LegalizeCommission Implementing Regulation (EU) No 511/2012 of 15 June 2012 on notifications concerning producer and interbranch organisations and contractual negotiations and relations provided for in Council Regulation (EC) No 1234/2007 in the milk and milk products sector
Article 2
The notifications of the volumes of raw milk covered by contractual negotiations referred to in Article 126c(2)(f) of Regulation (EC) No 1234/2007 shall be made to the competent authority of the Member State or Member States
- (a) where the production of raw milk takes place and,
- (b) if different, where the delivery to a processor or a collector takes place.
A notification referred to in paragraph 1 shall be made before the start of negotiations and shall indicate the producer organisation's or the association's estimate of production volume to be covered by the negotiation and the expected time period of delivery of the raw milk volume.
By 31 January each year, each producer organisation or association shall, in addition to the notification referred to in paragraph 1, notify the volume of raw milk, specified per Member State of production, that was actually delivered under the contracts negotiated by the producer organisation in the previous calendar year.
Article 3
No later than 15 March each year, Member States shall notify the Commission, pursuant to Article 126c(8) of Regulation (EC) No 1234/2007 of:
- (a) the total volume of raw milk, specified per Member State of production, delivered in their territory under contracts negotiated by the recognised producer organisations and associations in accordance with Article 149(2)(f) of Regulation (EU) No 1308/2013 of the European Parliament and of the Council ([^E0001]) in the previous calendar year, as notified to the competent authorities under Article 2(3) of this Regulation, indicating the number of producer organisations and associations and the respective volumes delivered;
- (b) the number of cases in which National Competition Authorities decided that a particular negotiation should either be reopened or should not take place at all in accordance with Article 126c(6) of Regulation (EC) No 1234/2007 and a short summary of those decisions.
Where the notifications received under Article 2(1) of this Regulation relate to negotiations covering more than one Member State, Member States shall, for the purposes of the second subparagraph of Article 126c(6) of Regulation (EC) No 1234/2007, forward forthwith to the Commission the information necessary for the Commission to assess whether competition is excluded or SME processors of raw milk are seriously damaged.
Article 4
The notifications pursuant to Article 126d(7) of Regulation (EC) No 1234/2007 shall contain the rules adopted by the Member States for regulating the supply of cheese with a protected designation of origin or protected geographical indication as well as a summary note indicating:
- (a) the name of the cheese;
- (b) the name and type of organisation requesting the regulation of supply;
- (c) the means selected for the regulation of supply;
- (d) the date of entry into force of the rules;
- (e) the time period in which the rules apply.
Member States shall inform the Commission when they repeal rules before the end of the period referred to in point (e) of paragraph 1.
Article 5
The notifications referred to in Article 185f(5) of Regulation (EC) No 1234/2007 shall contain the rules adopted by the Member States as regards the contracts referred to in Article 185f(1) thereof, as well as a summary note indicating:
- (a) whether the Member State has decided that deliveries of raw milk by a farmer to a processor must be covered by a written contract between the parties and, if so, the stage or stages of the delivery required to be covered by such contracts, if the delivery is made through one or more collectors, and any minimum duration for written contracts;
- (b) whether the Member State has decided that the first purchaser of raw milk must make a written offer for a contract to the farmer, and, where appropriate, the minimum duration for the contract which the offer must include.
Article 5a
The notifications referred to in this Regulation, with the exception of those referred to in Article 3(2), shall be made in accordance with Commission Regulation (EC) No 792/2009 ([^E0002]).
Article 6
This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
[^E0001]: Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (OJ L 347, 20.12.2013, p. 671).
[^E0002]: Commission Regulation (EC) No 792/2009 of 31 August 2009 laying down detailed rules for the Member States' notification to the Commission of information and documents in implementation of the common organisation of the markets, the direct payments' regime, the promotion of agricultural products and the regimes applicable to the outermost regions and the smaller Aegean islands (OJ L 228, 1.9.2009, p. 3).
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