L 203/18 Official Journal of the European Union 12.8.2003 COMMISSION REGULATION (EC) No 1432/2003 of 11 August 2003 laying down detailed rules for the application of Council Regulation (EC) No 2200/96 regarding the conditions for recognition of producer organisations and preliminary recognition of producer groups THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Regulation (EC) No 2200/96 of 28 October 1996 on the common organisation of the market in fruit and vegetables (), as last amended by Regulation (EC) No 47/2003 (3), and in particular Article 11(2)(a) and Article 48 thereof, Whereas: 1 In the light of the experience acquired in recent years, it is proving necessary to amend the provisions of Commission Regulation (EC) No 412/97 of 3 March 1997 laying down detailed rules for the application of Council Regulation (EC) No 2200/96 as regards the recognition of producer organisations (}), as last amended by Commission Regulations (EC) No 43/ 2003 (*) and No 478/97 of 14 March 1997 laying down detailed rules for the application of Regulation (EC) No 2200/96 as regards preliminary recognition of producer organisations (°) as amended by Commission Regulation (EC) No 243/1999 (). In the interests of clarity and rationality, the provisions of the above regulations and their amendments should be concentrated in a single regulation replacing them. Commission Regulations (EC) No 412/97 and (EC) No 478/97 should therefore be repealed. Article 11(1)(a) and (3) of Regulation (EC) No 2200/96 make provision for different types of producer organisa- tions. All producer organisations for which an applica- tion for recognition is submitted should, as a rule, fall into one of the categories laid down. Provision should however be made to enable a producer organisation to be recognised for some categories of product, for one or several of these categories. A minimum number of members and a minimum volume of marketable production needs to be laid down. Member States should therefore be allowed to lay down minimum conditions more stringent than those provided for by this Regulation. In order to help achieve the goals of the common orga- nisation of markets and to ensure that producer organi- sations carry out their work in a sustainable and effective 297,21.11.1996, p. 1. 7,11.1.2003, p. 64. 62, 4.3.1997, p. 16. 75,15.3.1997, p. 4. 27,2.2.1999, p. 8. (*) OJL () OJL () OJL (% OJL7,11.1.2003, p. 25. () O] L () oL (10) (12) way, there should be the utmost stability within producer organisations. Membership of a producer orga- nisation should therefore be for a minimum period, particularly with regard to the obligations relating to an operational programme as referred to in Article 15 of Regulation (EC) No 2200/96. It should be left up to the Member States to lay down the notice periods and the dates on which resignation from membership are to take effect. A producer organisation may not be able to ensure directly in an efficient manner that all its activities take place. Member States should be authorised to lay down appropriate rules. The main and essential activities of a producer organisa- tion should relate to the production of its members. However, producer organisations should be allowed to engage in other activities, whether or not of a commer- cial nature, within certain limits. Cooperation between producer organisations should be encouraged by allowing the marketing of fruit and vegetables bought exclusively from another recognised producer organisa- tion to be left out of the calculations both for the purposes of the principal activity and for other activities. Producer organisations may hold shares in subsidiaries which help to increase the added value of their produc- tion of their members. In the case in point, rules should be fixed for calculating the value of marketed produc- tion. In view of the nature of the products, their production and their marketing, the holdings of members of a producer organisation may be located in Member States other than that in which the producer organisation has its head office. To promote the concentration of supply in the Commu- nity, the functions of associations of producer organisa- tions and minimum criteria for their recognition should be laid down, together with certain rules where these associations are transnational in nature. In order to facilitate the concentration of supply, the merger of existing producer organisations to form new ones should be encouraged and rules determined for the operational programmes of the organisations resulting from mergers.