Wine Sector Producer Organisations Regulations, 2008

L.N. 148 of 2008

PRODUCER ORGANISATIONS ACT

(CAP. 447)

Wine Sector Producer Organisations Regulations, 2008

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

Producer Organisations Act, the Minister for Resources and Rural

Affairs has made the following regulations>-

Part I

Preliminary

(1) The title of these regulations is the Wine Sector Producer Short title and

commencement.

Organisations Regulations, 2008.

(2) These regulations shall come into force on 1 May 2008.

Unless the context otherwise requires, words and phrases used Interpretation.

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

in article 2 of the Producer Organisations Act, 2002.

Part II

Establishment and recognition of producer organisations

in the Wine Sector

For the purposes of these regulations a producer organisation Characteristics of

producer

is any legal entity which satisfies the following conditions>

organizations.

(a) it is constituted by producers of products covered by

Council Regulation (EC) 1493 of 1999 and subsequent

modifications<

(b) it is formed on the initiative of producers<

(c) it pursues a specific aim, which may in particular relate

to one or more of the following>

(i) adapting production jointly to the requirements of

the market and improving the product<

(ii) promoting concentration of supply and the placing

on the market of the products produced by its members<

(iii) promoting the rationalisation and improvement of

production and processing<

(iv) reducing production costs and market management

costs and stabilizing producer prices<

(v) promoting and providing technical assistance for

the use of environmentally respectful cultivation practices and

production techniques<

(vi) promoting initiatives for the management of by-

products of wine making and the management of waste in

particular to protect the quality of water, soil and landscape

and preserving or encouraging biodiversity<

(vii) carrying out research into sustainable production

methods and market developments<

(d) it applies rules of association which shall be in conformity

with regulation 5 and which require its members, in particular, to>

(i) apply the rules adopted by the producer organisation

relating to production reporting, production, marketing and

protection of the environment<

(ii) provide the information requested by the producer

organisation for statistical purposes, in particular on growing

areas and market evolution<

(iii) pay penalties for infringement of obligations under

the rules of association<

(e) it has lodged an application for recognition as a producer

organisation under these regulations and the application contains

the following items>

(i) evidence that the entity meets the requirements laid

down in paragraphs (a) to (d)<

(ii) evidence that it has a minimum of fifty members<

(iii) evidence that it covers a minimum volume of

marketable production in the area where the organisation

operates and which shall not be less than 200 tonnes of wine

grapes<

(iv) evidence that it can carry out its activities properly,

both over time and in terms of effectiveness and concentration

of supply<

(v) evidence that it effectively enables its members to

obtain technical assistance in using environmentally sound

cultivation practices.

The Director shall recognise as producer organisations for the Recognition of

producer

purposes of these regulations any legal entity applying for such organisations.

recognition, on condition that>

(a)

they meet all the requirements laid down in regulation

(b) with regard to the categories of products referred to in

sub-regulation 3 (a) they indicate any specific product they will be

producing<

(c) they effectively provide their members, where necessary,

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 organisations shall Rules of

Association.

provide for>

(a) procedures for determining, adopting and amending the

said rules of association<

(b) public scrutiny by members of the producer organisation

and its decisions<

(c) the payment by members of the financial contributions

provided for in their Rules of Association<

(d) the provision by members of the information requested

by the producer organisation for statistical purposes, in particular

on growing areas, cultivation details, yield and direct sales<

(e) the imposition of penalties for infringement by members

of the obligations arising from the Rules of Association or of 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

be not less than two years>

(2) Resignation of membership shall be notified to the

producer organisation and such resignation will become effective six

months after notification.

The Director shall>

(a) within three months of the lodging of an application with

all the supporting documents, decide whether to grant recognition

to a producer organisation< and

(b) cause to be carried out checks at regular intervals to

ascertain that producer organisations comply with the terms and

conditions for recognition, impose in the event of noncompliance

the applicable penalties and decide, where necessary, to withdraw

recognition.

Part III

Penalties

Any producer 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 two hundred and fifty Euros and not more than two thousand

and five hundred Euros for each offence, and to an additional fine of

one hundred Euros for each day during which the said failure to comply

or contravention persists.

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