Article 12 Marketing of the production outside the producer organisationF1

United Kingdom

Where the producer organisation so authorises in its statutes and where this is in compliance with the terms and conditions laid down by the F2Secretary of State and the producer organisation, the producer members may:

(a)

sell products directly or outside their holdings to consumers for their personal needs;

(b)

market by themselves or through another producer organisation designated by their own producer organisation, quantities of products which, in terms of volume or value, are marginal compared to the volume or value of marketable production of their organisation of the products concerned;

(c)

market by themselves or through another producer organisation designated by their own producer organisation, products which because of their characteristics or because of the limited production in volume or in value of the producer members, are normally not covered by the commercial activities of the producer organisation.

The percentage of the production that the producer members market outside the producer organisation, as referred to in paragraph 1 shall not exceed 25 % in volume or in value of the marketable production of each producer member.

However, F3nothing in this Regulation prevents the Secretary of State from setting a lower percentage of the production that the producer members may market outside the producer organisation than the one set out in the first subparagraph. F4Nothing in this Regulation prevents the Secretary of State from increasing that percentage up to 40 % in case of products covered by Council Regulation (EC) No 834/2007^f1 or where producer members market their production through another producer organisation designated by their own producer organisation.

Annotations

Textual amendments

F1: Substituted by Commission Delegated Regulation (EU) 2018/1145 of 7 June 2018 amending Delegated Regulation (EU) 2017/891 as regards producer organisations in the fruit and vegetables sector.
F2: Words in Art. 12(1) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products (Producer Organisations and Wine) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1446), regs. 1(3), 5(9)(a)
F3: Words in Art. 12(2) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products (Producer Organisations and Wine) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1446), regs. 1(3), 5(9)(b)(i)
F4: Words in Art. 12(2) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products (Producer Organisations and Wine) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1446), regs. 1(3), 5(9)(b)(ii)

Footnotes

f1: Council Regulation (EC) No 834/2007 of 28 June 2007 on organic production and labelling of organic products and repealing Regulation (EEC) No 2092/91 ( OJ L 189, 20.7.2007, p. 1 ).