Art. 164

02013R1308-20201229 → 02013R1308-20211207

Article 164 Extension of rules 1. In cases where a recognised producer organisation, a recognised association of producer organisations or a recognised interbranch organisation operating in a specific economic area or areas of a Member State is considered to be representative of the production of or trade in, or processing of, a given product, the Member State concerned may, at the request of that organisation, make binding for a limited period of time some of the agreements, decisions or concerted practices agreed within that organisation on other operators acting in the economic area or areas in question, whether individuals or groups, who do not belong to the organisation or association. 2. For the purposes of this Section, an "economic area" economic area means a geographical zone made up of adjoining or neighbouring production regions in which production and marketing conditions are homogeneous. homogeneous, or, for products with a protected designation of origin or protected geographical indication recognised under Union law, the geographical zone specified in the product specification. 3. An organisation or association shall be deemed representative where, in the economic area or areas concerned of a Member State, it accounts for: (a) as a proportion of the volume of production of, or of trade in, or of processing of the product or products concerned: (i) for producer organisations in the fruit and vegetables sector, at least 60 %, or (ii) in other cases, at least two thirds; and (b) in the case of producer organisations, more than 50 % of the producers concerned. However, where, in the case of interbranch organisations, the determination of the proportion of the volume of production, or of trade in, or of processing of the product or products concerned gives rise to practical difficulties, a Member State may lay down national rules for determining the specified level of representativeness referred to in point (a)(ii) of the first subparagraph. Where the request for an extension of its rules to other operators covers more than one economic area, the organisation or association shall demonstrate the minimum level of representativeness as defined in the first subparagraph for each of the branches it groups in each of the economic areas concerned. 4. The rules for which extension to other operators may be requested as provided for in paragraph 1 shall have one of the following aims: (a) production and market reporting; (b) stricter production rules than those laid down in Union or national rules; (c) the drawing up of standard contracts which are compatible with Union rules; (d) marketing; (e) protecting the environment; (f) measures to promote and exploit the potential of products; (g) measures to protect organic farming as well as designations of origin, quality labels and geographical indications; (h) research to add value to the products, in particular through new uses which do not pose a threat to public health; (i) studies to improve the quality of products; (j) research, in particular into methods of cultivation permitting reduced use of plant protection or animal health products and guaranteeing conservation of the soil and conservation or improvement of the environment; (k) the definition of minimum qualities and definition of minimum standards of packing and presentation; (l) the use of certified seed except when used for organic production within the meaning of Regulation (EU) 2018/848, and the monitoring of product quality; (m) the prevention and management of phytosanitary, animal health, plant health food safety or food safety; environmental risks; (n) the management and valorisation of by-products. Those rules shall not cause any damage to other operators operators, nor prevent the entry of new operators, in the Member State concerned or the Union and shall not have any of the effects listed in Article 210(4) or be otherwise incompatible with Union law or national rules in force. 5. The extension of the rules referred to in paragraph 1 shall be brought to the attention of operators by publication in full in an official publication of the Member State concerned. 6. Member States shall notify the Commission of any decisions taken under this Article.