
Article 1 
Member States shall grant specific recognition, as provided in Article 5 of Regulation (EEC) No 404/93, to producers' organizations and associations thereof, hereinafter referred to as ‘producers' organizations’, whose economic activity concerns the production and marketing of fresh bananas and which comply with Article 5 of the aforesaid Regulation and the provisions of this Regulation.
Producers' organizations recognized pursuant to Regulation (EEC) No 1360/78 shall be granted specific recognition, as provided in the first paragraph, where the competent authorities find that the constituent instrument and rules of operation of such organizations comply with the provisions referred to in the first paragraph.
Article 2 

1. Producers' organizations shall submit the application for specific recognition to the respective competent authorities designed by the Member States, together with their constituent instrument and the information specified in Part A of Annex II.
2. The competent authorities shall check the accuracy of the information submitted, by examining documents and conducting on-the-spot inspections. In cases of doubt, they shall carry out any other checks to ensure that the conditions laid down in Article 1 are satisfied.
3. Specific recognition shall be granted within 90 days from receipt of the appliction, subject to any additional time required for supplementary investigations.
Article 3 

1. The minimum volume of marketable bananas and the minimum number of members which producers' organizations must have pursuant to Article 5 (1) (b) of Regulation (EEC) No 404/93 shall be as set out in Annex I.
2. For the purposes of paragraph 1, the production to be taken into account shall be the average banana production marketed by all the producers belonging to the organization applying for recognition during the three marketing years prior to such recognition.However, where a production area has shown a fall in production due to exceptional weather conditions during the period referred to in the first sub paragraph, the volume of production in one or more marketing years prior to the exceptional weather may be taken into consideration.
Article 4 
The necessary means placed at the disposal of members producers or held by the producers' organization in order to attain the objectives referred to in Article 5 of Regulation (EEC) No 404/93 shall include at least facilities for:

— sorting, sizing and market preparation, with a capacity appropriate to the volume of banana production delivered by members,
— the administration of technical and commercial activity,
— centralized bookkeeping.
Article 5 
For the admission of new members, the rules of association of producers' organizations shall include the following requirements:

((a)) new memberships msut take effect from the beginning of a marketing year only;
((b)) new members must be accepted on the basis of the organization's actual or foreseeable marketing capacity;
((c)) each member must undertake to belong to the producers' organisation for at least one year and must give written notice of any intention to resign by 31 May at the latest, to take effect on 1 January of the following year. The Member States may set a lengthier minimum period of membership; in that event they shall notify the Commission. The rules of association of producers' organisations may stipulate a lengthier period of notice before resignation becomes effective.
Notwithstanding the first subparagraph, in the case of producer organisations established in Spain, the notification of any intention to resign to be given in 2002 shall be given by 15 October at the latest;
((d)) each member must undertake to comply with all the obligations imposed by the producers' organization.
Article 6 

1. The rules laid down by banana producers'organizations pursuant to Article 5 (1) (d) of Regulation (EEC) No 404/93 shall provide at least the following:
(a) with a view to establishing production, for producers to lodge declarations of areas planted, estimated volume of harvest, and quantities actually harvested;
(b) as regards production, the definition, on the basis of the marketing strategy and outlets, of the varieties of bananas to be grown, converted or grubbed, the cultural techniques to be used and the timing of the harvest;
(c) as regards marketing, minimum criteria for quality, size, packaging, presentation and marking.
2. Producers' organizations shall avise and assist their members to ensure proper application of the rules they adopt. They shall penalize non-compliance in an appropriate fashion.
Article 7 

1. Not later than 1 March each year, and for the first time by 1 March 1995, producers' organizations shall communicate to the competent national authorities the information referred to in Annex II.Member States may, should they deem it necessary, adopt additional rules concerning the points in Part B of Annex II.
2. The competent authorities shall send to the Commission not later than 1 May each year, and for the first time by 1 May 1995, the list of recognized banana producers' organizations in their territory and the information specified in Part A of Annex II for each producers' organization.
3. The Commission may provide, in collaboration with the Member States concerned, for the electronic transmission of all or part of the information referred to in Annex II.
Article 8 
The competent authorities shall verify the conformity of the establishment and functioning of the producers' organizations and the accuracy of the information referred to in Article 5 of Regulation (EEC) No 404/93 and Article 7 of this Regulation. Each producers' organization shall undergo an on-the-spot inspection at least once every three years.
Article 9 
The competent authorities shall withdraw recognition were they find, as the case may be, that:

— the obligations imposed by the Community rules are not fulfilled,
— the information referred to in Article 5 of Regulation (EEC) No 404/93 and Article 7 of this Regulation has been intentionally withheld or falsified with fraudulent intent.
Article 10 
Assistance to encourage the establishment and assist the administrative operation of producer organisations as referred to in Article 6(1) of Regulation (EEC) No 404/93 shall not be granted to producer organisations which have received the aid provided for in Article 10 of Regulation (EEC) No 1360/78 or in Article 10 of Council Regulation (EC) No 952/97 and which comprise members who were formerly members of organisations having already benefited from that assistance.
Article 11 
This Regulation shall enter into force on the seventh day following its publication in the Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
ANNEX I

Region of production in the Community Minimum number of members Minimum volume of marketable production of bananas (in tonnes net weight)
Greece (Crete and Lakonia) 4 40
Spain (Canary Islands) 100 30 000
France: — —

— Guadeloupe
 100 30 000

— Martinique
 100 30 000
Cyprus 125 5 000
Portugal (Madeira, the Azores and Algarve) 5 10
ANNEX II





