HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"L 263/8
EN
Official Journal of the European Union
28.9.2012
REGULATIONS
COMMISSION DELEGATED REGULATION (EU) No 880/2012
of 28 June 2012
supplementing Council Regulation (EC) No 1234/2007 as regards transnational cooperation and
contractual negotiations of producer organisations in the milk and milk products sector
THE EUROPEAN COMMISSION,
processors or collectors of raw milk. To take into
account the seasonal variability of milk production, the
calculation should compare the milk volume covered by
Having regard to the Treaty on the Functioning of the European
the negotiation for the time period of delivery with the
Union,
estimated volume of milk production representative for
that period, to assess compliance with the maximum
ceilings laid down in Article 126c of Regulation (EC)
No 1234/2007,
Having regard to Council Regulation (EC) No 1234/2007 of
22 October 2007 establishing a common organisation of agri
cultural markets and on specific provisions for certain agri
HAS ADOPTED THIS REGULATION:
cultural products (Single CMO Regulation) ( 1 ), and in particular
Article 126e(1) thereof,
Article 1
Headquarters
Whereas:
1. A transnational producer organisation shall establish its
headquarters in the Member State in which it has a significant
(1)
Section IIA of Chapter II of Title II of Part II of Regu
number of members or a significant volume of marketable
lation (EC) No 1234/2007 inserted by Regulation (EU)
production.
No 261/2012 of the European Parliament and of the
Council ( 2 ) contains rules on producer organisations
and their associations in the milk and milk products
2. A
transnational
association
of
recognised
producer
organi
sector, in particular with respect to their recognition
sations, hereinafter referred to as ‘transnational association’,
and contractual negotiations. Those rules need to be
shall establish its headquarters in the Member State where it
supplemented as regards the conditions for recognising
has a significant number of member organisations or a
transnational producer organisations and transnational
significant volume of marketable production.
associations of recognised producer organisations, clar
ifying the responsibility of the Member States involved
and, while respecting the freedom of establishment,
Article 2
ensuring that the applicable rules are those of the
Responsibilities of the Member States
Member State where a significant share of the activities
of such organisations or associations takes place.
1. The
Member
State
in
which
the
headquarters
of
the
trans
national producer organisation or transnational association are
established shall be responsible for the following:
(2) In
addition,
rules
should
be
laid
down
relating
to
the
establishment and the conditions of administrative
(a) recognising the transnational producer organisation or the
assistance to be given in the case of transnational cooper
transnational association in accordance with Article 126a of
ation. Such assistance should in particular include the
Regulation (EC) No 1234/2007 and carrying out the tasks
transfer of information that would allow the competent
referred to in Article 126a(4) of that Regulation;
Member State to assess whether a producer organisation
or association of recognised producer organisations
complies with the terms of recognition. Such information
(b) establishing the necessary administrative collaboration with
is necessary to allow the competent Member State to take
the other Member States in which the members or member
action in case of non-compliance.
organisations are located with respect to verifying
compliance with the terms of recognition referred to in
Article 126a of Regulation (EC) No 1234/2007;
(3) Additional
rules
should
be
laid
down
regarding
the
calcu
lation of the volume of raw milk covered by the negoti
ations between recognised producer organisations and
(c) providing, on request of the other Member States, all
relevant information and documentation to the other
( 1 ) OJ L 299, 16.11.2007, p. 1.
Member States in which the members or member organi
( 2 ) OJ L 94, 30.3.2012, p. 38.
sations are located.

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EN
28.9.2012 Official
Journal
of
the
European
Union L
263/9
2. For the purposes of point (b) of paragraph 1, the other
Article 3
Member States shall give all necessary administrative assistance
to the Member State in which the headquarters of the trans
Calculation of amounts of raw milk for negotiation
national producer organisation or transnational association are
For the purposes of Article 126c(2)(c) and (3) of Regulation
established, including the transfer of all relevant information.
(EC) No 1234/2007, the negotiation ceilings shall be calculated
taking into account the delivery period of the raw milk covered
by contractual negotiations and the seasonal variability in milk
production, where that variability is significant.
3. Where
a
producer
organisation
or
an
association
of
Article 4
recognised producer organisations conducts negotiations as
Entry into force
referred to in Article 126c of Regulation (EC) No 1234/2007
in a Member State other than that in which its headquarters are
This Regulation shall enter into force on the third day following
established, the Member States involved shall ensure that all
that of its publication in the Official Journal of the European
necessary mutual administrative assistance is given.
Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 28 June 2012.
For the Commission
The President
José Manuel BARROSO

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Document Outline

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