No L 215/80 Official Journal of the European Communities 30.7.92 COUNCIL REGULATION (EEC) No 2077/92 of 30 June 1992 concerning inter-branch organizations and agreements in the tobacco sector THE COUNCIL OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, and in particular Articles 42 and 43 thereof, Having regard to the proposal from the Commission (1), Having regard to the opinion of the European Parliament (2), Having regard to the opinion of the Economic and Social Committee (3), ‘ Whereas the medium and long-term prospects for the Community and world agricultural markets require certain instruments of the common agricultural policy to be revised in order to restore market balance; whereas such adjustments, directed principally at increasing the flexibility of the market-support instruments, require the operators concerned to change their economic behaviour to take better account of the actual market situation; Whereas inter-branch organizations established by individuals or groups, and representing a significant proportion of the various categories involved in production, processing and marketing in the tobacco sector are likely to contribute to better account being taken of the market situation and encourage changes in economic behaviour intended to improve knowledge and organization of production, processing and marketing; whereas some of their activities may contribute to improving market balance and so help achieve the objectives in Article 39 of the Treaty; whereas the measures which may constitute such a contribution by the inter-branch- organizations should be defined; Whereas in view of the above, it appears appropriate to grant specific recognition to bodies which can demonstrate their proven representativeness at regional, inter-regional or Community level and which take positive action in pursuit of the objectives mentioned above; whereas such recognition should be granted by the Member State or by the Commission depending on the scope of the activities of the trade association; Whereas to support certain activities of inter-branch organizations which are of particular interest in the light of the current rules concerning the market organization for the tobacco sector, provision should be made for the rules (1) O] No C 295, 14. 11. 1991, p. 5. (2) O] No C 94, 13. 4. 1992. (*) O] No C 98, 21. 4. 1992, p. 31. adopted by an inter-branch organization for its members to be extended, subject to certain conditions, to all non-member producers and groups in one or more regions; whereas non-members should also be made liable to pay all or part of the subscriptions intended to cover the non-administrative costs incurred in pursuing such activities; whereas this procedure should be implemented in a way which guarantees the rights of the socio-economic groups concerned, in particular the rights of the consumer; Whereas other activities of the recognized inter-branch organizations may be of general economic or technical interest for the tobacco sector and so be of benefit to all persons active in the branches in question, whether or not they are members of the organization; whereas in such cases it appears reasonable to make non-members liable to pay the subscriptions intended to cover the costs, other than administrative costs, arising directly from performance of the activities in question; Whereas, in order to ensure correct operation of the scheme, there should be close cooperation between the Member States and the Commission, which should also have permanent monitoring powers, particularly as regards recognition of inter-branch organizations operating at regional or inter-regional level and the agreements and concerted practices adopted by such organizations; Whereas there should be provision for publication, at the beginning of each year, of a list of the organizations recognized during the previous year, a list of the organizations whose recognition has been withdrawn during the same period and the rules which have been extended with an indication of their scope, for the information of the Member States and other interested parties, HAS ADOPTED THIS REGULATION: Article 1 This Regulation lays down the conditions for the recognition and activity of inter-branch organizations operating in the sector covered by the market organization for tobacco. Article 2 Inter-branch organizations which: 1. comprise representatives of the economic activities relating to production of, processing of and trade in tobacco;