Regulations, 2007

L.N. 237 of 2007

PRODUCER ORGANISATIONS ACT, 2002

(ACT No. IX OF 2002)

Producer Organisations (Certain Products)

Regulations, 2007

IN exercise of the powers conferred by articles 9 and 19 of the

Producer Organisations Act, 2002, the Minister for Rural Affairs and

the Environment has made the following regulations>-

Part I

Preliminary

The title of these regulations is the Producer Organisations

(Certain Products) Regulations, 2007.

Unless the context otherwise requires, words and phrases used

in these regulations shall have the same meaning as is assigned to them

in article 2 of the Producer Organisations Act, 2002.

“the Director”, means the Director of Agriculture<

“member” means a local person who together with other local

persons, forms, creates or joins a producer organisation<

“person” includes a physical or legal person, whether such

persons is a local producer, a cooperative or a company which is/

are involved in local agriculture produce<

“producer” means any local producer who is involved in the

trade of tilling land or tending livestock<

“producer organisation” means an organisation, recognised

by the Director, being a voluntary legally constituted body of local

producers of local particular products or persons engaged in the

agriculture industries, acting together to produc harvest, store,

package or market their products>

(i) “product” means the type of local agricultural

produce of the following sectors>

Potatoes, Pig meat, Milk, Poultry, Traditional

Cheeselets made from sheep and#or goats, Honey, Rabbit

meat and “production” shall be construed accordingly.

Part II

Establishment and Recognition of Producer Organisations

(1) For the purposes of these regulations, a producer Characteristics of

producer

organisation is any legal entity which is recognised by the Director as a organisation.

voluntary legally constituted body of producers of particular products

or of persons engaged in agricultural industries acting together to

produce, harvest, store, package and#or market any of the following

products>-

(ii)

Potatoes,

(iii)

Pig meat,

(iv)

Milk

(v)

Poultry

(vi)

Traditional Cheeselets made from sheep and#or goats,

(vii)

Honey,

(viii)

Rabbit meat.

(2) The principal aims of a producer organisation are to>

(i) ensure that the production is planned and adjusted to

market demand, particularly in terms of quality and quantity<

(ii) promote the products under categories listed in sub-

regulation (1) of this regulation, produced by its members<

(iii) reduce production costs and stabilise producer prices<

(iv) promote the use of cultivation practices, production

techniques and environmentally sound waste-management

practices in particular to protect the quality of water, soil and

landscape and to preserve and encourage biodiversity<

(v) they effectively enable their members to obtain technical

assistance in using environmentally-friendly cultivation and

production practices<

(3) A producer organisation must have its Rules of

Association in conformity with regulation 5 of these regulations.

The Director shall recognise as producer organisations all RecognitionOf

ProducerOrganisation.

producer groups applying for such recognition, in so far as>

(a) they meet the requirements laid down in article 3 and

provide the relevant evidence, including proof that they have a

minimum number of five Members and comprise a minimum value

of total annual market share of 10% for the pig meat, milk and

poultry sectors and 2.5% for the other four sectors. A value of

Lm80,000 for product turnover is also mandatory for producer

groups of potatoes, traditional cheeselets made from sheep and/ or

goats, honey and rabbit meat<

(b) there is sufficient evidence that they are able to carry out

their activities efficiently<

(c) they provide the necessary evidence that they intend to

provide their members with the technical means for storing,

packaging and marketing their produce and ensure proper

commercial and budgetary management of their activities.

The Rules of Association of applicant groups shall provide

for>-

(a) procedures for determining, adopting and amending the

Rules of Association<

(b) the democratic scrutiny by members of the producer

organisation of its decisions<

(c) the payment by members of the financial contributions

provided for in their Rules of Association for the establishment

and replenishment of the operational fund provided for in sub-

regulation 9 (1)<

(d) the provision by members of the information requested

by the producer organisation for statistical purposes, in particular

on growing areas, quantities cropped or produced, number of

livestock or their products kept, produced and related direct sales<

(e) the imposition of penalties for infringement by members

of any obligation arising from the Rules of Association or from

other rules laid down by the producer organisation<

(f) the admission of new members, particularly concerning

a minimum membership period<

(g) the accounting and budgetary rules necessary for the

operation of the producer organisation.

(1) The minimum membership period of a producer shall Membership

Requirements.

be not less than three years from the date of from signing up as a member

with the Producer Organisation.

(2) Resignation of membership shall be notified to the

producer organisation and such resignation will become effective twelve

months after notification.

Duties of the

The Director shall>

Director.

(a) within three months from receiving the application with

all the supporting documents, decide whether to grant recognition

or not to a producer organisation< and

(b) carry out inspections at regular intervals to ascertain that

producer organisations comply with the terms and conditions for

recognition, impose in the event of non-compliance the applicable

penalties as indicated under Part 4 of this regulation and decide,

where necessary, to withdraw recognition.

(1) Producer organisations requesting recognition in respect Recognition of

new Producer

of products listed in article 3 (1) (i) to (v), shall shall submit a recognition Organisations.

application form which shall include at least the following>

(a) a description of the initial situation of the organisation,

in particular as regards the number of producer members, giving

full details of membership, production, marketing and

infrastructure<

(b) the expected duration of the plan, which may not exceed

five (5) years< and

(c) the measures to be implemented in order to meet the

objectives listed in regulation 3 (2) (i) to (iv).

Part III

The Operational Fund

9. (1) The producer organisation shall set up an operational The 0perational

fund.

fund which shall be maintained by financial contributions paid by

members based on the quantities or value of produce actually marketed.

(2) The producer organisation may be assisted by EU public

funds, if eligible and available.

(3) Producer organisations and their members must keep

up-to-date suitable documentation of all activities connected with the

cultivation, production and marketing of their products.

Part IV

Recovery and Penalties

Public aid deriving from the European Union which is unduly

paid, or aid applied for fraudulently or irregularly, shall be recovered or

withheld, and penalties shall be imoosed on the beneficiary or to the

applicant concerned, or both, according to the provisions of Article 63

of Regulation 445#2002 of 26 February 2002 laying down detailed rules

for the application of Council Regulation (EC) No 1257#1999 on support

for rural development from the European Agricultural Guidance and

Guarantee Fund (EAGGF).

Any producer organisation or inter-branch organisation which

fails to comply with, or contravenes, any of the provisions of these

regulations shall be liable to an administrative fine, which shall be

imposed by the Director, of not less than one hundred (100) Maltese liri

and not more than one thousand (1000) Maltese Liri for each offence,

and to an additional administrative fine of fifty (50) Maltese liri for

each day during which the said failure to comply or such contravention

persists.

Mitbug[ fl-Istamperija tal-Gvern — Printed at the Government Printing Press

Lm0.20 (€0.47)