 (2) of Commission Regulation (EC) No 1580/2007 of 21 December.

g) Commitment to carry, as of the date of recognition, a specific accounting for the activities subject to recognition.

(h) Where there are non-producer partners of products belonging to the categories of recognition or producers who do not wish to participate in the activity of the producer organisation, and such partners have more of 24 percent of the votes in the decision-making process, the entity shall group the producers who are to participate in the activity of the organization, in a section or group of producers whose operation shall be governed by the statutes corresponding.

The statutes of the entity shall collect the decisions relating to the application for recognition as a producer organisation, to the operation and actions as a producer organisation, in particular as regards the presentation and implementation of operational programmes and the establishment of operational funds, shall be directly adopted by the assembly of the section linked to the producer organisation.

4. For the purpose of justifying that the number of fruit and vegetable-producing partners and the value of the marketable production of all the partners, it reaches the minima set out in Annex II to this provision:

a. Certificate of the secretary of the entity, with the approval of the president, in which the number of producing partners of the entity is indicated. This number should be based on the accreditation of ownership of the members ' holdings and of the production of the categories of recognition. Such accreditations should be held by the institution, and at the disposal of the competent authority for verification.

b. Value of marketed production, as provided for in Article 5 of this provision and accounted for is as specified in Article 52 and 53 of Commission Regulation (EC) No 1580/2007 of 21 December.

5. Computerized relationship of the following data, according to the formats described in the corresponding manual found on the website of the Ministry of Environment and Rural and Marine Environment:

Entity data: CIF, Name, Legal Form, Address, Postal Code, Municipality according to the INE, Province, Autonomous Community, Member State, Telephone, Fax, Email, Scope of Action.

Partner Data: Partner Number, NIF or CIF, Name, Member State, High Date, Producer or Non-Producer Partner Type, Products for which you are associated with the organization.

Data of the productive personnel available at the time of the request for recognition: Member State, Autonomous Community, Province, Municipality, Aggregate, Zone, Polygon, Plot, Enclosure and its surface (data according to the SIGPAC). The Subenclosure (term used to indicate that there may be several different crops of products at a given time, either from the same producer or from different producers) and its surface, Date of discharge, shall also be indicated. Harvest, Product, Crop Surface and Estimated Production.

The production of each cultivated area shall be obtained as specified in Article 5 (4) (a) or (b).

6. Verbatim report of the agreement of the General Assembly of the entity or of the section or group of producers or the General Meeting of Shareholders, approving the Programme of Action and its content which, at least, shall express the following issues:

Production knowledge rules.

Production Rules.

Marketing Rules and Settlement Form to Partners.

Rules of cultivation and management of environmentally friendly used materials.

7. Description of the structure, means, and economic approach of the organisation allowing the assessment of the guarantees of performance, duration and effectiveness of its action and in particular:

Human and material media relationship to give its members the technical assistance needed for the application of environmentally friendly cultivation practices.

Relationship of the technical and human resources made available to its members to enable the actions envisaged by the organization in the field of reception, classification, storage, conditioning and the marketing of products and ensuring proper commercial, accounting and budgetary management and a billing system.

In the event that some or some of the activities to be carried out by the organisation are to be carried out by contracting with third parties, the contracts adjusted to the conditions set out in paragraph 3 shall be submitted. Article 6 of this Royal Decree.

ANNEX IV

Documentation to be contributed together with the request for recognition as an association of producer organizations

1. The entity's accreditable document, as well as its legal form and tax identification code.

2. Certificate of the minutes of the General Assembly of the entity, or of the Assembly of the section or group of associated organisations, in the event of the existence of partners not recognised as producer organisations, or of the General Shareholders ' Meeting, in the case of commercial companies, in which the agreement is taken to apply for recognition as an association of fruit and vegetable producer organisations for the purposes of Council Regulation (EC) No 1182/2007 of 26 September 2007 and of the commitment to submit to the regulations governing these organizations.

3. Statutes of operation endorsed by the competent body to be collected, inter alia:

(a) The activities of the institution which shall consist of all or at least one of the activities referred to in Article 14.

(b) The obligations to which the associated organisations are subject, including at least the membership of a single association of those regulated by this provision for a given activity or activities of the above and for the same product, and the length of time spent in the organization.

In this regard, the obligations of the members of the association of accession to the association for a minimum of three years and the one to communicate in writing, in the event that one wishes to cause low, the renunciation of the quality of member, will be collected. The association may establish the date of prior notice and the effective date of absence, provided that the time limit between the two is not more than six months and with general criteria to avoid discrimination between associates and between products.

c) The high and low request procedure and the sanctioning regime.

d) Rules for determining the voting rights of associates:

In the event that the association of producer organisations takes the legal form of a cooperative or SAT, the decision-making power shall be in accordance with the conditions laid down in the regulatory rules for such legal forms.

In the event that the association of producer organizations takes another legal form, no partner may have more than 34 percent of the total voting rights of the organization. This limitation shall be contained in its rules of procedure of internal rules granted in public and provided for in a statutory manner.

In application of Article 36 (2) of Commission Regulation (EC) No 1580/2007 of 21 December, in the event that the association of producer organisations has non-recognised partners as organisations of fruit and vegetable producers, they shall not be entitled to vote for decisions which, where appropriate, have an impact on the possible total or partial implementation of the operational programmes of the partner organisations.

e) Take, as of the date of recognition, a specific accounting for the activities subject to recognition.

4. Action Programme, approved by the General Assembly of the entity or by the section or group of partner producer organisations or by the general meeting of shareholders. The action programme of the partner producer organisations must be adapted to the corresponding partnership, there are no contradictions between the action programme of the association and the action programme for the partner organisations. base producers.

5. Description of the structure, means, organisation and economic approach of the association, which will allow the assessment of the guarantees of execution, duration and effectiveness of its action.

6. Relationship of the partner producer organisations, indicating the date of accession to the association of each of them and the updated information on the total area of the holdings in each of the holdings of each of them in that association, distributed by Autonomous Communities.

ANNEX V

Documentation to contribute with the request for recognition as a producer pool

1. Document proving the institution's constitution, as well as its legal form and tax identification code.

2. Certificate of the minutes of the General Assembly of the entity, or of the section or group of producers in the case of entities with non-producing partners, or of the General Meeting of shareholders in the case of the commercial companies, in which the an agreement to request prior recognition as a producer group and a commitment to submit to the rules governing these groupings, specifying the category or categories of products for which recognition is sought.

3. Statutes of operation endorsed by the competent body to be collected, inter alia:

(a) The objectives set out in Article 3 (1) (b) and (c) of Council Regulation (EC) No 1182/2007 of 26 September 2007.

(b) The obligations to which the associated producers are submitted and which, at least, shall be as set out in Article 3 (2) (b) and (d) of Council Regulation (EC) No 1182/2007 of 26 September 2007 on the belonging to a single group for each product and to the supply of the data for statistical purposes to be requested by the producer group mainly related to the areas, crops, yields and direct sales, as referred to in Article 7 (1) of this Royal Decree.

(c) The procedure whereby the producer group may, where appropriate, authorise the producers associated to make the marketing outside the producer group itself in the three cases described in the Article 3 (3) of Council Regulation (EC) No 1182/2007 of 26 September 2007.

(d) the procedure whereby the producer group shall establish the data for which it may, for statistical purposes, request from the associated producers in accordance with the obligations laid down in paragraph 2 (d) of the Article 3 of Council Regulation (EC) No 1182/2007 of 26 September 2007.

(e) Provisions to ensure the provisions of Article 3 (4) of Council Regulation (EC) No 1182/2007 of 26 September 2007.

(f) Commitment to respect the condition laid down in Article 43 of Commission Regulation (EC) No 1580/2007 of 21 December.

g) Commitment to carry, as of the date of recognition, a specific accounting for the activities subject to recognition.

(h) In the case of non-producer partners, the organisation by sections or groups of producers and those set out in Article 3 (2) and (3) of this provision.

4. Justification for the fact that the minimum number of producers is at least five and that the value of the marketable production of all the partners at the time of requesting the prior recognition is at least half the amount required for the producer organisations and set out in Annex II to this provision.

5. Computerized relationship of the following data, according to the formats described in the corresponding manual found on the website of the Ministry of Environment and Rural and Marine Environment:

Entity data: CIF, Name, Legal Form, Address, Postal Code, Municipality according to the INE, Province, Autonomous Community, Member State, Telephone, Fax, Email, Scope of Action.

Partner Data: Partner Number, NIF or CIF, Name, Member State, High Date, Producer or Non-Producer Partner Type, Products for which you are associated with the organization.

Data of the productive personnel: Member State, Autonomous Community, Province, Municipality, Aggregate, Zone, Polygon, Plot, Enclosure and its surface (data according to the SIGPAC). The Subenclosure (term used to indicate that there may be several different crops of products at a given time, either from the same producer or from different producers) and its surface, Date of discharge, shall also be indicated. Harvest, Product, Crop Surface and Estimated Production.

The production of each cultivated area shall be obtained as specified in Article 5 (4) (a) or (b).

6. Action Programme, approved by the General Assembly of the entity or the section or group of producers or by the General Shareholders ' Meeting, which shall contain at least the following issues:

Production knowledge rules.

Production Rules.

Marketing Rules and Settlement Form to Partners.

Rules of cultivation and management of environmentally friendly materials used.

7. A Recognition Plan comprising at least the elements referred to in paragraph 3 of the single additional provision of this royal decree.