Regulations, 2016

L.N. 276 of 2016

PRODUCER ORGANISATIONS ACT

(CAP. 447)

Wine Sector Producer Organisations (Amendment)

Regulations, 2016

IN exercise of the powers conferred by article 19 of the

Producer Organisations Act, the Minister for Sustainable

Development, the Environment and Climate Change has made the

following regulations

The title of these regulations is the Wine Sector Producer Citation.

Organisations (Amendment) Regulations, 2016 and they shall be read

and construed as one with the Wine Sector Producer Organisations S.L. 447.03

Regulations, hereinafter referred to as "the principal regulations".

Regulation 2 of the principal regulations shall be Substitutes

regulation 2 of

substituted by the following

the principal

regulations.

"2. (1)

In these regulations, unless the context

otherwise requires

"Director" means the Director of Agriculture and

includes, to the extent of the authority given, any person or

authority authorised by him to act in that behalf for the

purposes of these regulations;

"environmental pressure" means something that

could affect the health or life of an animal, plant or

ecological system in general including air, land and water.

(2) 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 Organisation

Act.

In regulation 3 of the principal regulations for the words Amends

"legal entity" there shall be substituted the words "entity having a regulation

the principal

separate and distinct legal personality from that of its members".

regulations.

Regulation 4 of the principal regulations shall be amended Amends

regulation 4 of

as follows

the principal

regulations.

(a) paragraphs (a), (b) and (c) thereof shall be

renumbered as paragraphs (b), (c) and (d) respectively;

(b) immediately before paragraph (b) thereof as

renumbered there shall be added the following new paragraph

(a) as follows

"(a) they are a group of farmers registered as a

cooperative or other recognised legal entity prior to

applying for recognition as a producer organisation;";

(c)

in paragraph (d) thereof as renumbered, for the word

"activities." there shall be substituted the word "activities;"; and

immediately there shall be added the following new paragraph

"(e) they submit all the relevant documentation

requested by the Director including the duly filled in forms

provided by the Director in terms of regulation 7(b).".

Regulation 7 of the principal regulations shall be

substituted by the following

The Director shall

(a) within three months from receiving an

application for recognition as a producer organisation,

decide whether to grant such recognition or not;

(b) where he deems necessary, issue guidelines

with regards to the administrative procedures which are to

be followed mandatorily by applicants applying for

recognition as a producer organisation and issue forms

which are necessary for the compilation of the application

for recognition;

(c) carry our inspections at regular intervals to

ascertain that producer organisations comply with the

terms and conditions for recognition

Provided that in the event of non-compliance,

the Director may decide to withdraw recognition as a

producer organisation.".

6. Part III of the principal regulations shall be amended as

(a)

Part III thereof shall be renumbered as Part IV;

(b) the word "Penalties" in the title of Part IV as

renumbered shall be substituted by the words "Suspension and

Withdrawal of Recognition as a Producer Organisation";

(c)

regulation 8 thereof shall be renumbered as

regulation 9 and substituted by the following

(1) If the Director establishes that a

producer organisation in terms of these regulations has

failed to respect any one of the recognition criteria

established by regulation 4 and, or has otherwise

breached any of the provisions of these regulations, he

shall serve a notice in writing on such producer

organisation in accordance with sub-regulation (2);

(2) A notice served upon a producer organisation

in terms of sub-regulation (1) shall

(a) indicate the failure or breach identified;

(b) require the producer organisation upon whom

it is served to take the necessary corrective measures as

the Director may determine in order to remedy, or to

prevent the continuation or repetition of, any failure or

breach to which the notice relates;

(c) state the period within which any such

requirement is to be complied with

Provided that such period shall not be longer

than four months.

(3) Without prejudice to any other laws or

regulations, a failure to take the necessary corrective

measures indicated in the notice served in terms of sub-

regulation (1) within the stipulated time period shall

lead to the suspension of recognition as a producer

organisation by the Director, which suspension shall

take effect from the date when the producer organisation

is served with the said notice.

(4) In case of suspension of recognition as a

producer organisation in terms of sub-regulation (3), the

Director shall notify the producer organisation of such

suspension and of the period of suspension

Provided that the period of suspension shall

not exceed twelve months.

(5) The Director shall inform authorities

managing public funds which he deems fit of the

suspension of recognition as a producer organisation.

(6) The entity whose recognition as a producer

organisation has been suspended in terms of this

regulation may apply in writing to the Director for

reconsideration of the suspension within two days from

when it is notified with notice of such suspension.

(7) If by the end of the period of suspension the

producer organisation takes the necessary corrective

measures to remedy the failure and/or breach mentioned

in sub-regulation (1), the Director shall lift the

suspension;

(8) In case of lifting of the suspension, the

Director shall inform the authorities mentioned in sub-

regulation (5) of the said lifting of the suspension.".

7. Immediately after the regulation 9 of the principal

regulations as renumbered, there shall be added the following new

regulations

(1) Unless the producer organisation takes

the necessary corrective measures indicated in the

notice served on it by the Director in terms of regulation

9(1) by the end of the period of suspension, its

recognition as a producer organisation shall be

withdrawn by the Director

Provided that the withdrawal of recognition

shall take effect from the date on which the conditions

for recognition were not fulfilled or, if it is not possible

to identify that date, from the date when the failure to

respect any one of the recognition criteria established by

regulation 4, or by the date on which the breach of any

of the provisions of these regulations was established.

(2) The Director shall inform authorities

managing public funds which he deems fit in case of

withdrawal of recognition as a producer organisation.".

(1) An appeal shall lie to the

Administrative Review Tribunal as established by

article 5(1) of the Administrative Justice Act from a

decision of the Director to withdraw recognition as a

producer organisation in terms of regulation 10.

(2) An appeal in terms of sub-regulation (1) may

be filed by the entity whose recognition as a producer

organisation has been withdrawn and shall be filed

within twenty days from notification of the decision of

withdrawal.

(3) Any party to an appeal to the Administrative

Review Tribunal who feels aggrieved by a decision of

the Administrative Review Tribunal, who feels

dissatisfied with the decision of the Administrative

Review Tribunal, may on a question of law appeal to the

Court of Appeal as constituted in accordance with

article 41(6) of the Code of Organization and Civil

Procedure by means of an application filed in the

registry of that court, within twenty days from the date

of the Administrative Review Tribunal’s decision.".

8. Immediately after regulation 7 of the principal regulations Adds new Part

there shall be inserted the following new Part III and new regulation III

"PART III

Maintaining and Monitoring Producer Organisations

8. Without prejudice to any other law or

regulations, Producer Organisations shall

(a)

implement proposed actions stated in

the operational programme;

(b) maintain and update their membership

database;

(c)

inform the Director of all meetings

relative to their Rules of Association;

(d) collaborate with the Director or any

officer authorised by him whenever inspections

are carried out;

(e)

provide the Director or any officer

authorised by him with any data requested;

(f)

submit by not later than the 31st

December of any calendar year, an annual report

relating to that calendar year which shall include

(i) progress on the operational

programmes implemented during that

calendar year;

(ii) any changes to the operational

programmes which were requested by the

producer organisation and approved by the

Director;

(iii) variances between estimated aid

and aid applied for;

B

(iv) summary

of

problems

encountered in managing the programme and

any measures taken to ensure the quality and

effectiveness of programme implementation;

(v) in cases where environmental

pressures have been exerted, a list of the

effective safeguards which are in place in

order to protect the environment from these

pressures.".

€0.54