31971R0170

Official Journal of the European Communities 41

29.1.71 Official Journal of the European Communities No L 23 / 11

REGULATION (EEC) No 170/71 OF THE COUNCIL of 26 January 1971

on the recognition of producers' organisations in the fishing industry

THE COUNCIL OF THE EUROPEAN COMMUNITIES , fishery products, recognition of producers' organisations should not be extended to activities Having regard to the Treaty establishing the which go beyond the first marketing stage; European Economic Community; "Whereas recognition should be withdrawn when a producers' organisation no longer fulfils the required Having regard to Council Regulation (EEC) No 2142/701 of 20 October 1970 on the common conditions ; organisation of the market in fishery products, and in Whereas, at the beginning of each year, a list of the particular Article 5 (2) thereof; organisations recognised during the previous year and those from which recognition has been Having regard to the proposal from the Commission; Withdrawn during the same period should be published for the information of Member States and Whereas the authorities of the Member State on all concerned ; whose territory the producers' organisations referred to in Article 5 ( 1 ) of Regulation No 2142/70 have HAS ADOPTED THIS REGULATION : their registered office are in a better position than Community institutions to check that these organisations fulfil the conditions laid down for their Article 1 recognition; 1 . The Member State on whose territory a Whereas effective concentration of supply can be producers' organisation has its registered office in achieved only by the formation of producers' accordance with that Member State's legislation shall organisations which operate on a sufficiently large be competent to grant and withdraw recognition of scale; producers' organisations within the meaning of Article 5 ( 1 ) of Regulation (EEC) No 2142/70. Whereas producers' organisations should be prevented from discriminating between Community 2 . Member States shall recognise producers' producers or groups of producers on grounds of nationality or place of establishment; whereas any organisations applying for recognition if they fulfil the conditions listed in Article 2 and if their activities discrimination based on the location of registered offices between organisations within one economic cover one or more of the products falling within headings Nos 03.01 to 03.03 of the Common Customs area must also be prohibited; Tariff ( excluding products smoked elsewhere than on fishing vessels). Whereas, in the interests of producer members, only those forms of association which are sufficiently integrated should be encouraged ; Article 2

Whereas the keeping of separate accounts within the 1 . Producers' organisations must, in so far as the producers' organisations may facilitate assessment of product or products for which they apply for the amount of aid to be granted; recognition are concerned, comply with the conditions laid down in Article 5 ( 1 ) of Regulation Whereas, in order to avoid any distortion of (EEC) No 2142/70 and with the following competition in the marketing and processing of requirements :

( a) they must show that they are sufficiently active OJ No L 236, 27.10.1970, p . 5 . economically;

42 Official Journal of the European Communities

(b) they must not discriminate between Community Article 3 producers or groups of producers within an economic area, particularly on grounds of The procedure for the granting and withdrawal of nationality or place of establishment; recognition shall be fixed in accordance with the procedure laid down in Article 29 of Regulation (c) they must have the necessary legal status under (EEC) No 2142/70. national legislation : ' Article 4 (d) they must include in their rules : Recognition of a producers' organisation shall be — the obligation to keep separate accounts for withdrawn if the conditions set out in Article 2 are the activities for which recognition is granted ; no longer fulfilled or if recognition is based on false information; if the organisation obtained or benefits — provisions to ensure that members wishing to from recognition by fraudulent means recognition leave the organisation are free to do so shall be withdrawn retroactively. provided that they notify the organisation of their intention at least one year in advance. Article 5

2. The following shall be adopted in accordance Where a Member State grants or withdraws with the procedure laid down in Article 29 of recognition of a producers' organisation, it shall so Regulation (EEC) No 2142/70 : inform the Commission within two months .

— the substance of the obligation referred to in the Article 6 first indent of the second subparagraph of Article 5 ( 1 ) of Regulation (EEC) No 2142/70 which obligation shall not however extend beyond the At the beginning of each year the Commission shall first marketing stage; publish a list of the producers' organisations recognised during the previous year and those from which recognition has been withdrawn during the — the criteria with which the common production same period in the Official Journal of the European and marketing rules referred to in the second Communities. indent of the second subparagraph of Article 5 ( 1 ) of that Regulation must comply; Article 7 — the minimum output of the product or group of products concerned of which the producers' This Regulation shall enter into force on the third organisations must produce evidence to comply day following its publication in the Official journal with the condition set out in paragraph 1 (a). of the European Communities.

This Regulation shall be binding in its entirety and directly applicable in all Member States .

Done at Brussels, 26 January 1971 .

For the Council The President

B. PONS