PRODUCER ORGANISATIONS (CERTAIN PRODUCTS) REGULATIONS * (certuprodotti)

SUBSIDIARY LEGISLATION 447.02

PRODUCER ORGANISATIONS (CERTAIN

PRODUCTS) REGULATIONS *

21st August, 2007

LEGAL NOTICE 237 of 2007, as amended by Legal Notice 277 of 2016.

PART I

Preliminary

The title of these regulations is the Producer Organisations

(Certain Products) Regulations.

(1) In these regulations, unless the context otherwise

requires and without prejuduce to sub-regulation (2)

"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;

"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 co-operative 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;

"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.

(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 Organisations Act.

*These Regulations have been transposed to Cap 639, see S.L. 639.07. - See Act

XXXIII of 2023.

PRODUCER ORGANISATIONS (CERTAIN PRODUCTS)

Part II

Establishment and Recognition of Producer Organisations

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

organisation is any entity having a separate and distinct legal

personality from that of its members which is recognised by the

Director as a 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

(i)

Potatoes,

(ii) Pig meat,

(iii) Milk

(iv) Poultry

(v) Traditional Cheeselets made from sheep and, or goats,

(vi) Honey,

(vii) 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), 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) 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.

The Director shall recognise as producer organisations all

entities applying for such recognition, in so far as

(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;

(b) they meet the requirements laid down in regulation 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;

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

out their activities efficiently;

(d) 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

(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 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

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.

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

PRODUCER ORGANISATIONS (CERTAIN PRODUCTS)

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.

Producer organisations requesting recognition in respect of

products listed in regulation 3(1) shall submit a recognition

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;

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

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

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

of regulation 7(b) and any other relevant

documentation requested by the Director.

PART III

Maintaining and Monitoring Producer Organisations

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;

(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.

Part IV

The Operational Fund

(1) The producer organisation shall set up an operational

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 V

Suspension and Withdrawal of Recognition

as a Producer Organisation

(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.

(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(9) of the Code of Organization and Civil Procedure by means of

an application filed in the registry of that court, within twenty days

PRODUCER ORGANISATIONS (CERTAIN PRODUCTS)

from the date of the Administrative Review Tribunal’s decision.