L.S. 447.02 Regolamenti dwar l-Għaqdiet tal-Produtturi (Certu Prodotti) Dawn ir-regolamenti ġew trasposti għall-Kap. 639 - ara L.S. 639.07

(1)In these regulations, unless the context otherwise requires and without prejuduce to sub-regulation

(2): Interpretation. Amended by: L.N. 277 of 2016. "Director" means the Director of Agriculture and includes, to the extent of the authority given, any person or authority authorised by him to act in that behalf for the purposes of these regulations; "environmental pressure" means something that could affect the health or life of an animal, plant or ecological system in general including air, land and water; "member" means a local person who together with other local persons, forms, creates or joins a producer organisation; "person" includes a physical or legal person, whether such persons is a local producer, a co-operative or a company which is/ are involved in local agriculture produce; "producer" means any local producer who is involved in the trade of tilling land or tending livestock; "producer organisation" means an organisation, recognised by the Director, being a voluntary legally constituted body of local producers of local particular products or persons engaged in the agriculture industries, acting together to produc harvest, store, package or market their products; "product" means the type of local agricultural produce of the following sectors: Potatoes, Pig meat, Milk, Poultry, Traditional Cheeselets made from sheep and, or goats, Honey, Rabbit meat and "production" shall be construed accordingly.

(2)Unless the context otherwise requires, words and phrases used in these regulations shall have the same meaning as is assigned to them in article 2 of the Producer Organisations Act. *These Regulations have been transposed to Cap 639, see S.L. 639.

1. - See Act XXXIII of
2. Cap.
3. 2 [ S.L.447.02 PRODUCER ORGANISATIONS (CERTAIN PRODUCTS) Part II Establishment and Recognition of Producer Organisations Characteristics of producer organisation. Amended by: L.N. 277 of
4. 3.

(1)For the purposes of these regulations, a producer organisation is any entity having a separate and distinct legal personality from that of its members which is recognised by the Director as a voluntary legally constituted body of producers of particular products or of persons engaged in agricultural industries acting together to produce, harvest, store, package and, or market any of the following products: (i) Potatoes, (ii) Pig meat, (iii) Milk (iv) Poultry (v) Traditional Cheeselets made from sheep and, or goats, (vi) Honey, (vii) Rabbit meat.

(2)The principal aims of a producer organisation are to: (

1. i)ensure that the production is planned and adjusted to market demand, particularly in terms of quality and quantity; (
2. ii)promote the products under categories listed in subregulation

(1), produced by its members; (iii) reduce production costs and stabilise producer prices; (

1. iv)promote the use of cultivation practices, production techniques and environmentally sound wastemanagement practices in particular to protect the quality of water, soil and landscape and to preserve and encourage biodiversity; (
2. v)effectively enable their members to obtain technical assistance in using environmentally-friendly cultivation and production practices.

(3)A producer organisation must have its Rules of Association in conformity with regulation 5. Recognition of producer organisation. Amended by: L.N. 277 of 2016. 4. The Director shall recognise as producer organisations all entities applying for such recognition, in so far as: (

1. a)they are a group of farmers registered as a cooperative or other recognised legal entity prior to applying for recognition as a producer organisation; (
2. b)they meet the requirements laid down in regulation 3 and provide the relevant evidence, including proof that they have a minimum number of five members and comprise a minimum value of total annual market PRODUCER ORGANISATIONS (CERTAIN PRODUCTS) [ S.L.447.02 3 share of 10% for the pig meat, milk and poultry sectors and 2.5% for the other four sectors. A value of Lm80,000 for product turnover is also mandatory for producer groups of potatoes, traditional cheeselets made from sheep and, or goats, honey and rabbit meat; (
3. c)there is sufficient evidence that they are able to carry out their activities efficiently; (
4. d)they provide the necessary evidence that they intend to provide their members with the technical means for storing, packaging and marketing their produce and ensure proper commercial and budgetary management of their activities. 5. for: The Rules of Association of applicant groups shall provide Rules of Association. (
5. a)procedures for determining, adopting and amending the Rules of Association; (
6. b)the democratic scrutiny by members of the producer organisation of its decisions; (
7. c)the payment by members of the financial contributions provided for in their Rules of Association for the establishment and replenishment of the operational fund provided for in regulation 9

(1); (

1. d)the provision by members of the information requested by the producer organisation for statistical purposes, in particular on growing areas, quantities cropped or produced, number of livestock or their products kept, produced and related direct sales (
2. e)the imposition of penalties for infringement by members of any obligation arising from the Rules of Association or from other rules laid down by the producer organisation; (
3. f)the admission of new members, particularly concerning a minimum membership period; (
4. g)the accounting and budgetary rules necessary for the operation of the producer organisation. 6.

(1)The minimum membership period of a producer shall be not less than three years from the date of from signing up as a member with the producer organisation. Membership requirements.

(2)Resignation of membership shall be notified to the producer organisation and such resignation will become effective twelve months after notification. 7. The Director shall: (

1. a)within three months from receiving an application for recognition as a producer organisation, decide whether to grant such recognition or not; (
2. b)where he deems necessary, issue guidelines with regards to the administrative procedures which are to Duties of the Director. Substituted by: L.N. 277 of 2016. 4 [ S.L.447.02 PRODUCER ORGANISATIONS (CERTAIN PRODUCTS) be followed mandatorily by applicants applying for recognition as a producer organisation and issue forms which are necessary for the compilation of the application for recognition; (
3. c)carry our inspections at regular intervals to ascertain that producer organisations comply with the terms and conditions for recognition: Provided that in the event of non-compliance, the Director may decide to withdraw recognition as a producer organisation. Recognition of new producer organisations. Amended by: L.N. 277 of 2016. 8. Producer organisations requesting recognition in respect of products listed in regulation 3

(1)shall submit a recognition application form which shall include at least the following: (

1. a)a description of the initial situation of the organisation, in particular as regards the number of producer members, giving full details of membership, production, marketing and infrastructure; (
2. b)the expected duration of the plan, which may not exceed five

(5)years; (c) the measures to be implemented in order to meet the objectives listed in regulation 3

(2)(

1. i)to (iv); (
2. d)duly filled in forms provided by the Director in terms of regulation 7(
3. b)and any other relevant documentation requested by the Director. Added by: L.N. 277 of 2016. Duties of Producer Organisations. Added by: L.N. 277 of 2016. PART III Maintaining and Monitoring Producer Organisations 9. Without prejudice to any other law or regulations, Producer Organisations shall: (
4. a)implement proposed actions stated in the operational programme; (
5. b)maintain and update their membership database; (
6. c)inform the Director of all meetings relative to their Rules of Association; (
7. d)collaborate with the Director or any officer authorised by him whenever inspections are carried out; (
8. e)provide the Director or any officer authorised by him with any data requested; (
9. f)submit by not later than the 31st December of any calendar year, an annual report relating to that calendar year which shall include: (
10. i)progress on the operational programmes implemented during that calendar year; (
11. ii)any changes to the operational programmes which were requested by the producer organisation and approved by the Director; (iii) variances between estimated aid and aid applied PRODUCER ORGANISATIONS (CERTAIN PRODUCTS) (
12. iv)(
13. v)[ S.L.447.02 5 for; summary of problems encountered in managing the programme and any measures taken to ensure the quality and effectiveness of programme implementation; in cases where environmental pressures have been exerted, a list of the effective safeguards which are in place in order to protect the environment from these pressures. Part IV The Operational Fund 10.

(1)The producer organisation shall set up an operational fund which shall be maintained by financial contributions paid by members based on the quantities or value of produce actually marketed. Re-numbered by: L.N. 277 of 2016. The operational fund. Re-numbered by: L.N. 277 of 2016.

(2)The producer organisation may be assisted by EU public funds, if eligible and available.

(3)Producer organisations and their members must keep up-todate suitable documentation of all activities connected with the cultivation, production and marketing of their products. Part V Suspension and Withdrawal of Recognition as a Producer Organisation 11.

(1)If the Director establishes that a producer organisation in terms of these regulations has failed to respect any one of the recognition criteria established by regulation 4 and, or has otherwise breached any of the provisions of these regulations, he shall serve a notice in writing on such producer organisation in accordance with sub-regulation

(2).

(2)A notice served upon a producer organisation in terms of sub-regulation

(1)shall: (

1. a)indicate the failure or breach identified; (
2. b)require the producer organisation upon whom it is served to take the necessary corrective measures as the Director may determine in order to remedy, or to prevent the continuation or repetition of, any failure or breach to which the notice relates; (
3. c)state the period within which any such requirement is to be complied with: Provided that such period shall not be longer than four months.

(3)Without prejudice to any other laws or regulations, a failure to take the necessary corrective measures indicated in the notice served in terms of sub-regulation

(1)within the stipulated time period shall lead to the suspension of recognition as a producer organisation by the Director, which suspension shall take effect from the date when the producer organisation is served with the Re-numbered and substituted by: L.N. 277 of

1. Suspension of recognition as a producer organisation. Re-numbered and substituted by: L.N. 277 of
2. 6 [ S.L.447.02 PRODUCER ORGANISATIONS (CERTAIN PRODUCTS) said notice.

(4)In case of suspension of recognition as a producer organisation in terms of sub-regulation

(3), the Director shall notify the producer organisation of such suspension and of the period of suspension.

(5)The Director shall inform authorities managing public funds which he deems fit of the suspension of recognition as a producer organisation.

(6)The entity whose recognition as a producer organisation has been suspended in terms of this regulation may apply in writing to the Director for reconsideration of the suspension within two days from when it is notified with notice of such suspension.

(7)If by the end of the period of suspension the producer organisation takes the necessary corrective measures to remedy the failure and, or breach mentioned in sub-regulation

(1), the Director shall lift the suspension.

(8)In case of lifting of the suspension, the Director shall inform the authorities mentioned in sub-regulation

(5)of the said lifting of the suspension. Withdrawal of recognition as a producer organisation. Re-numbered and substituted by: L.N. 277 of 2016. 12.

(1)Unless the producer organisation takes the necessary corrective measures indicated in the notice served on it by the Director in terms of regulation 11

(1)by the end of the period of suspension, its recognition as a producer organisation shall be withdrawn by the Director: Provided that the withdrawal of recognition shall take effect from the date on which the conditions for recognition were not fulfilled or, if it is not possible to identify that date, from the date when the failure to respect any one of the recognition criteria established by regulation 4, or by the date on which the breach of any of the provisions of these regulations was established.

(2)The Director shall inform authorities managing public funds which he deems fit in case of withdrawal of recognition as a producer organisation. Right of appeal Added by: L.N. 277 of 2016. Cap. 490. 13.

(1)An appeal shall lie to the Administrative Review Tribunal as established by article 5

(1)of the Administrative Justice Act from a decision of the Director to withdraw recognition as a producer organisation in terms of regulation 12.

(2)An appeal in terms of sub-regulation

(1)may be filed by the entity whose recognition as a producer organisation has been withdrawn and shall be filed within twenty days from notification of the decision of withdrawal. Cap. 12.

(3)Any party to an appeal to the Administrative Review Tribunal who feels aggrieved by a decision of the Administrative Review Tribunal, who feels dissatisfied with the decision of the Administrative Review Tribunal, may on a question of law appeal to the Court of Appeal as constituted in accordance with article 41

(9)of the Code of Organization and Civil Procedure by means of an application filed in the registry of that court, within twenty days PRODUCER ORGANISATIONS (CERTAIN PRODUCTS) [ S.L.447.02 from the date of the Administrative Review Tribunal’s decision. 7