Regulations, 2011

L.N. 210 of 2011

PRODUCER ORGANISATION ACT

(CAP. 447)

Fruit and Vegetable Producer Organisations (Amendment)

Regulations, 2011

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:-

The title of these regulations is the Fruit and Vegetable Citation.

Producer Organisations (Amendment) Regulations, 2011, and they

shall be read and construed as one with the Fruit and Vegetable

Producer Organisations Regulations, 2004, hereinafter referred to L.N. 63 of 2004.

as “the principal regulations”.

In the principal regulations, headings “Part I”, “Part II”, Deletes headings

“Part III”, “Part IV”, “Part V”, “Part VI” and “Part VII” shall be regulations.

deleted.

Regulation 2 of the principal regulations shall be

substituted by the following

“2 In these regulations, unless the context otherwise

requires

“Paying Agency” shall have the same meaning as that

assigned to it in the Paying Agency Regulations.”

Regulation 3 of the principal regulations shall be

substituted by the following

“3. A producer organisation shall be any legal entity

constituted and recognised in terms of the provisions of

Articles 122 to 125 of Regulation (EC) 1234 of 2007 and

Title III of Regulation (EC) 1182 of 2007.”

Regulation 4 of the principal regulations shall be

substituted by the following

“4. The Director shall recognise producer organisations

in terms of the provisions of Article 125(b) of Regulation

(EC) 1234 of 2007 and Article 4 of Regulation (EC) 1182 of

2007.”

Regulation 6 of the principal regulations shall be

amended as follows

(a) in sub-regulation (1) thereof, for the words “not less

than two years” there shall be substituted the words “not less

than one year”;

(b) for sub-regulation (2) thereof, there shall be

substituted the following

“Resignation of membership shall be notified to the

producer organisation or producer group in writing by

not later than the 30th September of a particular year and

shall take effect from the 1st January of the following

year;” ; and

(c) immediately after sub-regulation (2) thereof, there

shall be added the following new sub-regulation

“(3) Producer organisations and producer groups

shall inform the Director, in writing, by the 30th

September of each year, of the resignation of any

member or of the recruitment of a new member during

the previous 12-month period. Producer organisations

or producer groups shall provide the Director with a

copy of the signed Members’ Agreement and proof

of payment, together with information regarding the

member’s details including name and address, produce

marketed and holdings committed to the producer

organisation or producer group on a prescribed form to

be provided by the Director.” .

Regulation 8 of the principal regulations shall be

amended as follows

(a) for the marginal note there shall be substituted the

following: “Producer groups.”;

(b) in sub-regulation (1) thereof, for the words

“Articles 15, 16, 17, 18 and 19 of Regulation (EC)

1432/2003” there shall be substituted the words “Articles 38

to 42 of Regulation (EC) 1580/2007” ;

(c) in sub-regulation (2) thereof, for the words

“Articles 3 and 4 of Regulation (EC) 1943/2003” there shall

be substituted the words “Article 45 of Regulation (EC)

1580/2007” ;

(d) immediately after sub-regulation (2) there shall be

added the following new sub-regulations

“(3) Produce r groups shall submit their

recognition plans to the Director, who shall approve or

reject them or request their modification in line with

these regulations

Provided that where a producer group

is desirous of applying for EU aid in terms of

any of the schemes listed in the Paying Agency

Regulations, it shall submit its recognition plan to

the Paying Agency, which shall approve or reject

it or request modification to such recognition plan

in respect of eligibility for funding, prior to the

submission to the Director.

(4) Producer groups may submit a request

to effect amendments to their recognition plans

during their implementation. Notification for change

shall be submitted in writing by the producer group

to the Director and to the Paying Agency by the

15th September of that particular year and shall be

accompanied by supporting documentation justifying

the amendments being requested.” .

For regulation 9 of the principal regulations there shall be

substituted the following

“9. Producer organisations shall submit operational

programmes to the Director, who shall approve or reject them

or request their modification in line with these regulations

Provided that where a producer organisation is

desirous of applying for EU aid in terms of any of the

schemes listed in the Paying Agency Regulations, it shall

submit its operational programme to the Paying Agency,

which shall approve or reject it or request modification

to such operational programme in respect of eligibility

for funding, prior to the submission to the Director.” .

In regulation 10 of the principal regulations for the word

“should” there shall be substituted the word “shall” and for the

words “Articles 8 to 17 of Regulation (EC) 1433/2003” there shall

be substituted the words “Articles 57 to 68 of Regulation (EC)

1580/2007” .

Immediately after regulation 10 of the principal

regulations there shall be added a new regulation as follows

“10A. The reference period for the calculation of the

value of the marketed product, shall be of 12 months, and may

be selected by the producer organisation in accordance with

any of the criteria indicated in Article 53(2) of Regulation

(EC) 1580/2007. The producer organisation shall ensure that

such reference period coincides with the financial period

as provided for under Article 53(3) of Regulation (EC) No

1580/2007. The selected reference period cannot be modified

for the whole duration of the operational programme except

under exceptional circumstances.” .

Regulation 11 of the principal regulations shall be

amended as follows

(a) in paragraph (b) of sub-regulation (1) thereof, for

the words “Article 15.5 of Regulation (EC) 2200/1996” there

shall be substituted the words “Article 103(d) of Regulation

(EC) 1234/2007” ;

(b) in sub-regulation (2) thereof, for the words

“Regulation (EC) 1433/2003” there shall be substituted the

words “Regulation (EC) 1580/2007” ; and

(c) in sub-regulation (3) thereof, for the words

“Regulation (EC) 3508/92” there shall be substituted the

words “Regulation (EC) 73/2009” .

In regulation 12 of the principal regulations for the

words “Articles 5, 6 and 7 of Regulation (EC) 1433/2003.” there

shall be substituted the words “Articles 54, 55 and 56 of Regulation

(EC) 1580/2007.” .

In regulation 13 of the principal regulations for the

words “Article 15.3 (a) and (b) of Regulation (EC) 2200/1996”

there shall be substituted the words “Section 2 of Regulation (EC)

1580/2007”.

For regulation 17 of the principal regulations there shall

be substituted the following

“17. An interbranch organisation shall be a legal

entity constituted and recognised in terms of the provisions of

Articles 123 to 125 of Regulation (EC) 1234 / 2007 and Title

IV of Regulation (EC) 1182 / 2007.” .

Regulations 24 to 27 of the principal regulations shall

be deleted.

Regulations 28 and 29 of the principal regulations shall

be renumbered as regulations 24 and 25 respectively.

Regulation 24 as renumbered of the principal regulations

shall be amended as follows

(a) in the marginal note, immediately after the words

“Recovery” there shall be added the words “of aid.”; and

(b) for the words “Article 24 of Regulation (EC)

1433/2003” there shall be substituted the words “Article 125

of Regulation (EC) 1580/2007” .

For regulation 25 as renumbered of the principal Substitutes regulation

regulations there shall be substituted the following

“25. (1) Any producer organisation or interbranch Penalties.

organisation which fails to comply with, or contravenes any

of the provisions of these regulations, or of the applicable

provisions of Regulations (EC) 1234 of 2007 and 1182 of

2007 shall be guilty of an offence against the Act and shall be

liable to an administrative fine, which shall be imposed by the

Director, of not less than one thousand five hundred (1500)

euro but not exceeding two thousand and three hundred

and twenty-nine euro and thirty-seven cents (2,329.37) for

each offence, and to an additional fine of one hundred and

fifty (150) euro for each day during which the said failure to

comply or contravention exists.

(2) The Director may withdraw recognition of a

producer organisation or interbranch organisation in terms

of the provisions of Articles 116 and 117 of Regulation (EC)

1580 of 2007 and Articles 125b of Regulation 1234 of 2007

and Articles 4 and 21 of Regulation (EC) 1182 of 2007.” .

The First and Second Schedules to the principal

regulations shall be deleted.

€0.54