No L 325/8 Official Journal of the European Communities - 22.11. 83 COUNCIL REGULATION (EEC) No 3285/83 of 14 November 1983 laying down general rules for the extension of certain rules issued by producers’ organizations in the fruit and vegetables sector THE COUNCIL OF THE EUROPEAN COMMUNITIES, . Having regard to the Treaty establishing the European Economic Community, Having regard to the Council Regulation (EEC) No 1035/72 of 18 May 1972 on the common organization of the market in fruit and vegetables ('), as last amended by Regulation (EEC) No 3284/83 (3, and in particular to Article 15b thereof, Having regard to the proposal from the Commission, Whereas pursuant to Article 15b of Regulation (EEC) No 1035/72, Member States may, in certain circum- stances, extend to the generality of non-member producers established in a defined economic area, certain rules issued, for its members, by a producer organization considered as being representative of production and marketing in that area; Whereas the representative nature of the organization concerned must be established on the basis of the scale of the production and marketing activity under- taken by that organization in the market of the area concerned ; whereas, in order to facilitate the imple- mentation of this system, the criteria to be laid down for the representative nature should be less strict than for the future ; whereas, however, for this first period of application provision should be made that the rules applied by an organization or a representative associa- tion may not always be extended if they meet with substantial opposition from producers in the area; Whereas, in order to harmonize the application of the system described above in the Member States, the rules which may be extended to non-members should be defined ; Whereas, where produce is sold on the tree, the rules extended to the producer and the buyer respectively should be specified ; Whereas, in order to provide the said system with the necessary flexibility, the period of application of the extended rules should not exceed a certain period, () OJ No L 118, 20. 5. 1972, p. 1. (®) See page 1 of this Official Journal. HAS ADOPTED THIS REGULATION : Article 1 This Regulation lays down general rules for imple- menting the system under which the rules of produ- cers’ organizations in the fruit and vegetables sector are to be extended to non-members, as provided for in Article 15b of Regulation (EEC) No 1035/72. Article 2 The producers referred to in this Regulation are those whose produce is basically intended for marketing. Article 3 A producers’ organization or association of producers’ organizations shall be considered representative within the meaning of Article 15b (1) of Regulation (EEC) No 1035/72: — during the first three years of the application of this Regulation, if it covers more than 50 % of the producers in the- economic area in which it operates and more than 50 % of the production of that area, — for following years, if it covers at least two-thirds of the producers in the economic area in which it operates and at least two-thirds of the production of that area. Article 4 During the period referred to in the first indent of Article 3, the rules referred to in Article 15b of Regu- lation (EEC) No 1035/72 shall not have a binding effect where, under the consultations provided for in paragraph 1 of that Article, at least one-third of the producers in that area make known their opposition. Article 5 The rules which may have a binding effect upon producers established in a given area who are not members of a producers’ organization as referred to in Article 15b of Regulation (EEC) No 1035/72 shall be those covering the activities listed in the Annex.