in force 2021-12-07 MODIFIED+47 −453§
Amended by Regulation (EU) 2021/2117 32021R2117
applies from: unchanged
The cross-references in point (a) and point (c) of paragraph 1 were updated, replacing the citation to Article 157(3) with a citation to Article 157 generally in point (a), and replacing the citation to point (a) of Article 157(3) with a citation to Article 157(1), point (a), in point (c).
Paragraph 2 now refers to Article 157(1) instead of Article 157(3) as the provision under which interbranch organisations are considered recognised.
Point (d) of paragraph 3 was shortened by removing the three numbered grounds for withdrawal of recognition relating to non-fulfilment of conditions, participation in prohibited agreements, and failure to notify, leaving only the single ground that requirements and conditions for recognition are no longer fulfilled.
Cited: Art. 163, v1 · Art. 163, v2
text before / after
02013R1308-20201229 → 02013R1308-20211207
Article 163
Recognition of interbranch organisations in the milk and milk products sector
1. Member States may recognise interbranch organisations in the milk and milk products sector provided that such organisations:
(a) fulfil the requirements laid down in Article 157(3); 157;
(b) carry out their activities in one or more regions in the territory concerned;
(c) account for a significant share of the economic activities referred to in Article 157(1), point (a) of Article 157(3); (a);
(d) do not themselves engage in the production of, the processing of, or the trade in, products in the milk and milk products sector.
2. Member States may decide that interbranch 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 recognised as interbranch organisations under Article 157(3). 157(1).
3. Where Member States make use of the option to recognise an interbranch organisation in accordance with paragraph 1 or 2, they shall:
(a) decide whether to grant recognition to the interbranch 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 interbranch organisations are complying with the conditions governing their recognition;
(c) in the event of non-compliance or irregularities in the implementation of the measures provided for in this Regulation, impose on those organisations the applicable penalties they have laid down and, if necessary, decide whether recognition should be withdrawn;
(d) withdraw recognition if:
(i) if the requirements and conditions for recognition laid down in this Article are no longer fulfilled;
(ii) the interbranch organisation takes part in any of the agreements, decisions and concerted practices referred to in Article 210(4); such withdrawal of recognition shall be without prejudice to any other penalties to be imposed pursuant to national law;
(iii) the interbranch organisation fails to comply with the notification obligation referred to in point (a) of the first subparagraph of Article 210(2);
(e) inform the Commission by 31 March of each year of every decision to grant, refuse or withdraw recognition taken during the previous calendar year.