31972R0490

116 Official Journal of the European Communities

No L 59/2 Official Journal of the European Communities 10.3.72

REGULATION (EEC) No 490/72 OF THE COUNCIL of 7 March 1972

amending Regulation (EEC) No 170/71 as regards statutory provisions of producers' organizations in the fishing industry

THE COUNCIL OF THE EUROPEAN COMMUNITIES, Whereas it is necessary to ensure that no adverse effect is caused to the application of national pro­ visions whose purpose is in certain cases to protect Having regard to the Treaty establishing the the organization or its creditors from the financial European Economic Community ; consequences of members' departure or to prevent members from leaving the organization in the course Having regard to Council Regulation (EEC) No of a budget year; 2142/701 of 20 October 1970 on the common organization of the market in fishery products, as Whereas in the case of organizations which have amended by Regulation (EEC) No 2727/71,2 and in already been recognized it is essential to provide for a particular Article 5 (2) thereof; period which their statutes may be adapted to .the new rules ; Having regard to the proposal from the Commission ; HAS ADOPTED THIS REGULATION : Whereas Council Regulation (EEC) No 170/713 of 26 January 1971 on the recognition of producers' Article 1 organizations in the . fishing industry provides, among the conditions which the organizations must fulfil in With effect from 1 February 1972 the following shall order to be recognized, that their statutes must be substituted for Article 2 ( 1 ) (d) of Regulation include provisions to ensure that members are free to (EEC) No 170/71 : leave the organization provided that they notify it of their intention at least one year in advance; '(d) they must include in their statutes :

Whereas Commission Regulation (EEC) No 561/714 (aa) the obligation to keep separate accounts of 17 March 1971 on transitional measures for for the activities for which recognition recognition of producers' organization in the fishing is granted; industry postponed application of those provisions (bb) provisions to ensure that members for a transitional period expiring on 31 January 1972 wishing to leave the organization are where different provisions exist at national level ; free to do so provided that they have been members of the organization for at Whereas under certain national laws there is a least three years following its requirement for a minimum period of membership ; recognition and provided that they whereas that should also be made a Community notify the organization of their requirement, since it is likely to introduce an element intention at least one year in advance. of stability into the working of producers' organizations, while preventing the granting of The provisions under (bb) shall apply financial support to temporary organizations ; without prejudice to national provisions laid down by law or regulation whose purpose is in certain cases to protect the organization or its creditors from any financial consequences 1 OJ No L 23 6, 27.10.1970, p. 5 . which might arise from a member's 2 OJ No L 282, 23.12.1971 , p . 8 . departure or to prevent members from 3 OJ No L 23 , 29.1.1971, p . 11 . leaving the organization in the course of the 4 OJ No L 65, 18.3.1971 , p . 10. budget year.'

Official Journal of the European Communities 117

Article 2 In the case of producers' organizations which have been recognised before that date, the provisions This Regulation shall enter into force on the third relating to the minimum period of membership shall day following its publication in the Official Journal apply from 1 July 1972. of the European Communities.

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

Done at Brussels, 7 March 1972.

For the Council The President

P. WERNER