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16.6.2012 Official
Journal
of
the
European
Union L
156/39
COMMISSION IMPLEMENTING REGULATION (EU) No 511/2012
of 15 June 2012
on notifications concerning producer and interbranch organisations and contractual negotiations
and relations provided for in Council Regulation (EC) No 1234/2007 in the milk and milk products
sector
THE EUROPEAN COMMISSION,
purchasers must make a written offer for a contract for
the delivery of raw milk by the farmers, have to notify
Having regard to the Treaty on the Functioning of the European
the Commission of the rules they have adopted with
Union,
regard to contractual relations.
(6) Uniform
rules
should
be
laid
down
concerning
the
Having regard to Council Regulation (EC) No 1234/2007 of
content of those notifications and the date by which
22 October 2007 establishing a common organisation of agri
they should be submitted.
cultural markets and on specific provisions for certain agri
cultural products (Single CMO Regulation) ( 1 ), and in particular
points (b) and (c) of Article 126e(2) and Article 185f(6) thereof,
(7) The
measures
provided
for
in
this
Regulation
are
in
accordance with the opinion of the Committee for the
Common Organisation of Agricultural Markets,
Whereas:
HAS ADOPTED THIS REGULATION:
(1)
Section IIA of Chapter II of Title II of Part II of Regu
lation (EC) No 1234/2007 inserted by Regulation (EU)
Article 1
No 261/2012 of the European Parliament and of the
Council (
1. No
later
than
31
March
each
year,
with
regard
to

2 ) contains rules concerning producer organi
sations and interbranch organisations in the milk and
decisions taken during the previous calendar year, Member
milk products sector.
States shall notify the Commission, pursuant to
Article 126a(4)(d) and Article 126b(3)(e) of Regulation (EC)
No 1234/2007 of:
(2) Articles
126a
and
126b
of
Regulation
(EC)
No
1234/2007 lay down rules concerning the recognition
of producer organisations and their associations and of
(a) the number of producer organisations, associations of
interbranch organisations. Pursuant to those Articles
recognised producer organisations, hereinafter referred to
notifications are to be made by Member States to the
as "associations", and interbranch organisations that they
Commission concerning the decisions to grant, refuse or
granted recognition, and, where applicable, the annual
withdraw recognition. To prepare the reports to the
marketable raw milk volumes produced by producer organi
Council and the European Parliament, pursuant to
sations and associations;
Article 184(9) of Regulation (EC) No 1234/2007,
information is needed on the number of recognised
(b) the number of applications for recognition submitted by
entities, on their size in terms of raw milk volumes
producer organisations, associations and interbranch organi
produced by their member producers and, where appro
sations that they refused and a summary of the reasons for
priate, on the reasons for refusal or withdrawal of their
such refusal;
recognition.
(c) the number of recognised producer organisations, associ
ations and interbranch organisations whose recognition
(3) Article
126c
of
Regulation
(EC)
No
1234/2007
lays
they withdrew and a summary of the reasons for such with
down rules concerning the negotiations of contracts for
drawal.
the delivery of raw milk. Pursuant to that Article notifi
cations are to be made by producer organisations and
Member States.
2. Where a notification referred to in point (a) of paragraph
1 relates to a transnational producer organisation or association,
the notification shall indicate, where applicable, the annual
(4) Article
126d
of
Regulation
(EC)
No
1234/2007
provides marketable raw milk volumes produced by members per
that Member States have to notify the Commission of the
Member State.
rules they have adopted for regulating the supply of
cheese with a protected designation of origin or
Article 2
protected geographical indication.
1. The
notifications
of
the
volumes
of
raw
milk
covered
by
(5) Pursuant
to
Article
185f
of
Regulation
(EC)
No contractual negotiations referred to in Article 126c(2)(f) of
1234/2007, Member States that decide that every
Regulation (EC) No 1234/2007 shall be made to the
delivery of raw milk in their territory by a farmer to a
competent authority of the Member State or Member States
processor of raw milk must be covered by a written
contract between the parties and/or decide that first
(a) where the production of raw milk takes place and,
( 1 ) OJ L 299, 16.11.2007, p. 1.
(b) if different, where the delivery to a processor or a collector
( 2 ) OJ L 94, 30.3.2012, p. 38.
takes place.

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L 156/40
EN
Official Journal of the European Union
16.6.2012
2. A
notification
referred
to
in
paragraph
1
shall
be
made the Member States for regulating the supply of cheese with a
before the start of negotiations and shall indicate the producer
protected designation of origin or protected geographical indi
organisation's or the association's estimate of production
cation as well as a summary note indicating:
volume to be covered by the negotiation and the expected
time period of delivery of the raw milk volume.
(a) the name of the cheese;
3. By 31 January each year, each producer organisation or
(b) the name and type of organisation requesting the regulation
association shall, in addition to the notification referred to in
of supply;
paragraph 1, notify the volume of raw milk, specified per
Member State of production, that was actually delivered under
the contracts negotiated by the producer organisation in the
(c) the means selected for the regulation of supply;
previous calendar year.
(d) the date of entry into force of the rules;
Article 3
(e) the time period in which the rules apply.
1. No
later
than
15
March
each
year,
Member
States
shall
notify the Commission, pursuant to Article 126c(8) of Regu
lation (EC) No 1234/2007 of:
2. Member
States
shall
inform
the
Commission
when
they
repeal rules before the end of the period referred to in point (e)
(a) the total volume of raw milk, specified per Member State of
of paragraph 1.
production, delivered in their territory under contracts
negotiated by the recognised producer organisations and
Article 5
associations in accordance with Article 126c(2)(f) of Regu
The notifications referred to in Article 185f(5) of Regulation
lation (EC) No 1234/2007 in the previous calendar year, as
(EC) No 1234/2007 shall contain the rules adopted by the
notified to the competent authorities under Article 2(3) of
Member States as regards the contracts referred to in
this Regulation;
Article 185f(1) thereof, as well as a summary note indicating:
(b) the number of cases in which National Competition Auth
orities decided that a particular negotiation should either be
(a) whether the Member State has decided that deliveries of raw
reopened or should not take place at all in accordance with
milk by a farmer to a processor must be covered by a
Article 126c(6) of Regulation (EC) No 1234/2007 and a
written contract between the parties and, if so, the stage
short summary of those decisions.
or stages of the delivery required to be covered by such
contracts, if the delivery is made through one or more
2. Where
the
notifications
received
under
Article
2(1)
of
this
collectors, and any minimum duration for written contracts;
Regulation relate to negotiations covering more than one
Member State, Member States shall, for the purposes of the
(b) whether the Member State has decided that the first
second subparagraph of Article 126c(6) of Regulation (EC) No
purchaser of raw milk must make a written offer for a
1234/2007, forward forthwith to the Commission the
contract to the farmer, and, where appropriate, the
information necessary for the Commission to assess whether
minimum duration for the contract which the offer must
competition is excluded or SME processors of raw milk are
include.
seriously damaged.
Article 6
Article 4
This Regulation shall enter into force on the third day following
1. The
notifications
pursuant
to
Article
126d(7)
of
Regu
that of its publication in the Official Journal of the European
lation (EC) No 1234/2007 shall contain the rules adopted by
Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 15 June 2012.
For the Commission
The President
José Manuel BARROSO

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Document Outline

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