Commission Regulation (EC) No. 2318/2001 laying down detailed rules for the application of Council Regulation (EC) No. 104/2000 as regards the recognition of producer organizations in the fishery and aquaculture sector

Council Regulation (EC) No. 104/2000 establishes the requirements to be met by producers’ organizations engaged in the fishery and aquaculture sectors in order to obtain recognition. On the basis of article 5(2) of Regulation 104/2000/EC, Member States shall recognize, under the conditions referred therein, as producers’ organizations all producer groups which have their official headquarters in their territory, are sufficiently active economically in their territory, and which apply for such recognition. Subsequently, article 1 of this Regulation establishes the conditions under which a producer group shall be deemed to be sufficiently active economically for the purposes of recognition. As regards aquaculture production, on the other hand, economic activity shall be considered sufficient for the purpose of recognition as long as the producer organization disposes of at least 25 percent of total production of the species or group of species in question, in a production area which is deemed sufficiently large by the Member State concerned (art. 1, par. 5). Further, article 2 establishes two other general conditions. An association of producer organizations may be recognized by a Member State only on condition that: (a) it comprises a minimum proportion of the total number of producer organizations recognized by the Member State concerned in a given branch; and (b) the value of the production marketed by the association represents at least 20 percent of the value of national production in that branch. Article 4 specifies the information and documentation to be supplied by the applicant. Within three months of receiving an application for recognition the Member State shall inform the producer organization in writing of its decision. If recognition is refused, the Member State shall give reasons for the refusal (art. 5).