L.S. 447.03 Regolamenti dwar l-Għaqdiet tal-Produtturi fil-Qasam ta’ l-Inbid Dawn ir-regolamenti ġew trasposti għall-Kap. 639 - ara L.S. 639.08

(1)requires: Interpretation. Substituted by: L.N. 276 of 2016. In these regulations, unless the context otherwise "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.

(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 Organisation Act. Cap. 447. Part II Establishment and recognition of producer organisations in the Wine Sector 3. 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 satisfies the following conditions: (

1. a)it is constituted by producers of products covered by Council Regulation (EC) 1493 of 1999 and subsequent modifications; (
2. b)it is formed on the initiative of producers; (
3. c)it pursues a specific aim, which may in particular relate to one or more of the following: (
4. i)adapting production jointly to the requirements of the market and improving the product; (
5. ii)promoting concentration of supply and the placing on the market of the products produced by its members; (iii) promoting the rationalisation and improvement *These Regulations have been transposed to Cap 639, see S.L. 639.08. - See Act XXXIII of 2023. Characteristics of producer organizations. Amended by: L.N. 276 of 2016. 2 [ S.L.447.03 WINE SECTOR PRODUCER ORGANISATIONS (
6. iv)(
7. v)(
8. vi)(vii) of production and processing; reducing production costs and market management costs and stabilizing producer prices; promoting and providing technical assistance for the use of environmentally respectful cultivation practices and production techniques; promoting initiatives for the management of byproducts of wine making and the management of waste in particular to protect the quality of water, soil and landscape and preserving or encouraging biodiversity; carrying out research into sustainable production methods and market developments; (
9. d)it applies rules of association which shall be in conformity with regulation 5 and which require its members, in particular, to: (
10. i)apply the rules adopted by the producer organisation relating to production reporting, production, marketing and protection of the environment; (
11. ii)provide the information requested by the producer organisation for statistical purposes, in particular on growing areas and market evolution; (iii) pay penalties for infringement of obligations under the rules of association; (
12. e)it has lodged an application for recognition as a producer organisation under these regulations and the application contains the following items: (
13. i)evidence that the entity meets the requirements laid down in paragraphs (
14. a)to (d); (
15. ii)evidence that it has a minimum of fifty members; (iii) evidence that it covers a minimum volume of marketable production in the area where the organisation operates and which shall not be less than 200 tonnes of wine grapes; (
16. iv)evidence that it can carry out its activities properly, both over time and in terms of effectiveness and concentration of supply; (
17. v)evidence that it effectively enables its members to obtain technical assistance in using environmentally sound cultivation practices. Recognition of producer organisations. Amended by: L.N. 276 of 2016. 4. The Director shall recognise as producer organisations for the purposes of these regulations any legal entity applying for such recognition, on condition that: (
18. a)they are a group of farmers registered as a cooperative or other recognised legal entity prior to applying for [ S.L.447.03 WINE SECTOR PRODUCER ORGANISATIONS 3 recognition as a producer organisation; (
19. b)they meet all the requirements laid down in regulation 3; (
20. c)with regard to the categories of products referred to in regulation 3(
21. a)they indicate any specific product they will be producing; (
22. d)they effectively provide their members, where necessary, with the technical means for storing, packaging and marketing their produce and ensure proper commercial and budgetary management of their activities; (
23. e)they submit all the relevant documentation requested by the Director including the duly filled in forms provided by the Director in terms of regulation 7(b). 5. The Rules of Association of applicant organisations shall provide for: Rules of Association. (
24. a)procedures for determining, adopting and amending the said rules of association; (
25. b)public scrutiny by members organisation and its decisions; of the producer (
26. c)the payment by members of the financial contributions provided for in their Rules of Association; (
27. d)the provision by members of the information requested by the producer organisation for statistical purposes, in particular on growing areas, cultivation details, yield and direct sales; (
28. e)the imposition of penalties for infringement by members of the obligations arising from the Rules of Association or of other rules laid down by the producer organisation; (
29. f)the admission of new members, particularly concerning a minimum membership period; (
30. 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 two years. Membership requirements.

(2)Resignation of membership shall be notified to the producer organisation and such resignation will become effective six 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 be followed mandatorily by applicants applying for Powers of the Director. Substituted by: L.N. 276 of 2016. 4 [ S.L.447.03 WINE SECTOR PRODUCER ORGANISATIONS 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. Added by: L.N. 276 of 2016. Duties of Producer Organisations. Added by: L.N. 276 of 2016. PART III Maintaining and Monitoring Producer Organisations 8. 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 for; (
12. iv)summary of problems encountered in managing the programme and any measures taken to ensure the quality and effectiveness of programme implementation; (
13. v)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. Re-numbered and substituted by: L.N. 276 of 2016. Suspension of recognition as a producer organisation. Re-numbered and substituted by: L.N. 276 of 2016. Part IV Suspension and Withdrawal of Recognition as a Producer Organisation 9.

(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 WINE SECTOR PRODUCER ORGANISATIONS [ S.L.447.03 5 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 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: Provided that the period of suspension shall not exceed twelve months.

(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. 10.

(1)Unless the producer organisation takes the necessary corrective measures indicated in the notice served on it by the Director in terms of regulation 9

(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 Withdrawal of recognition as a producer organisation. Added by: L.N. 276 of 2016. 6 [ S.L.447.03 WINE SECTOR PRODUCER ORGANISATIONS 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. 276 of 2016. Cap. 490 11.

(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 10.

(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 from the date of the Administrative Review Tribunal’s decision.