Council Regulation (EC) No 104/2000 of 17 December 1999 on the common organisation of the markets in fishery and aquaculture products

Summary of the initiative

Objective(s)
In the interests of simplifying the rules and facilitating their use by those for whom they are intended, the new Regulation should also include the basic provisions, duly updated and supplemented, of Council Regulation (EEC) No 105/76 of 19 January 1976 on the recognition of producers' organisations in the fishing industry and Council Regulation (EEC) No 1772/82 of 29 June 1982 laying down general rules concerning the extension of certain rules adopted by producers' organisations in the fisheries sector. Extension of rules laid down by producer organisations: Where a Producer Organisation is representative of production and marketing in one or more landing places, the Member State may make various measures of that Producer Organisation compulsory for non-members marketing products in the same area. Extension of arrangements to non-members. Where an interbranch organisation is representative of the production of and/or trade in and/or processing of a given product, a Member State may, at the request of the organisation, make some of the arrangements binding for a limited period on other operators in the region who do not belong to the organisation. The arrangements for which extension to other operators may be requested must meet certain conditions and concern one of the following: information about production and the market; stricter production rules than any laid down in Community or national rules; drawing up standard contracts which are compatible with Community rules; rules on marketing.

Description of the Initiative

    Sector

    Sector

    Contact Point - Commission
    MARE B.4.

    Self/Co-Regulation Basic Act

    LEGISLATIVE ACT
    Year
    1999
    Title of Act
    Council Regulation (EC) No 104/2000 of 17 December 1999 on the common organisation of the markets in fishery and aquaculture products, Official Journal L 017, 21/01/2000 P. 0022 - 0052

    Geographical Coverage

    Global coverage
    Participating Countries
    Austria

    Description

    Problems that lead to the introduction of Self/Co-Regulation and the adoption of the Founding Act
    Variation in product quality and marketing standards
    Target Group(s)
    Fishermen and their representative organisations
    Type of Financing
    -
    Type of Monitoring
    Conduct an initial survey of compliance capacity of future regulateesConduct regular visits and spot checksInitiate complaints proceduresMaintain database of those bounded by the normsProduce regular reportsReceive complaints and verify if norms were breached or notReflexive dialogue with the - stakeholdersOther
    European Commissionyesyes
    National public authorityyesyes
    International public authority
    Private regulator (code owner)
    Private independent party with a mandate (e.g. auditors)
    Self-appointed private parties (e.g. NGOs)
    Succinct description of the type of Monitoring
    Checks, surveillance and implementation. The Member States and the Commission must put in place systems for communicating and exchanging information, the cost of which will be partly borne by the Community budget. Marketing standards: Fishery products may be sold or marketed only if they satisfy marketing standards covering classification by quality, size or weight categories, packaging, presentation and labelling. The Member States must check the compliance of products with the marketing standards. The Commission is assisted by the Management Committee for Fishery Products made up of representatives of the Member States under the chairmanship of a Commission representative.
    Type of Enforcement
    Faming, shaming and blamingJudicial sanctionsMembership suspension/exclusionPrivate finesOther
    Private Regulator
    Private independent party with a mandate (e.g. auditors)
    Court system
    Alternative dispute resolution (ADR) / Online dispute resolution (ODR)
    Succinct description of the type of Enforcement
    Each producer organisation must draw up and forward to the competent authorities in the Member State an operational programme for the fishing year which includes: penalties to apply to members who infringe decisions that are taken.

    Results of Commission Monitoring

    Link / Reference of Evaluation
    -