Regulation (EU) No 1379/2013 of the European Parliament and of the Council of 11 December 2013 on the common organisation of the markets in fishery and aquaculture products, amending Council Regulations (EC) No 1184/2006 and (EC) No 1224/2009 and repealing Council Regulation (EC) No 104/2000

CHAPTER I

GENERAL PROVISIONS

Article 1

Subject matter

The CMO shall be comprised of the following elements:

(a) professional organisations;

(b) marketing standards;

(c) consumer information;

(d) competition rules;

(e) market intelligence.

Article 2

Scope

The CMO shall apply to the fishery and aquaculture products listed in Annex I to this Regulation, which are marketed in the Union.

Article 3

Objectives

The objectives of the CMO are those laid down in Article 35 of Regulation (EU) No 1380/2013 of the European Parliament and of the Council (³).

Article 4

Principles

The CMO shall be guided by the principles of good governance laid down in Article 3 of Regulation (EU) No 1380/2013.

Article 5

Definitions

For the purposes of this Regulation, the definitions referred to in Article 4 of Regulation (EU) No 1380/2013, as well as those referred to in Article 4 of Council Regulation (EC) No 1224/2009 (⁴), in Article 2 of Regulation (EU) No 1169/2011 of the European Parliament and of the Council (⁵), in Articles 2 and 3 of Regulation (EC) No 178/2002 of the European Parliament and of the Council (⁶), and in Article 3 of Regulation (EC) No 1333/2008 of the European Parliament and of the Council (⁷), shall apply. The following definitions shall also apply:

(a) 'fishery products' mean aquatic organisms resulting from any fishing activity or products derived therefrom, as listed in Annex I;

(b) 'aquaculture products' mean aquatic organisms at any stage of their life cycle resulting from any aquaculture activity or products derived therefrom, as listed in Annex I;

(c) 'producer' means any natural or legal person using means of production to obtain fishery or aquaculture products with a view to placing them on the market;

(d) 'fishery and aquaculture sector' means the sector of the economy which comprises all activities of production, processing and marketing of fishery or aquaculture products;

(e) 'making available on the market' means any supply of a fishery or aquaculture product for distribution, consumption or use on the Union market in the course of a commercial activity, whether in return for payment or free of charge;

(f) 'placing on the market' means the first making available of a fishery or aquaculture product on the Union market;

(g) 'retail' means the handling and/or processing of food and its storage at the point of sale or delivery to the final consumer, including distribution terminals, catering operations, factory canteens, institutional catering, restaurants and other similar food service operations, shops, supermarket distribution centres and wholesale outlets;

(h) 'prepacked fishery and aquaculture products' mean fishery and aquaculture products which are 'prepacked food' as referred to in point (e) of Article 2(2) of Regulation (EC) No 1169/2011.

CHAPTER II

PROFESSIONAL ORGANISATIONS

SECTION I

Establishment, objectives and measures

Article 6

Establishment of fishery producer organisations and aquaculture producer organisations

Article 7

Objectives of producer organisations

Fishery producer organisations shall pursue the following objectives:

(a) promoting the viable and sustainable fishing activities of their members in full compliance with the conservation policy, as laid down, in particular, in Regulation (EU) No 1380/2013 and in environmental law, while respecting social policy and, where the Member State concerned so provides, participating in the management of marine biological resources;

(b) avoiding and reducing as far as possible unwanted catches of commercial stocks and, where necessary, making the best use of such catches, without creating a market for those that are below the minimum conservation reference size, in accordance with Article 15 of Regulation (EU) No 1380/2013;

(c) contributing to the traceability of fishery products and access to clear and comprehensive information for consumers;

(d) contributing to the elimination of illegal, unreported and unregulated fishing.

Aquaculture producer organisations shall pursue the following objectives:

(a) promoting the sustainable aquaculture activities of their members through providing opportunities for their development in full compliance with, in particular, Regulation (EU) No 1380/2013 and with environmental law, while respecting social policy;

(b) ascertaining that the activities of their members are consistent with the national strategic plans referred to in Article 34 of Regulation (EU) No 1380/2013;

(c) endeavouring to ensure that aquaculture feed products of fishery origin come from fisheries that are sustainably managed.

Producer organisations shall, in addition to the objectives laid down in paragraphs 1 and 2, pursue two or more of the following objectives:

(a) improving the conditions for the placing on the market of their members' fishery and aquaculture products;

(b) improving economic returns;

(c) stabilising the markets;

(d) contributing to food supply and promoting high food quality and safety standards, whilst contributing to employment in coastal and rural areas;

(e) reducing the environmental impact of fishing, including through measures to improve the selectivity of fishing gears.

Article 8

Measures deployable by producer organisations

In order to achieve the objectives set out in Article 7, producer organisations may, inter alia, make use of the following measures:

(a) adjusting production to market requirements;

(b) channelling the supply and marketing of their members' products;

(c) promoting the Union fishery and aquaculture products of their members in a non-discriminatory manner by using, for example, certification, and in particular designations of origin, quality seals, geographical designations, traditional specialities guaranteed, and sustainability merits;

(d) controlling and taking measures to ensure that their members' activities comply with the rules established by the producer organisation concerned;

(e) promoting vocational training and cooperation programmes to encourage young people to enter the sector;

(f) reducing the environmental impact of fishing, including through measures to improve the selectivity of fishing gears;

(g) promoting the use of information and communication technology to improve marketing and prices;

(h) facilitating consumer access to information on fishery and aquaculture products.

Fishery producer organisations may also make use of the following measures:

(a) collectively planning and managing the fishing activities of their members, subject to the organisation, by Member States, of the management of marine biological resources, including developing and implementing measures to improve the selectivity of fishing activities and advising competent authorities;

(b) avoiding and minimising unwanted catches through involvement in the development and application of technical measures, and making the best use of unwanted catches of commercial stocks without creating a market for those catches that are below the minimum conservation reference size, in accordance with Article 15(11) of Regulation (EU) No 1380/2013 and Article 34(2) of this Regulation, as appropriate;

(c) managing temporary storage for fishery products in accordance with Articles 30 and 31 of this Regulation.

Aquaculture producer organisations may also make use of the following measures:

(a) promoting sustainable aquaculture activities, notably in terms of environmental protection, animal health and animal welfare;

(b) collecting information on the marketed products, including economic information on first sales, and on production forecasts;

(c) collecting environmental information;

(d) planning the management of the aquaculture activities of their members;

(e) supporting programmes for professionals to promote sustainable aquaculture products;

(f) managing temporary storage for aquaculture products in accordance with Articles 30 and 31 of this Regulation.

Article 9

Establishment of associations of producer organisations

Article 10

Objectives of associations of producer organisations

Associations of producer organisations shall pursue the following objectives:

(a) performing in a more efficient and sustainable manner any of the objectives of the member producer organisations laid down in Article 7;

(b) coordinating and developing activities of common interest for the member producer organisations.

Article 11

Establishment of inter-branch organisations

Inter-branch organisations may be established at the initiative of operators of fishery and aquaculture products in one or more Member States and recognised in accordance with Section II.

Article 12

Objectives of inter-branch organisations

Inter-branch organisations shall improve the coordination of, and the conditions for, making fishery and aquaculture products available on the Union market.

Article 13

Measures deployable by inter-branch organisations

In order to achieve the objectives referred to in Article 12, inter-branch organisations may make use of the following measures:

(a) drawing up standard contracts which are compatible with Union legislation;

(b) promoting Union fishery and aquaculture products in a non-discriminatory manner by using, for example, certification, and in particular designations of origin, quality seals, geographical designations, traditional specialities guaranteed, and sustainability merits;

(c) laying down rules on the production and marketing of fishery and aquaculture products which are stricter than those laid down in Union or national legislation;

(d) improving quality, knowledge of, and the transparency of, production and the market, as well as carrying out professional and vocational training activities, for example, on quality and traceability matters, on food safety and in order to encourage research initiatives;

(e) performing research and market studies, and developing techniques to optimise the operation of the market, including through the use of information and communication technology, as well as collecting socio-economic data;

(f) providing the information and carrying out the research needed to deliver sustainable supplies at the quantity, quality and price corresponding to market requirements and consumer expectations;

(g) promoting, among consumers, species obtained from fish stocks that are in a sustainable state, that have appreciable nutritional value and that are not widely consumed;

(h) controlling and taking measures for compliance of their members' activities with the rules established by the inter-branch organisation concerned.

SECTION II

Recognition

Article 14

Recognition of producer organisations

Member States may recognise as producer organisations all groups set up on the initiative of fishery or aquaculture producers which apply for such recognition, provided that they:

(a) comply with the principles set out in Article 17 and with the rules adopted for their application;

(b) are sufficiently economically active in the territory of the Member State concerned or a part thereof, in particular as regards the number of members or the volume of marketable production;

(c) have legal personality under the national law of the Member State concerned, are established there and have their official headquarters in its territory;

(d) are capable of pursuing the objectives laid down in Article 7;

(e) comply with the competition rules referred to in Chapter V;

(f) do not abuse a dominant position on a given market; and

(g) provide relevant details of their membership, governance and sources of funding.

Article 15

Financial support to producer organisations or associations of producer organisations

Marketing measures for fishery and aquaculture products which aim to create or restructure producer organisations or associations of producer organisations may be financially supported in accordance with a future Union legal act establishing the conditions for the financial support for maritime and fisheries policy for the period 2014–2020.

Article 16

Recognition of inter-branch organisations

Member States may recognise as inter-branch organisations the groups of operators established on their territory which apply for such recognition, provided that they:

(a) comply with the principles set out in Article 17 and with the rules adopted for their application;

(b) represent a significant share of production activity and of either processing or marketing activities or of both, concerning fishery and aquaculture products or products processed from fishery and aquaculture products;

(c) are not themselves engaged in the production, processing or marketing of fishery and aquaculture products or products processed from fishery and aquaculture products;

(d) have legal personality under the national law of a Member State, are established there and have their official headquarters in its territory;

(e) are capable of pursuing the objectives laid down in Article 12;

(f) take into account the interest of consumers;

(g) do not hinder the sound operation of the CMO; and

(h) comply with the competition rules referred to in Chapter V.

Article 17

Internal functioning of producer organisations and inter-branch organisations

The internal functioning of producer organisations and inter-branch organisations referred to in Articles 14 and 16 shall be based on the following principles:

(a) compliance by its members with the rules adopted by the organisation in terms of fisheries exploitation, production and marketing;

(b) non-discrimination among members, particularly on grounds of nationality or place of establishment;

(c) the levying of a financial contribution from its members in order to finance the organisation;

(d) a democratic functioning that enables the members to scrutinise their organisation and its decisions;

(e) the imposition of effective, dissuasive and proportionate penalties for infringement of obligations laid down in the internal rules of the organisation concerned, particularly in the case of –non payment of financial contributions;

(f) the definition of rules on the admission of new members and the withdrawal of membership;

(g) the definition of the accounting and budgetary rules necessary for the management of the organisation.

Article 18

Checks and withdrawal of recognition by Member States

Article 19

Allocation of fishing opportunities

When performing its tasks, a producer organisation whose members are nationals of different Member States or an association of producer organisations recognised in different Member States shall comply with the provisions governing the allocation of fishing opportunities among Member States in accordance with Article 16 of Regulation (EU) No 1380/2013.

Article 20

Checks by the Commission

Article 21

Implementing acts

The Commission shall adopt implementing acts concerning:

(a) the time-limits and procedures and the form of applications for the recognition of producer organisations and inter-branch organisations pursuant to Articles 14 and 16 respectively, or for the withdrawal of such recognition pursuant to Article 18;

(b) the format, time-limits and procedures to be applied by Member States for the communication to the Commission of any decision to grant or withdraw the recognition pursuant to Article 20(2).

The implementing acts adopted under point (a) shall, where appropriate, be adapted to the special characteristics of small–scale fisheries and aquaculture.

SECTION III

Extension of rules

Article 22

Extension of rules of producer organisations

A Member State may make the rules agreed within a producer organisation binding on producers who are not members of the organisation and who market any of the products within the area in which the producer organisation is representative, provided that:

(a) the producer organisation has been established for a period of at least one year and is considered to be representative of production and marketing, including, where relevant, the small–scale and artisanal sector, in one Member State and makes an application to the competent national authorities;

(b) the rules to be extended concern any of the measures for producer organisations laid down in points (a), (b) and (c) of Article 8(1), points (a) and (b) of Article 8(2) and points (a) to (e) of Article 8(3);

(c) the competition rules referred to in Chapter V are complied with.

Article 23

Extension of the rules of inter-branch organisations

A Member State may make some of the agreements, decisions or concerted practices agreed on within an inter-branch organisation binding in the specific area or areas on other operators who do not belong to that organisation, provided that:

(a) the inter-branch organisation covers at least 65 % of each of at least two of the following activities: production, processing or marketing of the relevant product during the previous year in the area or areas concerned of a Member State, and makes an application to the competent national authorities; and

(b) the rules to be extended to other operators concern any of the measures for inter-branch organisations laid down in points (a) to (g) of Article 13 and do not cause any damage to other operators in the Member State concerned or the Union.

Article 24

Liability

When rules are extended to non-members in accordance with Articles 22 and 23, the Member State concerned may decide that non-members are liable to the producer organisation or the inter-branch organisation for the equivalent of all or part of the costs paid by members as a result of the application of the rules that have been extended to non-members.

Article 25

Authorisation by the Commission

The Commission shall adopt a decision authorising the extension of the rules referred to in paragraph 1, provided that:

(a) the provisions of Articles 22 and 23 are complied with;

(b) the competition rules referred to in Chapter V are complied with;

(c) the extension does not jeopardise free trade; and

(d) the achievement of the objectives of Article 39 TFEU is not endangered.

Article 26

Withdrawal of authorisation

The Commission may carry out checks and may withdraw the authorisation of extension of rules where it establishes that any of the requirements for the authorisation is not met. The Commission shall inform the Member States of such withdrawal.

Article 27

Implementing acts

The Commission shall adopt implementing acts concerning the format and procedure of the notification provided for in Article 25(1). Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 43(2).

SECTION IV