in force 2018-01-01 MODIFIED+496 −150§
Amended by Regulation (EU) 2017/2393 32017R2393
applies from: unchanged
The recognition process now specifies that Member States act on request, and point (a) no longer refers to the general requirements of Article 152(3) but instead sets out its own criteria requiring that the entity be constituted by producers in the sector, formed on their own initiative, and pursuing a specific aim that may include one or more listed objectives on production planning, concentration of supply and placing products on the market, and optimising production costs and stabilising producer prices.
Paragraph 2 was reworded so that qualifying organisations are described as being considered recognised producer organisations, dropping the earlier reference to being considered recognised pursuant to Article 152(3).
Cited: Art. 161, v2 · Art. 161, v1
text before / after
02013R1308-20170801 → 02013R1308-20180101
Article 161
Recognition of producer organisations in the milk and milk products sector
1. Member States shall shall, on request, recognise as producer organisations in the milk and milk products sector all legal entities or clearly defined parts of legal entities applying for such recognition, entities, provided that:
(a) they fulfil are constituted by producers in the requirements laid down milk and milk products sector, are formed on their initiative and pursue a specific aim which may include one or more of the following objectives:
(i) ensuring that production is planned and adjusted to demand, particularly in Article 152(3); terms of quality and quantity;
(ii) concentration of supply and the placing on the market of the products produced by their members;
(iii) optimising production costs and stabilising producer prices;
(b) they have a minimum number of members and/or cover a minimum volume of marketable production, to be laid down by the Member State concerned, in the area where they operate;
(c) there is sufficient evidence that they can carry out their activities properly, both over time and in terms of effectiveness and concentration of supply;
(d) they have statutes that are consistent with points (a), (b) and (c) of this paragraph.
2. Member States may decide that producer organisations which have been recognised before 2 April 2012 on the basis of national law and which fulfil the conditions laid down in paragraph 1 of this Article are to be considered to be as recognised as producer organisations pursuant to Article 152(3). organisations.
3. Member States shall:
(a) decide whether to grant recognition to a producer organisation within four months of the lodging of an application, accompanied by all the relevant supporting evidence; this application shall be lodged with the Member State where the organisation has its headquarters;
(b) carry out, at intervals to be determined by them, checks to verify that recognised producer organisations and associations of producer organisations are complying with the provisions of this Chapter;
(c) in the event of non-compliance or irregularities in the implementation of the measures provided for in this Chapter, impose on those organisations and associations the applicable penalties that they have laid down and, if necessary, decide whether recognition should be withdrawn;
(d) inform the Commission by 31 March of each year of every decision to grant, refuse or withdraw recognition which they have taken during the previous calendar year.