No L 310/12 Official Journal of the European Communities 3. 12. 94 COMMISSION REGULATION (EC) No 2939/94 of 2 December 1994 laying down detailed rules for the application of Council Regulation (EEC) No 105/76 on the recognition of producers’ organizations in the fishing industry THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Regulation (EEC) No 3759/92 of 17 December 1992 on the common organization of the market in fishery and aquaculture products ('), as last amended by Regulation (EEC) No 1891/93 (3, Having regard to Council Regulation (EEC) No 105/76 of 19 January 1976 on the recognition of producers’ organi- zations in the fishing industry () as amended by Commission Regulation (EEC) No 3940/87 of 21 December 1987 (), and in particular Articles 2 (2) and 3 thereof, Whereas Commission Regulation (EEC) No 2062/80 of 31 July 1980, on the conditions for granting or withdraw- ing recognition of producers’ organizations and associa- tions thereof in the fishing industry (%), as last amended by Regulation (EEC) No 3527/92 (%), requires extensive amendment ; whereas it should therefore be replaced; Whereas the terms and procedure for recognizing, for refusing to recognize and for withdrawing recognition from producers’ organizations should be laid down in order to provide for uniform application of the rules of the common organization of the market in fishery and aquaculture products ; Whereas a producers’ organization must, under Article 2 of Regulation (EEC) No 105/76, be sufficiently active economically to be recognized; whereas the circum- stances indicating that this condition can be regarded as satisfied should be defined; Whereas a general framework should be settled for the rules on production and marketing which the members of a producers’ organization are required to observe in accordance with Article 4 (1) of Council Regulation (EEC) No 3759/92, hereinafter referred to as ‘the basic Regula- tion’; Whereas the Member States should monitor the activities of producers’ organizations ; () OJ No L 388, 31. 12. 1992, p. 1. () OJ No L 172, 15. 7. 1993, p. 1. % OJ No L 20, 28. 1. 1976, p. 39. () OJ No L 373, 31. 12. 1987, p. 6. %) OJ No L 200, 1. 8. 1980, p. 82. (9 OJ No L 358, 8. 12. 1992, p. 5. Whereas the information which an applicant for recogni- tion must provide should be laid down; whereas time limits should be set for granting, refusing and withdraw- ing recognition and for keeping the Commission informed ; whereas aid given under Article 7 of the basic Regulation should be recovered if recognition has been fraudulently applied for or made use of; Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Fishery Products, HAS ADOPTED THIS REGULATION : Article 1 1.  This Regulation lays down the terms and procedure for recognizing producers’ organizations and associations of producers’ organizations and for withdrawing recogni- tion from them. 2. For the purposes of this Regulation, the term ‘producers’ organization’ is defined in the first paragraph of Article 4 (1) of the basic Regulation. Article 2 1. The requirement laid down in Article 2(1)(a) of Regulation (EEC) No 105/76, that a producers’ organiza- tion must show that it is sufficiently active economically, shall be satisfied if the area covered by the application for recognition is judged by the Member State, on the basis of its size, of the total capacity of fishing vessels operating from it and the regularity and size of the landings there, to be of sufficient importance, and a) the number of vessels operated by members of the P Y producers’ organization is at least 20 % of the total number of vessels established in that area; or (b) as regards the species or group of species for which recognition is sought the producers’ organization disposes of either (i) at least 15 % by weight of the total production in its area, or (ii) at least 30 % by weight of the total production in a major port or market in its area, the Member State concerned designating major ports and markets for this purpose.