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1This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
COUNCIL REGULATION (EEC) No 2262/84
of 17 July 1984
laying down special measures in respect of olive oil
(OJ No L 208, 3. 8. 1984, p. 11)
Amended by:
Official Journal
No page date
Council Regulation (EEC) No 3788/85 of 20 December 1985 L 367 1 31. 12. 1985
Council Regulation (EEC) No 3386/85 of 3 November 1986 L 310 17 5. 11. 1986Council Regulation (EEC) No 3462/87 of 17 November 1987 L 329 2 20. 11. 1987Council Regulation (EEC) No 3880/88 of 12 December 1988 L 346 12 15. 12. 1988Council Regulation (EEC) No 200/90 of 22 January 1990 L 22 6 27. 1. 1990Council Regulation (EEC) No 593/92 of 3 March 1992 L 64 1 10. 3. 1992
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ICOUNCIL REGULATION (EEC) No 2262/84
of 17 July 1984
laying down special measures in respect of olive oil
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the T reaty establishing the EuropeanEconomic Community, and in particular Article 43 thereof,
Having regard to the proposal from the Commission (
1),
Having regard to the opinion of the European Parlia-
ment (2),
Having regard to the opinion of the Economic and Social
Committee (3),
Whereas Article 5 of Council Regulation No 136/66/EEC
of 22 September 1966 on the establishment of a common
organization of the market in oils and fats (4), as last
amended by Regulation (EEC) No 2260/84 (5), introduced
a system of production aid for olive oil; whereas this aid inrespect of areas under olives at a certain date is granted to
growers who are members of the producer organizations
specified in Article 20c (1) of Regulation (EEC) No
136/66/EEC and whose average production is at least 100
kilograms of oil per marketing year and to other growers
on the basis of the number and production potential of
olive trees and of the yields of such trees, as determined
according to a standard method, and provided that the
olives produced have actually been harvested;
Whereas experience has shown that, despite the existence
of rules providing for numerous specific controls, there are
problems as regards ensuring timely and effective control;
whereas this could lead to an unwarranted financial burden
on the Community;
Whereas, in the present situation, special measures should
therefore be laid down to ensure that the production aid
scheme is applied correctly and in a uniform manner;
(1) OJ No C 249, 17. 9. 1983, p. 5.
(2) OJ No C 104, 16. 4. 1984, p. 92.
(3) OJ No C 23, 30. 1. 1984, p. 20.
(4) OJ No 172, 30. 9. 1966, p. 3025/66.
(5) OJ No L 208, 3. 8. 1984, p. 1.
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IIWhereas experience has shown administrative structures in
the producer Member States to be inadequate to imple-
ment the controls provided for in the Community rules;
whereas these Member States must therefore set up ad-
ministratively autonomous bodies to perform these tasks;
whereas, since the Member States are required to set up at
short notice special structures to perform tasks going be-
yond the controls to be undertaken by Member States
pursuant to Council Regulation (EEC) No 729/70 of 21
April 1970 on the financing of the common agricultural
policy (1), as last amended by Regulation (EEC) No
3509/80 (2), provision should be made for financial con-
tribution from the Community over a certain period;
Whereas there is a relationship between effective control
arrangements and the sanctions applicable in cases where a
breach of the regulations comes to light; whereas the pres-
ent arrangements concerning sanctions should be stiffenedand supplemented in order to produce a greater deterrent
effect, having regard to the specific characteristics of the
common organization of the market in olive oil; whereas,
accordingly, Member States should apply a system of sanc-
tions in cases where discrepancies in connection with the
production aid scheme come to light; whereas, in order to
ensure that the sanctions in question are applied properly
and in a uniform manner, certain specific cases should be
defined in which sanctions are applicable,
HAS ADOPTED THIS REGULATION :
(1) OJ No L 94, 28. 4. 1970, p. 13.
(2) OJ No L 367, 31. 12. 1980, p. 87.
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1Article 1
1. Each producer Member State shall, in accordance
with its legal structure, set up a specific agency for the
purpose of carrying out certain activities and checks in
connection with Community aid for olive oil, except for
export refunds.
However, Member States whose production is less than3000 tonnes over a reference period to be determined
shall not be required to set up an agency. In that case the
Member States concerned shall take all requisite measures
to ensure that the tasks of the agency mentioned in this
Article are carried out.
2. In order to ensure that Community rules in respectof olive oil are correctly applied, an agency as referred to
in paragraph 1 shall, in accordance with the work schedule
referred to in paragraph 4:
— check that the work of the producer organizations and
associations complies with Council Regulation (EEC)
No 2261/84 of 17 July 1984 laying down general rules
on the granting of aid for the production of olive oil
and of aid to olive oil producer organizations (
1);
— verify the accuracy of the data set out in the crop
declarations and aid applications, without prejudice to
the checks carried out by the Member State pursuant
to Article 14 of Regulation (EEC) No 2261/84;
— conduct checks of approved mills;
— carry out checks on the end-use of olive oil and olive-
residue oil and on the end-use of their by-products;
— monitor the approved packaging plants, in accordance
with Article 7 of Council Regulation (EEC) No
3089/78 of 19 December 1978 laying down general
rules in respect of aid for the consumption of olive
oil (2) and, where necessary, the professional bodies
recognized under Article 11(3) of Regulation No
136/66/EEC;
— collect, verify and process, at national level, the data
required for ascertaining the yields mentioned in Ar-
ticle 18 of Regulation (EEC) No 2261/84;
— carry out checks, if need be, on the origin of im-
ported olive oil and olive-residue oil.
(1) OJ No L 208, 3. 8. 1984, p. 3. Regulation last amended by
Regulation (EEC) No 3500/90 (OJ No L 338, 5. 12. 1990,p. 3).
(2) OJ No L 369, 29. 12. 1978, p. 12. Regulation last amended by
Regulation (EEC) No 3461/87 (OJ No L 329, 20. 11. 1987,p. 1).2262/84
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2On its own initiative or at the Commission’s request, the
Member State may instruct the agency, in accordance with
the work schedule referred to in paragraph 4, to:
— conduct statistical surveys into the production, proces-
sing and consumption of olive oil and olive-residue
oil;
— monitor the buying-in, storage and sale of olive oil by
the intervention agencies referred to in Articles 12
and 13 of Regulation No 136/66/EEC;
— monitor the storage operations carried out under Ar-
ticle 20 d (3) of Regulation No 136/66/EEC;
— monitor the firms manufacturing preserved products
in accordance with Article 8 of Council Regulation
No 591/79 of 26 March 1979 laying down general
rules concerning the production refund for olive oils
used in the manufacture of certain preserved
foods (1);
— conduct specific surveys in the olive oil sector.
3. The agency shall be given full administrative auton-
omy. It shall be given full powers by the Member State
concerned to carry out the tasks specified in paragraph 2.
Its staff shall consist of officials, the number and level of
training of whom shall be suited to the tasks referred to
above.
The Commission may take part in the discussions held bythe agency’s management. Its representative shall not vote.
4. Before the beginning of each marketing year, theMember State concerned shall, acting on a proposal from
the agency, draw up budget estimates and a work schedule
designed to ensure that the Community rules in respect
of
olive oil are is (SIC! are) correctly applied; the budget and
schedule shall be forwarded by the Member State to the
Commission. The Commission may request the Member
State, without prejudice to the responsibilities of the latter,
to make any change in the provisional budget or work
schedule which it considers appropriate.
Persons designated by the Commission may at any time
monitor any of the work carried out by the agency,
The agency shall submit to the Member State and the
Commission regular reports on the work which it has car-
ried out. Such reports shall mention any problems encoun-
tered and, where appropriate, suggestions as to how to im-
prove the checking arrangements.
(1) OJ No L 78, 30. 3. 1979, p. 2. Regulation last amended by
Regulation (EEC) No 2903/89 (OJ No L 280, 29. 9. 1989,p. 3).593/92
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3Member States shall act upon the agency’s findings as
promptly as possible.
They shall regularly communicate to the Commission de-
tails of the action taken and the sanctions applied as a
result of the agency’s findings on the basis of its checks.
The communication shall not affect the application of Ar-
ticle 3 of Council Regulation (EEC) No 595/91 of 4
March 1991 concerning irregularities and the recovery of
sums wrongly paid in connection with the financing on the
common agricultural policy and the organization of an in-
formation system in this field and repealing Regulation
(EEC) No 283/72 (1).
5. Over a period of five years from 1 November 1984,the following percentages of the agency’s actual expendi-
ture shall be chargeable to the general budget of the Euro-
pean Communities :
— in the case of Italy, 100 % for the first three years,
up to a maximum of Ecu 14 million, and 50 % for
the fourth and fifth years,
— in the case of Greece, 100 % up to a maximum of
Ecu 7 million.
Over a period of three years from 1 November 1989, 50 %
of the actual expenditure of the Italian and the Greek
agencies shall be chargeable to the general budget of the
European Communities.
In the case of Spain and Portugal, 100 % of the agency’s
actual expenditure during the period from 1 March 1986
to 31 October 1990 shall be covered by the general budget
of the European Communities up to a maximum of Ecu
9 300 000 for Spain and Ecu 4 700 000 for Portugal. Dur-
ing the period from 1 November 1990 to 31 October 1992,
50 % of the expenditure in question shall be covered by
the said budget.
Over a period of five years from 1 November 1992, 50 %of the agency’s actual expenditure shall be chargeable to
the general budget of the European Communities.
The Council, acting by a qualified majority on a proposal
from the Commission, shall adopt by 1 January 1997 the
method for financing the expenditure as from the 1997/98
marketing year.
Member States shall be entitled, under conditions to be
determined according to the procedure laid down in Ar-
ticle 38 of Regulation No 136/66/EEC, to meet part or all
of their financial burden by making deductions from the
Community aid granted in respect of olive oil.
(1) OJ No L 67, 14. 3. 1991, p. 11.593/92
3880/88
593/92
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46. The annual amount representing the actual expendi-
ture referred to in paragraph 5 shall be decided upon by
the Commission on the basis of the particulars provided by
the Member States concerned. The amount in question
shall be granted when the Commission is satisfied that the
agency has performed the work assigned to it.
In order to facilitate operation of the agency, the
amount in question may be paid in advance in the form of
instalments during the year in question, in accordance with
the agency’s annual budget, the latter being drawn up with
the agreement of the Member State and the Commission
before the end of October of each following year.
Article 2
Under Article 11a of Regulation No 136/66/EEC, producer
Member States shall take specific and appropriate
measures in order to penalize any breaches of the produc-
tion-aid arrangements, particularly where it has been noted
that:
(a) the figures which appear in the crop declaration re-
ferred to in Article 3 of Regulation (EEC) No
2261/84 do not c orrespond to the actual situation;
(b) the quantity of oil eligible for aid is less than that
applied for by growers who are entitled to aid
in relation to the quantity of olive oil actually pro-
duced;
(c) a producer organization or an association of such or-
ganizations has not fulfilled the obligations arising
under this Regulation;
(d) a mill has not fulfilled the obligations arising under
Regulation (EEC) No 2261/84.
Article 2a
Under Article 11a of Regulation No 136/66/EEC, Member
States shall take specific and appropriate measures to
apply sanctions in the event of any breaches of the con-
sumption aid arrangements, particularly where it is noted
that:
— an approved packaging plant has not fulfilled the ob-
ligations arising under Regulation (EEC) No 3089/78,
in particular in the cases provided for in Article 3;
— a recognized professional organization has not ful-
filled the obligations arising under the said Regula-
tion.
Member States, where they are concerned, shall take spe-
cific and appropriate measures to apply sanctions in the
event of any breaches of the arrangements set out in Ar-
ticles 12, 13, 20 a and 20 d of Regulation No 136/66/EEC.2262/84
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5Article 3
1. For the purpose of implementing the provisions of
Article 2, the Member States shall apply the following
measures at least:
(a) in the case referred to in Article 2 (a), where the in-
accurate crop declaration includes an increase in the
olive oil production potential in question which does
not correspond to the actual situation, the grower
concerned must pay an amount which is related to the
resulting increase in potential and is sufficiently dis-
suasive;
(b) in the case referred to in Article 2 (b), the Member
State concerned shall recover any amounts which may
have been paid in error in respect of the aid and the
grower concerned must pay an amount which is suffi-
ciently dissuasive and is related to the amount of the
aid applied for in respect of the quantity of oil notrecognized as eligible.
2. In the cases referred to in paragraph 1, and without
prejudice to Article 20c of Regulation No 136/66/EEC, if
the producer organization to which the grower belongs did
not in accordance with its obligations correctly check the
individual application for aid and the crop declaration, it
shall be jointly and severally liable for payment of the
amounts referred to in paragraph 1.
3. Where, in cases referred to in paragraph 1, the ir-
regularities recorded have minimal repercussions, the
Member States concerned need not require growers to pay
the amounts referred to in paragraph 1.
Article 4
1. Where a producer organization or an association of
such Organizations has failed to carry out the checks for
which it is responsible under Articles 6, 8 and 10 of Re-
gulation (EEC) No 2261/84, the Member State concerned
shall withdraw recognition for a period of between one
and five marketing years.
2. Without prejudice to Article 2, if a check at a mill
shows irregularities including a substantial difference be-
tween the quantities of olives pressed or oil produced and
the quantities shown in the stock records, or inadequacy in
the stock records, or in communication thereof, the
Member State concerned shall withdraw approval from the
mill in question for a period of between one and five
marketing years.
3. For the purpose of determining the period for which
recognition or approval is to be withdrawn, the competent
authority shall take into account both the gravity and the
duration of the infringement.2262/84
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64. Throughout the period covered by the withdrawal of
recognition or approval referred to in paragraphs 1 and 2,
no new recognition or approval may be granted by the
Member State concerned following an application intended
to circumvent the sanction imposed.
Should the withdrawal of a mill’s approval have serious
consequences for the pressing facilities in a given produc-
tion zone, it may be decided to allow the mill to operate
under special arrangements.
Article 5
Detailed rules for the application of this Regulation shall
be adopted in accordance with the procedure laid down in
Article 38 of Regulation No 136/66/EEC.
Article 6
Member States shall communicate to the Commission the
measures they have taken pursuant to this Regulation.
Article 7
This Regulation shall enter into force on the day of its
publication in the Official Journal of the European Commu-
nities.
It shall apply from 1 November 1984.2262/84