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Producer Organisations Act 2002 (Act No. Ix Of 2002) Fruit And Vegetable Producer Organisations Regulations 2004 (L.N. 63 Of 2004 )

IN exercise of the powers conferred by articles 9 and 19 of the Producer Organisations Act, 2002, the Minister for Rural Affairs and the Environment has made the following regulations:-
Part I
Preliminary

Producer Organisations Regulations 2004.
(2) These Regulations shall come into force on 15th February
2004.

Short title and commencement

2002.
(2) Where reference in these regulations is made to monetary amounts in Euros, these are to be converted to Maltese liri using the rate of exchange applicable at the time of such conversion.

Interpretation

Part II
Establishment and recognition of producer organisations

(a) which is formed on the own initiative of growers of one or more of the following categories of the products listed in the First Schedule:
(i) Fruit and vegetables
(ii) Fruit
(iii) Vegetables

Characteristics of producer organisations

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(iv) Products intended for processing
(v) Citrus fruits
(vi) Nuts
(vii) Mushrooms:
Provided that with regard to the category of products referred to in subregulation (a) (i) above, only individual recognition is possible;
(b) which has the following principal aims:
(i) ensuring that production is planned and adjusted to demand, particularly in terms of quality and quantity;
(ii) promoting concentration of supply and the placing on the market of its members’ produce;
(iii) reducing production costs and stabilising producer prices;
(iv) promoting 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, or encourage biodiversity.
(c) whose Rules of Association are in conformity with regulation 5.

Recognition of producer organisations

(a)
(b)
(c) (d) (e)
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 cover a minimum value of marketable production of 100,000 Euros.
with regard to the categories of products referred to in subregulations 3 (a) (i) to (vi) above they indicate the specific products they will be producing.
there is sufficient evidence that they can carry out their activities efficiently;
they effectively enable their members to obtain technical assistance in using environmentally-sound cultivation practices;
they effectively provide their members with the technical means for storing, packaging and marketing their produce and ensure proper commercial and budgetary management of their

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activities;

(a) procedures for determining, adopting and amending the said rules of association;
(b) the democratic scrutiny by members of the producer organisation and 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
11 (1) (a);
(d) the provision by members of the information requested by the producer organisation for statistical purposes, in particular on growing areas, quantities cropped, yield and direct sales;
(e) the imposition of penalties for infringement by members of the obligations arising from the Rules of Association or of 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.

Rules of

Association

Provided that where an operational programme pursuant to regulation 9 has been submitted, no member may disclaim his obligations under that programme during the period of its implementation, except where the producer organisation concerned gives its approval.
(2) Resignation of membership shall be notified to the producer organisation and such resignation will become effective six months after notification.

Membership requirements

(a) within three months of the lodging of an application with all the supporting documents, decide whether to grant recognition to a producer organisation; and
(b) cause to be carried out checks at regular intervals to ascertain that producer organisations comply with the terms and

Powers of the

Director

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conditions for recognition, impose in the event of non- compliance the applicable penalties and decide, where necessary, to withdraw recognition.

(2) During the five years following the date of preliminary recognition, the Director may grant to the producer groups referred to in sub-regulation (1) aid to encourage their formation and facilitate their administration according to the provisions of Articles
3 and 4 of Regulation (EC) 1943/2003.

Preliminary recognition of new producer groups

Part III
The operational programme

Submission of operational programmes

Content of operational programmes

Part IV
The operational fund

(a) financial contributions paid by members based on the quantities or value of fruit and vegetables actually marketed;
(b) financial assistance allocated to the producer organisation by the
Minister in terms of Article 15.5 of Regulation (EC) 2200/1996.
(2) Producer organisations shall submit an application for the financial assistance referred to in regulation 11 1 (b) according to the provisions of Regulation (EC) 1433/2003, and for assistance under other aid schemes on the basis of Regulation (EC) 1092/2001 and Regulation (EC) 1535/2003.
(3) Producer organisations and their members must keep up-to-date suitable documentation and should, in particular, specify the areas under tomatoes, peaches, pears, citrus and vegetable crops on the basis of Regulation (EC) 3508/92.

The operational fund

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requirements of Articles 5, 6 and 7 of Regulation (EC) 1433/2003. EC Regulation

Conditions for use of operational fund

Duration of operational programmes

Implications of submission of operational programme

Part V
Interbranch organisations and Agreements

(1) are made up of representatives of economic activities linked to the production of and, or trade in and, or processing of the products referred to in regulation 3 (a);
(2) are established on the initiative of all or some of the organisations or associations which constitute them;
(3) have been recognised by the Director in terms of regulation 18; (4) carry out several of the following measures taking account of the
consumers’ interests:
(i) improving knowledge and the transparency of production and the market;
(ii) helping in the better co-ordination of the way fruit and

Characteristics of interbranch organisations

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vegetables are placed on the market by means of research and market studies;
(iii) drawing up standard forms of contract;
(iv) exploiting more fully the potential of the fruit and vegetables produced;
(v) providing the information and carrying out the research necessary to adjust production towards increased suitability to market requirements and consumers’ tastes and expectations, in particular with regard to product quality and protection of the environment;
(vi) seeking ways of restricting the use of plant health products and other inputs and ensuring produce quality and soil and water conservation;
(vii) exploiting the potential of and protecting organic farming as well as designation of origin, quality labels and geographical indications;
(viii) promoting integrated production or other environmentally sound production methods.

(1) they carry out their activity in Malta;
(2) they represent a significant share in the production of and, or trade in and, or processing of fruit and vegetables or products processed from fruit and vegetables in Malta;
(3) they carry out several of the measures referred to in regulation
17;
(4) they are not themselves engaged in the production or processing or marketing of fruit and vegetables or products processed from fruit and vegetables;
(5) they present evidence that at least 75% of members in the participating producer organisations are in agreement with the setting up of the interbranch organisation
Provided that no more than one interbranch organisation for each product listed in the First Schedule shall be so recognised.

Recognition of interbranch organisations

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Recognition of interbranch organisations

Recognition constitutes authorisation.

(2) An interbranch organisation shall be deemed representative within the meaning of sub-regulation (1) where it accounts for at least two thirds of the production and, or trade in and, or processing of the product or products concerned.

Extension of applicability.

(1) must concern one of the following aims: (a) production and market reporting;
(b) drawing up of standard contracts; (c) rules on marketing;
(d) rules on protecting the environment;
(e) measures to promote and exploit the potential of products;
(f) measures to promote organic farming as well as designations of origin, quality labels and geographical indications;
(2) must have been in force for at least one marketing year and may be made binding for no more than three marketing years;
(3) must not cause any harm to other operators in Malta.

Extension to other operators.

Payment of financial contributions.

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part of the financial contributions paid by its members to the extent that such contributions are intended to cover costs directly incurred as a result of pursuing the activities in question.
Part VI Intervention arrangements

Market withdrawal

Destination of withdrawn products

Payment of withdrawal compensation

Extension of benefits to non- member producers

Part VII
Recovery and Penalties
28. Aid unduly paid or aid applied for fraudulently or irregularly shall be recovered or withheld and penalties shall be applied to the beneficiary and, or applicant concerned according to the provisions of Article 24 of Regulation (EC) 1433/2003

Recovery

Penalties

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Products referred to in Regulation 3
CN Code Description
0702 00 00 Tomatoes, fresh or chilled
0703 Onions, shallots, garlic, leeks and other alliaceous vegetables, fresh or chilled
0704 Cabbages, cauliflowers, kohl-rabi, kale and similar edible brassicas, fresh or chilled
0705 Lettuce (Lactuca sativa) and chicory (Cichorium sp.)
0706 Carrots, turnips, salad beetroot, salsify, celeriac, radishes, and similar edible roots, fresh or chilled
0707 00 Cucumbers and gherkins, fresh or chilled
0708 Leguminous vegetables, shelled or unshelled, fresh or chilled
ex 0709 Other vegetables, fresh or chilled, excluding vegetables of subheadings
0709 60 91, 0709 60 95, 0709 60 99, 0709 90 31, 0709 90 39 and 0709
90 60.
ex 0802 Other nuts , fresh or dried, whether or not shelled or peeled, excluding areca (or betel) and cola nuts falling within subheading 08029020
0803 00 11 Fresh plantains ex 0803 00 90 Dried plantains
0804 20 10 Figs, fresh
0804 30 00 Pineapples
0804 40 Avocados
0804 50 00 Guavas mangoes and mangosteens
0805 Citrus fruit, fresh or dried
0806 10 10 Fresh table grapes
0807 Melons (including watermelons) and pawpaws (papaya) fresh
0808 Apples, pears and quinces, fresh
0809 Apricots, cherries, peaches (including nectarines), plums and sloes, fresh
0810 Other fruit, fresh
0813 50 31
0813 50 39 Mixtures exclusively or dried nuts of CN Nos. 0801 and 0802
1212 10 10 Carobs

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Products referred to in Regulations 24 to 27