Regulations, 2016

L.N. 277 of 2016

PRODUCER ORGANISATIONS ACT

(CAP. 447)

Producer Organisations (Certain Products) (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 Producer Organisations Citation.

(Certain Products) (Amendment) Regulations, 2016 and they shall be

read and construed as one with the Producer Organisations (Certain S.L. 447.02

Products) Regulations, hereinafter referred to as "the principal

regulations".

Sub-regulation (1) of regulation 2 of the the principal Amends

regulation 2 of

regulations shall be amended as follows

the principal

regulations.

(a)

the definition "the Director" shall be substituted by

the following

" "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;"; and

(b) immediately after the new definition "Director"

there shall be inserted the following new definition

" "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;".

In sub-regulation (1) of regulation 3 of the principal Amends

regulations, for the words "legal entity" there shall be substituted the regulation

the principal

words "entity having a separate and distinct legal personality from regulations.

that of its members".

Regulation 4 of the principal regulations shall be amended Amends

regulation 4 of

as follows

the principal

regulations.

(a)

in regulation 4 the words "producer groups" shall be

substituted by the word "entities"; and

(b) paragraphs (a), (b) and (c) shall be renumbered as

paragraphs (b), (c) and (d) respectively; and immediately before

paragraph (b) as renumbered there shall be added the following

new paragraph (a)

"(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;".

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. Regulation 8 of the principal regulations shall be amended

as follows

(a)

in paragraph (b) thereof the word "and" shall be

deleted;

(b) in paragraph (c) thereof the words "regulation

3(2)(i) to (iv)." shall be substituted by the words "regulation

3(2)(i) to (iv); and"; and

(c)

immediately after paragraph (c) thereof, there shall

be added the following new paragraph (d);

"(d) duly filled in forms provided by the Director

in terms of regulation 7(b) and any other relevant

documentation requested by the Director.".

7. Part III of the principal regulations shall be renumbered as Amends Part III

Part IV and the present regulation 9 shall be renumbered as regulation of

regulations.

It-Taqsima IV tar-regolamenti prinċipali għandha tiġi Jemenda t-

Taqsima IV tar-

emendata kif ġej

regolamenti

prinċipali.

(a) it-Taqsima IV tar-regolamenti prinċipali għandha

tiġi enumerata mill-ġdid bħala t-Taqsima V;

(b) il-kliem "Irkuprar u Penalitajiet" fit-titolu tat-

Taqsima V kif enumerata mill-ġdid għandhom jiġu sostitwiti

bil-kliem "Sospensjoni u Irtirar tar-Rikonoxximent bħala

Għaqda tal-Produtturi".

Minnufih wara r-regolament 8 tar-regolamenti prinċipali Iżid it-Taqsima

III ġdida u r-

għandhom jiżdiedu t-Taqsima III u r-regolament 9 ġodda li ġejjin

regolament 9

ġdid mar-

regolamenti

"TAQSIMA III

prinċipali.

Iż-Żamma u Moniteraġġ tal-Għaqda tal-Produtturi

8. Mingħajr preġudizzju għal kwalunkwe liġi

"Dmirijiet ta’

Għaqdiet tal-

jew regolamenti oħra, l-Għaqdiet tal-Produtturi

Produtturi.

għandhom

(a)

jimplimentaw azzjonijiet proposti kif

imniżżla fil-programm tal-operat;

(b) iżommu u jaġġornaw id-database tas-

sħubija tagħhom;

(ċ)

jinfurmaw

lid-Direttur

bil-laqgħat

kollha relattivi għar-Regoli tal-Assoċjazzjoni;

(d) jikkolabboraw

mad-Direttur

jew

kwalunkwe uffiċċjal awtorizzat minnu kull meta

jsiru spezzjonijiet;

(e)

jipprovdu lid-Direttur jew xi uffiċċjal

awtorizzat minnu b’ kull data mitluba;

(f)

jissottomettu sa mhux aktar tard mill-31

ta’ Diċembru ta’ kwalunkwe sena kalendarja,

rapport annwali dwar dik is-sena kalendarja li

għandu jinkludi

(i) progress

fil-programmi

operazzjonali implimentati matul dik is-sena

kalendarja;

(ii) kwalunkwe tibdil fil-programmi

operazzjonali li kienu mitluba mill-għaqda tal-

produtturi u approvati mid-Direttur;

(iii) differenzi

bejn

l-għajnuna

stamata u l-għajnuna li ġiet applikata għaliha;

(iv) sommarju tal-problemi li ltaqgħu

magħhom fl-immanniġjar tal-programm u

kwalunkwe miżuri meħuda sabiex jiġu

assikurati l-kwalità u l-effettività tal-

implimentazzjoni tal-programm;

(v) fil-każijiet fejn pressjonijiet

ambjentali

ġew

eżerċitati,

lista

ta’

salvagwardji effettivi li huma fis-seħħ sabiex

jipproteġu l-ambjent minn dawn il-

pressjonijiet.".

8. Part IV of the principal regulations shall be amended as Amends Part IV

of the principal

follows

regulations.

(a)

Part IV of the principal regulations shall be

renumbered as Part V;

(b) the words "Recovery and Penalties" in the title of

Part V as renumbered shall be substituted by the words

"Suspension and Withdrawal of Recognition as a Producer

Organisation".

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

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

regulation 9 to

the principal

regulations.

"PART III

Maintaining and Monitoring Producer Organisations

9. Without prejudice to any other law or

"Duties of

Producer

regulations, Producer Organisations shall

Organisations.

(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;

(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.".

10. Regulations 10 and 11 of the principal regulations shall be

renumbered as regulations 11 and 12 respectively and substituted by

(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.

(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.".

(1) Unless the producer organisation takes

the necessary corrective measures indicated in the notice

served on it by the Director in terms of regulation 11(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.".

11. Immediately after regulation 12 of the principal

regulations, as renumbered and substituted, there shall be added the

following new regulation

(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 12.

(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.".

€0.54