1998R2366 — EN — 01.11.2002 — 006.002 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B COMMISSIONREGULATION(EC)No2366/98
of30October1998
layingdowndetailedrulesfortheapplicationofthesystemofproductionaidforoliveoilforthe
►M3 1998/1999,1999/2000,2000/01,2001/02,2002/03and2003/04marketingyears ◄
(OJ L 293, 31.10.1998, p. 50)
Amended by:
Official Journal
No page date
►M1Commission Regulation (EC) No 1273/1999 of 17 June 1999 L 151 12 18.6.1999
►M2Commission Regulation (EC) No 648/2001 of 30 March 2001 L 91 45 31.3.2001
►M3Commission Regulation (EC) No 2070/2001 of 23 October 2001 L 280 3 24.10.2001
►M4Commission Regulation (EC) No 1249/2002 of 11 July 2002 L 183 5 12.7.2002
►M5 amended by Commission Regulation (EC) No 1794/2002 of 9 October
2002L 272 13 10.10.2002
Corrected by:
►C1Corrigendum, OJ L 145, 10.6.1999, p. 39 (2366/98)
▼B
COMMISSIONREGULATION(EC)No2366/98
of30October 1998
laying down detailed rules for the application of the system of
production aid for olive oil for the ►M3 1998/1999, 1999/2000,
2000/01,2001/02,2002/03and2003/04marketingyears ◄
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation No 136/66/EEC of 22 September
1966 on the establishment of a common organisation of the market inoilsand fats (
1), aslas t amended by Regulation (EC) No 1638/98(2),
and in particular Article 5 thereof,
Having regard to Council Regulation (EC) No 1638/98 of 20 July 1998
amending Regulation No 136/66/EEC on the establishment of acommon organisation of the market in oils and fats, and in particular
Articles2(4) and 4 thereof,
Having regard to Council Regulation (EEC) No 2261/84 of 17 July
1984 laying down general ruleson the granting of aid for the produc-
tion of olive oil and of aid to olive oil producer organisations(
3), aslas t
amended by Regulation (EC) No 1639/98(4), and in particular Article
19 thereof,
WhereasArticle 3 of Regulation (EEC) No 2261/84 providesfor the
lodging of a crop declaration; whereascertain conceptss uch asthat of‘olive tree in production’ should be precisely defined, and the contentand schedule of producers' notifications should be laid down, to ensure
up-to-date knowledge of the oil-producing sector and to improve such
knowledge before the start of the 2001/02 production year, when it isplanned to introduce a reform;
Whereas to avoid seriously endangering market equilibrium, Article 4
of Regulation (EC) No 1638/98 providesthat no aid under any s chemein force from 1 November 2001 may be paid in respect of olive treesplanted after 1 May 1998 except in connection with the conversion ofan old olive plantation or with a programme approved by the Commis-
sion; whereas the concept of ‘additional olive trees’ and ‘new
plantings’ must therefore be defined, as must the relevant arrangementsfor declaration, identification and approval; whereasprogrammesforadditional plantings should specify the number of dead or burnt olivetreesthat can be replaced without leading to an increas e in overall
production;
Whereas pending in-depth examination of the methods at present used
by the Member States, it is necessary to prolong application into the
1998/99 crop year of the provisions of Commission Regulation (EEC)
No 3061/84 laying down detailed rulesfor the application of thesystem of production aid for olive oil(
5), last amended by Regulation
(EC) No 2455/97(6);
Whereasfor the purpos esof approval, Article 13(1) of Regulation
(EEC) No 2261/84 requiresmill-ownersto comply with certain condi-tions; whereas the conditions for approval introduced should be such asto ensure effective control arrangements; whereas mills should be
equipped for automatic weighing of batchesof olivesentering the
mill; whereasthe information recorded s hould include particularsofthe destination of oil leaving the mill;
Whereasin accordance with Article 14 of Regulation (EEC) No 2261/
84, each producer Member State must apply a system of checks to1998R2366 — EN — 01.11.2002 — 006.002 — 2
(1) OJ 172, 30. 9. 1966, p. 3025/66.
(2) OJ L 210, 28. 7. 1998, p. 32.
(3) OJ L 208, 3. 8. 1984, p. 3.
(4) OJ L 210, 28. 7. 1998, p. 38.
(5) OJ L 288, 1. 11. 1984, p. 52.
(6) OJ L 340, 11. 12. 1997, p. 26.
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ensure that the product in respect of which aid is granted is eligible for
such aid; whereas consequently aid applications must include the parti-culars required for such a system to be applied; whereas to that end,
certain obligationss hould be laid upon olive-growersand upon
producer organisations and associations thereof;
Whereas olive-growers can have their olives pressed in a Member State
other than the Member State of production; whereaswith a view to thecorrect application of the aid scheme, provision should be made foradministrative collaboration between the Member State where the oil
isobtained and the Member State of origin of the olives ;
Whereasthe factorsto be taken into cons ideration to determine the
quantity eligible for aid should be defined; whereas rules should belaid down for determining the quantity eligible for aid in cases wherethe quantity for which aid isreques ted and/or the number of treesindi-cated in the crop declaration cannot be checked or cannot be acceptedwhen checksare carried out;
Whereas pending in-depth examination of the scheme at present in
force, it is necessary to prolong application of the provisions of
Commission Regulation (EEC) No 3061/84 concerning recognition ofproducers' organisations and associations thereof, and the arrangementsfor financing them on the basis of aid withheld in accordance withArticle 20d of Regulation No 136/66/EEC;
WhereasArticle 2 of Regulation (EC) No 1638/98 providesthat, during
the 1998/99 to 2000/01 marketing years, work on the olive cultivation
register provided for in Commission Regulation (EEC) No 2276/79 of16 October 1979 laying down detailed rulesfor the drawing-up of aregister of olive cultivation in the Member States producing oliveoil(
1), last amended by Regulation (EEC) No 1279/89(2), should focus
on the creation, updating and utilisation of a geographic information
system (GIS); whereas consequently, with a view to ensuring compat-
ibility with the databases of the integrated administration and controlsystem provided for in Council Regulation (EEC) 3508/92 of 27November 1992 establishing an integrated administration and controlsystem for certain Community aid schemes(
3), last amended by Regu-
lation (EC) No 820/97(4) and in Regulation (EEC) No 3887/92 of 23
December 1992 laying down detailed rulesfor applying the integratedadministration and control system for certain Community aidschemes(
5), last amended by Commission Regulation (EC) No 1678/
98(6), the information to be included in the oil cultivation GIS should
be specified along with centralisation methods, arrangements, criteria
and technical tolerances; whereas with a view to Community financing
it is necessary to determine in what conditions the oil cultivation GISof a Member State or region shall be deemed to have been completed;
Whereasthe oil cultivation GIS mus t enable information in crop
declarations to be verified; whereas it is necessary to provide for aprocedure for the examination of discrepancies between those declara-
tions and the estimates of the oil cultivation GIS; whereas in cases
where the discrepancy cannot be resolved, the consequences for thequantity of olive oil eligible for aid must be determined;
Whereas, in case the GIS has not been completed, provision should be
made for a minimum number of on-the-spot checks of crop declara-tions; whereas, for the 1998/99 marketing year, the oil cultivation GISmust be set up in all the Member States and whereas efforts should
therefore concentrate on that task;
Whereas arrangements must be laid down for on-the-spot controls,
specifying in particular the number of declarations that should bechecked on the spot in areas where the oil cultivation GIS has not1998R2366 — EN — 01.11.2002 — 006.002 — 3
(1) OJ L 262, 18. 10. 1979, p. 11.
(2) OJ L 127, 11. 5. 1989, p. 24.
(3) OJ L 355, 5. 12. 1992, p. 1.
(4) OJ L 117, 7. 5. 1997, p. 1.
(5) OJ L 391, 31. 12. 1992, p. 36.
(6) OJ L 212, 30. 7. 1998, p. 23.
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been completed; whereas, to check consistency between information in
applications for aid and information in the stock records of mills, in-depth controls of a representative proportion of mills should be orga-
nised, with penalties for consignees of oil who refuse to be inspected
or are unable to prove that they have taken delivery of the oil;
Whereas the measures provided for in this Regulation should be taken
into account in the work schedule of control agencies provided for inCommission Regulation (EEC) No 27/85 of 4 January 1985 layingdown detailed rulesfor the application of Regulation (EEC) No 2262/84 laying down special measures in respect of olive oil(
1), last
amended by Regulation (EEC) No in 3602/92(2);
Whereasthe meas uresprovided for in thisRegulation are in accor-
dance with the opinion of the Management Committee for Oilsand
Fats,
HAS ADOPTED THIS REGULATION:
CHAPTER 1
Cropdeclarations
Article 1
1. For the purposes of granting aid for the production of olive oil as
provided for in Article 5 of Regulation 136/66/EEC, before 1December of each marketing year olive growerss hall lodge crop
declarationscovering their olive treesin production and detailsof the
olive grovesthey manage asat 1 November of the marketing year towhich the declarationscorres pond.
2. For the purposes of this Regulation:
(a) ‘olive tree in production’ meansa living olive tree of a s pecies
classed as domestic, permanently established, irrespective of ageor condition, possibly possessing several trunks separated fromone another at the base by less than two metres;
(b) ‘olive-growing parcel’ means:
— a parcel of olive-treesasdefined by the Member State
concerned, or, if no such definition exists,
— a continuoustract of land covered, over an area greater than
that referred to in the second indent of Article 24(1), by olive
treesin production each of which isles sthan 20 metresfrom
another olive tree;
(c) ‘scattered olive trees’ means olive trees in production which do not
fulfil the conditions necessary to constitute a group of trees on anolive-growing parcel;
(d) ‘area under olive trees’ means the area of an olive-growing parcel,
or, for each scattered olive tree, an area of 1 are;
(e) ‘farmer’ and ‘holding’ mean the conceptsasdefined for the inte-
grated system provided for in Article 1(4) of Council Regulation(EEC) No 3508/92.
3. Crop declarationss hall be lodged with the competent agency of
the Member State or, where applicable, the producer organisation ofwhich the olive grower concerned isa member.
Article 2
From the 1998/99 marketing year, crop declarationss hall include at
least:
(a) the surname, forenames and address of the olive grower;
(b) the location or locationsof the holding;1998R2366 — EN — 01.11.2002 — 006.002 — 4
(1) OJ L 4, 5. 1. 1985, p. 5.
(2) OJ L 366, 15. 12. 1992, p. 31.
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(c) the total number of olive-treesin production, including s cattered
olive trees;
(d) the land register references of the olive-growing parcels of the
holding or, where no land register is kept, a full description of the
holding and of the olive-growing parcels;
(e) for each olive-growing parcel: the number of olive treesin produc-
tion, the principal variety, and details of any irrigation or associatedcropspres ent.
Article 3
1. Where a crop declaration hasalready been lodged with the
competent body, the crop declaration for the current crop year shallsimply indicate the references to the previous declaration and anychangeswhich have occurred s ince then. For the 1998/99 and 1999/2000 marketing years, any changes shall be taken into account havingregard to the definitionsin force and the information required for crop
declarationsunder Regulation (EEC) No 3061/84 for 1997/98.
If there isno change in the information in ques tion, the crop declara-
tions shall be lodged at the same time as the aid applications and shall
simply state that there is no change as compared with the previous
declaration.
2. Declarationsmade under Regulation (EEC) No 3061/84 s hall be
replaced by a full crop declaration in accordance with Articles1 and2►
M1not later than ◄in the course of the 1999/2000 and 2000/01
marketing years.
Article 4
1. To constitute a basis for the payment of aid to olive growers
under the common organisation of the market in oils and fats in force
from 1 November 2001, additional olive treesplanted after 1 May 1998must be identified geographically and included in a national or regionalprogramme approved by the Commission under the procedure laiddown in Article 38 of Regulation No 136/66/EEC.
Olive treess hall be deemed to be identified geographically where they
appear in the graphical reference database provided for in Article 24 or,failing this, where the competent agency of the Member State has
cartographical information allowing the treesto be located.
2. For the purposes of Article 4 of Regulation (EC) No 1638/98,
‘additional olive tree’ meansan olive tree planted after 1 May 1998,
other than one replacing an olive tree grubbed after 1 May 1998:
— in the geographical area covered by a conversion programme, or
— if grubbing and replacementsare recorded individually, on the
holding of the olive grower in question.
The grubbed olive tree referred to in the preceding subparagraph must
not be one that hasalready been recorded ashaving been replaced byanother tree; and must be one which, before grubbing, was an olive
tree in production identified geographically.
3. Programmescovering additional olive treess ubmitted to the
Commission for approval must contain the following information in
particular:
(a) the total number of olive treesin production and the corres ponding
areasin the geographical zone concerned at the date of pres entation
of the programme,
(b) the number of olive treesplanted and grubbed, asprovided for in
the programme, and the corresponding areas,
(c) where applicable, the number of dead or burnt olive treesto be
replaced, with a description of the circumstances,
(d) the geographical locationsof the olive treesgrubbed, dead or burnt.1998R2366 — EN — 01.11.2002 — 006.002 — 5
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Article 5
1. New planting from 1 November 1995 to 31 October 1998 shall be
covered by a declaration before 1 April 1999 including the informationreferred to in Article 2 or, where applicable, referencesto an earlierdeclaration containing the same information. The declaration of newplanting shall be accompanied by documents proving to the satisfactionof the Member State either that:
— all or some of the trees were planted prior to 1 May 1998; or that:
— planting wascarried out after 1 May 1998 and before 1 November
1998, and wasaccompanied by grubbing in that period of a number(to be specified) of olive trees in production.
Proof may take the form of sales invoices from nurseries, delivery
documentsfor young plantsor any other documentsrecognis ed by the
Member State.
2. From 1 November 1998, the olive growersconcerned s hall lodge
prior declarationsof intention to plant, indicating the number and loca-
tion of the olive treesin ques tion and, where applicable, the number
and location of olive treesto be grubbed, or which have been grubbedand not replaced after 1 May 1998.
No later than the end of the second month following that in which the
declarations as referred to in the first subparagraph are lodged, the
Member Statess hall inform the growersconcerned whether:
— the planned planting involvesthe replacing of grubbed treesand
cannot therefore be deemed to involve additional olive treeswithinthe meaning of Article 4(2),
— the planned planting involvesadditional olive treescovered by a
programme approved under Article 4 of Regulation (EC) No 1638/98 and therefore qualifiesfor aid after 31 October 2001,
— the planned planting involvesadditional olive treesnot cons tituting
a basis for the payment of aid after 31 October 2001.
3. In the context of crop declarationsasreferred to in Article 2, any
olive trees planted must be specified, along with:
(a) a reference to the prior declaration referred to in paragraph 2, and
(b) as, appropriate:
— an indication of the number of olive treesin production that
have been grubbed and which the new treesreplace, or
— a reference to the programme approved by the Commission
under which the planting in question is being carried out.
4. Before 31 October 2001, the Member Statess hall notify the
Commission of the measures taken to monitor the application of theabove paragraphs 2 and 3 and to penalise offenders, and of the numberof olive treesfrom the 1998/99 and 1999/2000 marketing yearsregarding which, in accordance with paragraph 2:
— a declaration of intention to plant waslodged,
— the Member State considers that they are replacement plantings of
grubbed trees,
— the Member State considers that they are plantings under an
approved programme, in accordance with Article 4,
— the Member State considers that they are additional plantings not
eligible for aid after 31 October 2001.1998R2366 — EN — 01.11.2002 — 006.002 — 6
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CHAPTER 2
Yields
Article 6
1. For the purposes of fixing the olive yields and oil yields referred
to in Article 18 of Regulation (EEC) No 2261/84, not later than 31May of the marketing year in question, producer Member States shallprovide the Commission with:
(a) for each of the homogeneouszonesreferred to in paragraph 3, in
accordance with the method indicated in that paragraph for thedata in question:
— the average olive yield in kilogramsper olive tree harves ted for
olivesfor oil,
— elements that allow an assessment of the breakdown of the
sample monitored for the purposes of estimating olive yields
by regional area,
— an estimate of the number of olive trees in production,
— an estimate of the area under olives,
— the average yield of virgin olive oil per kilogram of olives;
(b) for each of the regional areasreferred to in paragraph 2, in accor-
dance with the method indicated in that paragraph for the data in
question:
— the average olive yield in kilogramsper olive tree harves ted for
olivesfor oil, and the accuracy of the es timate,
— the average percentage of treesharves ted for olivesfor oil as
against the total trees declared, and the accuracy of the esti-mate,
— the average yield of all virgin olive oilsper kilogram of olives
and the average percentagesof lampante virgin olive oil,ordinary virgin olive oil, virgin olive oil and extra virgin oliveoil established in accordance with paragraph 4;
(c) for each of the Member Statesconcerned, an evaluation bas ed on
the results referred to in points (a) and (b) of:
— the olive and olive oil yieldsper tree harves ted,
— the percentage and number of treesharves ted,
— the percentage and production of lampante virgin olive oil,
ordinary virgin olive oil, virgin olive oil and extra virgin oliveoil.
2. The regional areasare s et out in the Annex.Without prejudice to Article 28, a sample of 100 holdings shall be
monitored in each regional area in order to check the crop declarationsand to record:
— the total number of olive treesharves ted for olivesfor oil,
— the quantitiesof olivesdelivered to mills .
The data shall be be recorded on the spot at an appropriate time. Where
a holding carries out several deliveries, at least one of those deliveriesshall be subject to an on-the-spot check. A system for the qualitycontrol of data shall be introduced. Unreliable data shall be excluded
from calculations.
The sample of holdings to be monitored shall be selected at random
from all agricultural holdingsthat have lodged an aid application in
one of the two marketing yearspreceding that for which the yieldsare to be estimated. The holdings shall be stratified by:
— homogenouszone asreferred to in paragraph 3,
— size,
— possibly other criteria judged necessary by the Member State.1998R2366 — EN — 01.11.2002 — 006.002 — 7
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Preparation and drawing of the samples at national level shall take
place in the presence of experts from several national bodies and,where appropriate, from the Commission.
For the purposes of granting aid, olive growers shall be obliged to
collaborate in assessing yields where required.
3. The homogenouszoness hall be determined by the Member States
taking account in particular of:
— the geographical location and the agronomic characteristics of the
terrain,
— the predominant varietiesand the age of olive treesand the mos t
common type of shape pruning,
— the need for a limited number of zonesthat remain cons tant over
time and do not go beyond the boundariesof a regional area.
The Member States shall notify the Commission before 1 January of
the marketing year concerned of the list and description of the homo-genous zones laid down or of any amendments, duly justified, to the
list previously laid down.
Within each homogeneous zone, the Member States shall establish a
sampling plan and a method allowing experts to estimate the averageolive yield per olive tree harvested for olives for oil.
Where the aggregated average yieldses timated by expertsfor the
homogenouszonesdo not coincide at the regional-area level with theconfidence interval for the average yield based on the monitoring ofthe holdings provided for in paragraph 2, the experts' estimates shallbe adjusted accordingly.
4. The average yield of all virgin olive oilsper kilogram of olives
and the percentagesof the variouscategoriesof virgin olive oil s hallbe established on the basis of the results provided for the marketingyear concerned by the approved millss ubject to in-depth checksunderthe first subparagraph of Article 30(1).
The results for each regional area shall be calculated on the basis of the
aggregate data for the millschecked, taking account of the quantitiesofolives processed by those mills in the area in question.
5. The Member States shall notify the Commission before 1 January
of the marketing year concerned, on the basis of experts' estimates and
information relating to previous marketing years, of an initial estimate
of the olive and olive oil yieldswithin each regional area.
CHAPTER 3
Approvedmills
Article 7
From the 1998/99 marketing year, for the purposes of granting
approval to mills:
(a) the information referred to in Article 13(1)(a) of Regulation (EEC)
No 2261/84 must include the following:
— oil storage capacity,
— actual pressing capacity per eight-hour working day,— a description of the technical equipment installed or operating
at the mill, with detailsof the type, make, model and hourly
capacity of each unit;
(b) among the meansof ins pection for millswhich have produced
more than 20 tonnesof oil in the previousmarketing year, the
facilities must include an automatic system for weighing olives
and recording the weightsand an electricity meter s pecifically forthe pressing equipment.
However, from the 1999/2000 marketing year, point (b) shall apply to
millswith a capacity, asreferred to in the s econd indent of (a), greater1998R2366 — EN — 01.11.2002 — 006.002 — 8
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than 2 tonnes of oil per eight-hour working day. That provision shall
apply to other millsfrom the 2000/01 marketing year.
In addition, ass oon asthe information concerned isavailable, mills
must issue olive growers with certificates as provided for in Article12(1) and must comply with the inspection conditions laid down by
the Member State.
Article 8
Under the inspection arrangements provided for in Article 14 of Regu-
lation (EEC) No 2261/84, the Member States shall make provision:
(a) in particular by analysis of samples, for verifying that the oil
matchesthe des criptionsand definitionsin point 1 of the Annexto Regulation No 136/66/EEC and that it isnot contaminated by
undesirable substances, in particular solvents;
(b) from the 1998/99 marketing year:
— for stock records linked to the financial accounts to be kept,
containing at least the information specified in Article 9(1)and, where applicable, referencesto analys escarried out,
— for monthly statements of this information to be sent ►
M1not
later than the 10th day ◄of the month following the month
concerned ►M2to the agency responsible for checks or, in
the absence of such an agency, to the competent agency ◄;
however, for millsthat have produced les sthan 20 tonnesofoil in the previous marketing year, the monthly statement shall
include only the quantitative information indicated in Article
9(1)(b), (c), (d) and (f),
— for checking of the method of disposing of waste water;
(c) from the 1999/2000 marketing year, for supplies of olive oil to
meet one of the following requirements:
—►
C1either, where the quantity sold is less than 50 litres ◄or
where no sale has taken place, that it has been supplied against
issue of a receipt showing at least the quantity concerned, andthe references and signature of the consignee;
— or, where the oil has been sold, that it has been supplied in
reusable immediate packings of a maximum capacity of 200
litres, fitted with a sealing device that cannot be resealed andbearing a serial number, the approval number of the mill andthe marketing year; or
— or where the oil has been sold, that it has been supplied against
the issue of an invoice and a bank record of the payment;
(d) for a system of additional checks which involves in particular
transmitting daily information on the quantities of olives pressed,the quantities of oil and olive residue obtained, the stocks of oilpresent and the amount of electricity consumed. Without prejudiceto the monthly statement, that information shall be transmitted onthe next working day to the inspection agency or, in the absence
of such an agency, the competent agency.
Article 9
1. Stock recordsasprovided for in Article 8(b) s hall include, in
respect of each day:
(a) the quantitiesof olivesentering the mill batch by batch, with the
name of the producer or the owner of each batch;
(b) the quantities of olives pressed;
(c) the quantitiesof oil obtained;1998R2366 — EN — 01.11.2002 — 006.002 — 9
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(d) the quantitiesof oil purchas ed or obtained from 1 December 1998,
indicating the consignor; quantities relating to November 1998shall be indicated as an aggregate;
(e) the quantitiesof olive res iduesobtained, determined by weighing
or on a flat-rate basis;
(f) the quantitiesof oil leaving the mill batch by batch, with the name
of the consignee and an indication whether the consignee is aproducer covered by the first indent of paragraph (c) of Article 8;
(g) the quantitiesof olive res idue leaving the mill:
— batch by batch, with the name of the consignee in the case of
sale to an extraction establishment,
— determined on a flat-rate basis, with the name of the consignee
in other cases,
— weighed batch by batch, where the mill hasa weighbridge.
2. At the request of the authorities responsible for checking the
stock records, the mill shall present:
(a) from 1 July and from the 1998/99 marketing year, the quantity of
olive oil ►
M1obtained ◄since the beginning of the marketing
year, broken down by batch of olivesentering the mill and byproducer concerned;
(b) from the 1999/2000 or 2000/01 marketing year in accordance with
the second paragraph of Article 7, automatically recorded weights
of batchesof olivesentering the mill;
(c) from the 1999/2000 marketing year, a register of quantities
supplied, broken down in accordance with the three indents ofArticle 8(c), indicating the referencesof the cons ignee of the oil;
(d) where the oil and/or olive residue obtained is sold, the sales invoice
for each batch and, from the 1999/2000 marketing year, the bankstatements showing payment for the oil.
3. Quantitiesof olive res idue asreferred to in paragraph 1 may be
determined on a flatrate basis by multiplying the quantity of olivespressed by a coefficient shown in the technical specifications of the
mill or, failing this, the following indicative coefficients:
— 0,35 for millswith a traditional production cycle,
— 0,45 for millswith a continuousthree-s tage production cycle,— 0,70 for millswith a continuoustwo-s tage production cycle.
Article 9 a
1. Approval shall be withdrawn from any mill failing to fulfil the
conditionsreferred to in Article 13(1) of Regulation (EEC) No 2261/84, aslaid down in Articles7, 8 and 9 of thisRegulation, for a period
of time in keeping with the seriousness of the infringement.
The withdrawal of approval referred to in the first subparagraph shall
apply without prejudice to other penalties, including financial penalties,
applicable under Article 11a of Regulation No 136/66/EEC.
2. In the case of irregularities other than those referred to in para-
graph 3, Member Statesmay decide not to withdraw approval and to
apply a different penalty if the mill, when an infringement of the
conditions for approval is first found, implements the measures neededto rectify that infringement within a time period to be laid down by theMember State and in any case not more than 90 days. That deadlineshall be notified to the party concerned no later than 45 days after aninfringement isfirs t found.
3. In the case of the penalties referred to in paragraph 1, approval
shall be withdrawn from a mill for a period of between one and fivemarketing yearsif the Member State findsirregularitiesincluding a1998R2366 — EN — 01.11.2002 — 006.002 — 10
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substantial difference between the quantities of olives pressed or oil
produced and the quantities shown in the stock records, or inadequacyin the stock records or in the communication thereof.
The irregularities referred to in the first subparagraph shall be consid-
ered to exist where one of the following conditions is found:
(a) a difference involving an increase of more than 25 % or 30 tonnes
of oil between the total quantity of olive oil declared since thebeginning of the marketing year and the quantity based on:
— plant capacity,
— energy use or workforce capacity,
— the quantitiesof olivesentering the mill and the quantities
pressed,
— the quantities and, where necessary, the composition of olive
residue obtained,
— or the actual stocks of olives, oils or residues;
(b) the existence, based on an analysis of the samples referred to in
Article 8(a), of oilsthat do not comply with the characteris ticsof
virgin olive oilss et out in point 1 of the Annex to Regulation No136/66/EEC;
(c) a delay between December and April of the same marketing year of
more than:
— 20 days in the case of transmission of the monthly statements
referred to in Article 8(b).
However, the minimum value of the difference referred to in point a
shall be 50 tonnes for mills with a capacity of more than 5 tonnes perworking day of eight hoursor an annual capacity of more than 500tonnes.
Article 10
1. For the purposes of control, olive growers referred to in Article
9(1)(f) having received more than 200 litresof oil s hall keep until theend of the marketing year following that in question a record of thedestination of the oil produced from their olives, or where appropriatea sales invoice or other documentary evidence.
Moreover, the grower shall present to the competent body in the
Member State or where appropriate to the producers' organisation ofwhich he isa member, from the 1999/2000 marketing year and before
1 December, a declaration of the quantitiesfor each main des tination of
the oil obtained in the preceding marketing year, and a statement of thestock situation on 1 November.
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M2‘Producers’ organisations shall notify the information in the
second subparagraph to the control agency or, in the absence of such
asagency, to the competent body in the Member State ◄, before 1
January. The Member States shall notify the Commission thereofbefore 15 January.
2. The main consignees of oil as referred to in Article 9(1)(f) other
than those referred to in paragraph 1 shall hold at the disposal of thecontrol authorities the documents necessary to enable the authoritiesto check that the said consignees did indeed take delivery of the oil inquestion. The definition of ‘main consignee’ and the determination of
the necessary documents shall be a matter for the Member State.
3. In the absence of the declaration of the quantities for each desti-
nation and the statement of the stock situation referred to in paragraph1, the Member State concerned shall apply an appropriate penalty.
Article 11
1. Producer Member States shall notify the Commission, no later
than the 10
thday of the second month following the month in question,
of the aggregate quantity of olive oil produced since the start of the1998R2366 — EN — 01.11.2002 — 006.002 — 11
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marketing year, based on the aggregate of the mills' monthly state-
ments.
2. At the request of a mill whose approval has been withdrawn, the
Member State may grant approval under the special control arrange-
mentson the conditionslaid down by Article 13(6) of Regulation
(EEC) No 2261/84. Those conditions shall be fulfilled only where theolive oil production of the mill concerned during the period fromNovember to March inclusive is higher than the available processingcapacity in that period in the previousmarketing year of other millsin the same NUTS level III region as the mill in question or on an
island forming part of a NUTS level III region.
The Member State concerned shall present to the Commission no later
than the second month following withdrawal, an application from themill for approval under the special control arrangements specifyingthe reasons and the type of controls it undertakes to apply to the millconcerned. If the Commission fails to deliver an opinion within 45days, the application shall be considered to have been accepted.
In the case of approval withdrawn between 1 August and 31 March, at
the request of the mill concerned and where production fulfils the
conditions referred to in the first subparagraph, the Member State may
grant temporary approval under its proposed special control arrange-ments, until expiry of the deadline laid down by the Commission inthe second subparagraph.
CHAPTER 4
Applicationsforandgrantofaid
Article 12
1. Aid applicationsmay be lodged by any olive grower who has
lodged a crop declaration. They shall include at least the followinginformation:
(a) the surname, forenames and address of the olive grower;
(b) the quantity of virgin olive oil produced;
(c) the location(s) of the holding and of the parcels on which the olives
were harvested, with a reference to the crop declaration;
(d) the approved mill(s) at which the oil was produced, with details of
the quantitiesof olivesus ed and of oil produced by each mill;
(e) where appropriate, from the 1999/2000 crop year, the quantity of
olives supplied to a table olive processing firm, indicating thefirm'sreferences .
Aid applicationsmus t be accompanied by a certificate from the mill,
the form and content of which shall be decided by the Member States,corroborating the detailsreferred to under (d).
2. Where olive growers have sold some or all of their olives, the aid
applications shall include, in addition to the information specified in
paragraph 1:
(a) the surname, first names and address of the purchaser;
(b) a copy of the invoice for the sale of the olives;
(c) a copy of the certificate from the mill confirming the details
referred to in paragraph 1(d).
3. Aid applications shall be submitted by olive growers before 1
July of each marketing year:
— to the producer organisation, where olive growers are members of
such an organisation,
— to the competent authoritiesof the Member State concerned, where
olive growersare not membersof a producer organis ation.
Except in cases of force majeure , where applicationsare s ubmitted late,
the aid to which the olive growerswould have been entitled had their1998R2366 — EN — 01.11.2002 — 006.002 — 12
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applications been submitted on time shall be reduced by 1 % per
working day. Applications submitted more than 25 days late shall beinadmissible.
4. Olive growerswis hing to receive the advance on the aid provided
for in Article 12 of Regulation (EEC) No 2261/84 must submit anapplication for the advance with their aid applications.
5. The Member States shall notify the Commission before ►
M25
September ◄of each marketing year of the number of aid applications
and the quantitiesof olive oil concerned.
Article 12a
On the basis of the declarations referred to in Articles 2 and 5 and the
aid applicationsreferred to in Article 12, producer Member Statess hall
estimate the virgin olive oil production for 2002/03 of the additional
olive trees referred to in the first subparagraph of Article 4 of Regula-tion (EC) No 1638/98 by multiplying the average yield per adult olivetree by the sum of:
— the number of additional olive treesplanted between 1 May and 31
October 1998, multiplied by 0,70, and
— the number of additional olive treesplanted between 1 November
1998 and 31 October 1999, multiplied by 0,35.
The average yield per adult olive tree shall be calculated by dividing
the quantity of virgin olive oil produced, asreferred to in Article
12(1)(b), by the sum of:
— the number of olive treesin production planted before 1 May 1998,
and
— the number of olive treesin production planted between 1 May and
31 October 1998, multiplied by 0,70, and
— the number of olive treesin production planted between 1
November 1998 and 31 October 1999, multiplied by 0,35.
Article 13
Where part or all of an olive grower's production is pressed at an
approved mill located in a Member State other than that in which theolives were harvested, the aid application shall be submitted to thecompetent agency of the Member State where the oil wasproduced.
In such cases, after checking the mill concerned, the latter Member
State shall forward the aid application and the information concerningthe check at the mill to the Member State of origin of the olives. Afterchecking that all the requirementsfor the grant of the aid have beenmet, the Member State where the olives were harvested shall pay the
production aid.
Article 14
1.►
M5Olive growers shall be eligible for aid in respect of the
quantity of virgin olive oil they actually produce, less the productionof the additional treesreferred to in Article 12a, plusthe flat-rate quan-tity of olive-residue oil provided for in paragraph 2 of this Article. ◄
However, the quantity on which aid may be paid in respect of crop
declarationsand aid applicationsfor the ►
M31998/1999, 1999/2000,
2000/01, 2001/02, 2002/03 and 2003/04 marketing years ◄in the
cases referred to in Article 15 of Regulation (EEC) No 2261/84 andArticle 2(3) of Regulation (EC) No 1638/98 shall be determined inaccordance with Article 15.1998R2366 — EN — 01.11.2002 — 006.002 — 13
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2. The quantity of olive-residue oil on which the aid may be paid
shall be equal to 8 % of the quantity of virgin olive oil, minus theproduction of the additional olive treesreferred to in Article 12a,
produced from the olivesfrom which the res idue hascome and in
respect of which entitlement to aid has been recognised in accordancewith Article 2(4) of Regulation (EEC) No 2261/84.
3. For the purposes of determining the quantity of virgin olive oil
actually produced, asfrom the 1998/99 marketing year the competentagency shall take account in particular of:
— the basic data in the register of olive cultivation or the geographical
information system (GIS) for olive cultivation as regards production
potential. In areasnot currently covered by the olive cultivation
register or the GIS, the information contained in crop declarationsshall be used;
— the information from the computerised files referred to in Article
27;
— evidence of pressing provided by approved mills;
— the results of checks carried out.
4. For the purposes of fixing actual production as referred to in
Article 17a(2) of Regulation (EEC) No 2261/84, the Member Statesconcerned shall inform the Commission before ►
M215 May ◄
following each marketing year of the quantity on which the aid is
payable.
Article 15
1. In cases as provided for in Article 15(2) and (3) of Regulation
(EEC) No 2261/84 where the quantity covered by aid applicationsis
not confirmed by the approved mill, the quantity of oil from that millon which each olive grower concerned iseligible for aid s hall be deter-mined by the Member State in accordance with Article 15(4) of thatRegulation.
However, without prejudice to any claimswhich the olive growers
concerned might make against the mill, that quantity may not exceed
either the quantity covered by each aid application submitted or the
quantity obtained by multiplying:
— the number of olive treesof the olive grower concerned by
— the average yield for the homogeneouszone in which they are
located and by
— a coefficient representing the ratio between the production fixed for
the Member State under Article 17a(2) of Regulation (EEC) No2261/84 and the production obtained for that Member State by esti-
mating the yieldsand the number of olive trees .
The number of olive treess hall be determined in proportion to the
quantity of oil concerned in the case where aid is requested for oilobtained from more than one mill.
2. Where the number of treess hown in the crop declaration is
greater than that actually found, the quantity on which aid ispayable
and, where applicable, any other penaltiess hall be determined on thebasis of the percentage by which the number of trees declared exceedsthe actual number in accordance with Article 28(4):
— where that percentage in excess is 55 % or less, the aid shall be
granted on the quantity referred to in the first subparagraph ofArticle l4(1), less a corrective amount; the corrective amount shallbe equal to the quantity in question multiplied by the percentage
and by a coefficient given by the following scale:
Percentage in excess Coefficient
greater than 0 but not greater than 5 01998R2366 — EN — 01.11.2002 — 006.002 — 14
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Percentage in excess Coefficient
greater than 5 but not greater than 15 0,005
greater than 15 but not greater than 25 0,0075
greater than 25 but not greater than 35 0,010
greater than 35 but not greater than 45 0,0125
greater than 45 but not greater than 55 0,015
— where the percentage in excess is greater than 55 % but not greater
than 75 %, the olive grower and the parcelsconcerned s hall not beeligible under the aid scheme for the marketing year in question,
— where the percentage in excess is greater than 75 %, the olive
grower and the parcelsconcerned s hall not be eligible under theaid scheme for the marketing year in question or the followingmarketing year.
Article 16
1. Without prejudice to paragraph 2, subject to the results of the
checkscarried out, the Member Statess hall pay the advance referredto in Article 12 of Regulation (EEC) No 2261/84 from 16 October of
each marketing year.
2. Payment of at least 25 % of the advance shall be deferred in the
case of:
(a) producerswho lodge an aid application for production:
— that ismore than twice the quantity res ulting from the applica-
tion to the number of olive treesdeclared of the average yieldof the homogeneouszone in which the holding ismos tly
located,
— that comesmainly from a homogeneouszone for which aid
applicationscorres pond to total production exceeding by morethan 30 % the quantity resulting from the application of the
average yield for the zone to the number of olive treeson the
holdingswhich are mos tly located in that zone;
(b) producerswhos e production comesmainly from millsfor which it
hasbeen propos ed that approval be withdrawn for a period ofbetween one and five years.
The marginsby which the quantitiesres ulting from average yieldsare
exceeded, asreferred to in point a, may be adjus ted up or down byabout 20 % by the Member Statesbefore 15 October of each marketingyear taking account of the yieldsof the regional area.
Payment of the advance shall be suspended until 1 April following the
end of the marketing year concerned in the cases referred to in point a,or until a decision is taken on the proposals as referred to in point b.
However, Member States may decide not to suspend payment of the
advance or to reduce the period of suspension in cases where an addi-tional analysis provides objective proof of the yield given in thedeclarationsof the party concerned.
►
M23.◄After carrying out all the requisite checks and subject
to the results thereof, the Member States shall pay the balance of theaid to producers within 90 days of the fixing by the Commission ofactual production for the marketing year concerned and of the unitamount of production aid asprovided for in Article 17a(2) of Regula-tion (EEC) No 2261/84.1998R2366 — EN — 01.11.2002 — 006.002 — 15
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CHAPTER 5
Producer organisationsandassociationsthereof
Article 17
Without prejudice to the other conditionslaid down in Article 20c of
Regulation No 136/66/EEC, Chapters3 and 4 of Regulation (EEC)No 2261/84 and this Regulation, producer organisations and associa-tions thereof may not be recognised unless they have given an
undertaking:
(a) to have the administrative structure required for the performance of
the tasks with which they are entrusted;
(b) to have the qualified staff required for the performance of such
tasks;
(c) to draw up quarterly reportson their work and to keep records
relating to their management activities;
(d) subject to observance of the time limit laid down in Article 12(3),
— in the case of organisations which are nonmembers of an asso-
ciation, to submit to the competent authority each month the aid
applicationsforwarded to them by their membersduring the
preceding month,
— in the case of organisations which are members of an associa-
tion, to forward to the association each month the aidapplicationss ubmitted to them by their membersduring the
preceding month,
— in the case of associations of producer organisations, to submit
to the competent authority each month the aid applicationsforwarded to them during the preceding month by their memberorganisations.
Recognition shall depend on observance of all the conditions set out in
thisArticle.
Article 18
For the purposes of verifying compliance with the condition laid down
in Article 4(2) of Regulation (EEC) No 2261/84, producer organisa-tions shall require their members to provide copies of the title deeds,
contractsor other documentson the bas isof which they manage their
olive groves. Those copies shall be annexed to the producer organisa-tion's register of members.
Article 19
1. Producer organisations which make up an association must repre-
sent at least one third of the economic regions referred to in Article4(3) of Regulation (EEC) No 2261/84.
2. The verification provided for in the first indent of Article 10 of
Regulation (EEC) No 2261/84 shall cover 5 % of the checks carriedout by the association's member producer organisations. Associationsshall prepare a detailed report on each check carried out and shallimmediately forward a copy thereof to the Member State concerned,
and to the control agency if necessary.
Article 20
1. Before 1 January of each marketing year, producer organisations
or, where appropriate, associations thereof shall submit their members'
crop declarationsand any amendmentsthereto to the competent agencyof the Member State concerned.
2. Producer organisations or, where appropriate, associations thereof
shall submit the aid applications for the marketing year in progress to
the competent agency of the Member State concerned before 1 Augustof each marketing year. However, aid applicationslodged late by olivegrowers may be submitted by the organisation or association by 14August of each marketing year.1998R2366 — EN — 01.11.2002 — 006.002 — 16
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3. After conducting the checksprovided for in Article 8(1) of Regu-
lation (EEC) No 2261/84, producer organisations shall forward theirmembers' applications for advances to the competent agency of the
Member State concerned.
Article 21
1. Before 31 April of each marketing year, the following amounts
shall be fixed on the basis of forecasts for the overall aid withheld inaccordance with Article 20d of Regulation No 136/66/EEC and within
the ceiling of the foreseeable resources for each Member State:
(a) the unit amount to be allocated to associations for each of their
member producer organisations;
(b) the unit amount to be allocated to producer organisations for each
individual aid application submitted.
In order to determine the number of membersof producer organis ations
to be taken into consideration for the purposes of applying point (a),only members who have submitted at least one application to the orga-nisation during the period covering the current and the three previousmarketing yearss hall be taken into account.
The balance of the aid withheld in accordance with Article 20d of
Regulation No 136/66/EEC shall be divided among the producer orga-
nisations on the basis of the quantity of olive oil on which the aid is
granted through each organisation.
Without prejudice to Article 11(3) of Regulation (EEC) No 2261/84, in
cases where associations have discharged all their responsibilities underCommunity rules and have not used the entire sum raised by the finan-cing arrangement provided for in point (a), they must divide thebalance among their member producer organisations on the basis ofthe number of members of such organisations.
2. However, where the aid withheld in accordance with Article
20d(1) of Regulation No 136/66/EEC isnot s ufficient to grant the
amountsres ulting from the application of paragraph 1(a) and (b) to
the producer organisations and associations thereof, the Member Statesconcerned may contribute towards the payment of certain costs arisingfrom the checks carried out by such bodies.
In such cases, the Member States may grant amounts which differ from
those specified in paragraph 1 (a) and (b) to the producer organisationsand associations thereof, but in no circumstances may the latteramountsbe exceeded.
3. Advancesasprovided for in Article 11(4) of Regulation (EEC)
No 2261/84 may not exceed:
— in the case of associations, 70 % of the sum obtained by multi-
plying the unit amount fixed for the preceding marketing yearpursuant to paragraph 1(a) by the number of members of theirmember producer organisations, or
— in the case of producer organisations, 70 % of the sum obtained by
multiplying the unit amount fixed for the preceding marketing yearpursuant to paragraph 1(b) by the number of foreseeable applica-tions.
CHAPTER 6
Geographicalinformationsystemforolivecultivation
Article 22
The geographical information system for olive cultivation provided for
in Article 2(1) of Regulation (EC) No 1638/98, hereinafter referred toasthe ‘olive cultivation GIS’, s hall cover olive growerswho havesubmitted crop declarations as provided for in Article 1 of this Regula-tion and aid applicationsasprovided for in Article 12.1998R2366 — EN — 01.11.2002 — 006.002 — 17
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Article 23
1. A computerised alphanumerical database shall be established to
record the following information relating to each agricultural holding
or parcel, asthe cas e may be:
— the information from crop declarationsand aid applications , with
any amendmentsthereto,
— the quantitiesof olive oil and, where applicable, of table oliveson
which aid hasbeen paid,
— the information referred to in Article 10(1),— the results of on-the-spot checks.
2. The alphanumerical system for identifying agricultural parcels
shall be the same as that used for the integrated administration and
control system (IACS), supplemented, where necessary, to cover areas
under olive trees.
Article 24
1. A computerised graphical reference database containing the
parcels covered by a significant number of declarations shall be estab-lished for the administrative units designated by the Member States. It
shall comprise the following three sets of graphical information:
— digital orthophotographs,
— the boundariesof the adminis trative unitsand of the parcelsas
shown in the land register or, where none exists, in the parcel iden-
tification system established by the Member State,
— the location of the individual olive trees.
The Member State shall fix the minimum size of olive-growing parcels
below which no boundaries shall be determined. That minimum sizemay not be greater than 10 ares.
For administrative units not included in the graphical reference data-
base, the Member States shall set up an alternative system to ensurethat declarationsare valid.
2. The graphical reference database shall apply a homogeneous
projection system to the whole country and shall ensure that the
different layers of information are geometrically consistent over space
and time.
The graphical reference database shall be updated periodically to
ensure that it contains the most recent information available and thatthe orthophotographsare no more than five yearsold.
3. The digital orthophotographss hall comply with the geometrical
standards for mapmaking on a 1:10 000 scale and, from the radiometricpoint of view, shall have a maximum pixel size of one metre. Theyshall comply with market standards as regards mosaicking and tone.
Parcel boundaries shall be in raster or vector format, as available,
complying with the standards for map making on a 1:10 000 scale. In
all cases, the system introduced shall possess the topological propertiesneeded to provide easy access to parcels, monitoring of boundary fluc-tuationsover the four previousmarketing yearsand acces sto thecharacteristics of parcels in the alphanumerical database.
4. Olive growerswho have lodged crop declarationsmay acces sthe
information in the graphical reference base and may, on application,receive a copy of the alphanumerical and graphical informationconcerning them.
Article 25
1. The area of agricultural parcelsand the number of olive treesin
the graphical reference base shall be determined by any suitable meansasdefined by the competent body, in particular by photo-interpretationof recent, very high resolution aerial or satellite photographs. However,on-the-spot inspections must be conducted where clear results cannotbe obtained by photo-interpretation.1998R2366 — EN — 01.11.2002 — 006.002 — 18
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Scattered olive treess hall be identified, and their location plotted
approximately.
The Member States, shall lay down technical tolerances regarding the
accuracy of area measurements and tree counting, taking account of
official documentsavailable and the local s ituation.
2. Numbersof olive treesin each asdetermined by reference to the
graphical reference database shall be compared with the information incrop declarationsincluded in the alphanumerical databas e.
Where the declared number of olive treeson the holding differsby
more than 3 % from the number determined in accordance with para-
graph 1, the crop declaration shall be deemed to contain a discrepancy.
3. The olive growersconcerned s hall be notified where their
declarations contain discrepancies. The growers concerned shall begranted a period of grace of up to three months, at the Member State'sdiscretion, in which to provide justifications for the discrepancy or,when first informed thereof, to amend their declarations.
At the grower's request, where the justifications provided are insuffi-
cient for the Member State to accept the declared data, amendedwhere applicable, a check shall be carried out in the presence of bothparties, the cost of which is to be borne by the grower should thedeclared data, whether or not amended pursuant to the first subpara-graph, not be confirmed.
4. The number of olive treesdetermined for each parcel s hall corre-
spond:
— to the data from the declaration, where applicable asamended
pursuant to paragraph 3, where no discrepancies are found or where
any discrepancies are smaller than those determined in accordance
with paragraph 1,
— to the data determined in accordance with paragraph 1, where the
olive grower hasfailed to reply within the period of grace allowedon notification of a discrepancy,
— to the data recorded after the check provided for in the second
subparagraph of paragraph 3, in other cases.
5. The areascalculated in accordance with paragraph 1 and the
numbersof olive treesdetermined for each parcel, and the totalsperholding, shall be recorded in the alphanumerical database.
Article 26
1. The olive cultivation GIS of a Member State or region shall be
deemed to have been completed once, for the zone in question:
(a) the alphanumerical database as provided for in Article 23(1)
includesthe information on all crop declarationsand aid applica-tionsfor the mos t recent marketing year;
(b) the graphical reference database as provided for in the first and
second subparagraphs of Article 24(1) gives the location of all theparcelscovered by the databas e and included in the alphanumericaldatabase;
(c) the numbersof olive treeson parcelsin the databas e referred to at
(a) and those in the database referred to at (b) have been comparedpursuant to Article 25(2) and the number of declarations containingdiscrepancies making it impossible to determine the data to berecorded pursuant to Article 25(4) represents less than 5 % of allcrop declarations.
2. Without prejudice to the results of verifications made in the
course of clearance of EAGGF accounts, expenditure on setting up theolive cultivation GIS and the periodical updating of the graphical refer-ence database shall be eligible for Community financing for the►
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3. The Member States shall inform the Commission of national
measures taken pursuant to Articles 23 to 26.
Before 1 January 1999 the Member States shall present a report to the
Commission on the situation of the olive cultivation GIS as at 1
November 1998.
By 1 November 1999 the Commission shall determine whether the
olive cultivation GIS for any region or Member State hasbeencompleted on the basis of a report from the Member State concernedin accordance with the procedure laid down in Article 38 of Regulation
No 136/66/EEC.
CHAPTER 7
Controls
Article 27
1. The permanent computerised files of olive and olive-oil produc-
tion data provided for in Article 16 of Regulation (EEC) No 2261/84shall include:
(a) the alphanumerical database and the graphical reference database
of the olive cultivation GIS provided for in Articles23 and 24and the results of the checks provided for in Article 25;
(b) the filesof new planting containing the information referred to in
Article 5 and the results of the checks provided for in Article 29;
(c) the files of producer organisations and associations thereof
containing the information referred to in Article 16(2)(b) of Regu-lation (EEC) No 2261/84;
(d) the filesof millscontaining information on the conditionsfor
approval referred to in Article 7, the stock records provided for in
Article 8 and the results of the checks provided for in Article 30;
(e) the filesof the homogeneousproduction zonescontaining the infor-
mation referred to in Article 6.
2. The filesreferred to in paragraph 1, with the exception of the
graphical reference database, shall enable the data of the current andfour previous marketing years at least to be consulted directly andimmediately.
The Member States may establish decentralised files provided the latter
are of homogeneousdes ign, are compatible with each other and are
accessible centrally at the paying agency and the control agency. Theolive cultivation GIS databases must be compatible with those of theintegrated system.
The identification codes of olive growers, producer organisations and
associations thereof, mills and homogeneous production zones shall be
either assigned to the individual persons or bodies concerned once and
for all or automatically convertible to enable aggregatesand s earchesover the five marketing years referred to in the first subparagraph tobe conducted immediately.
Without prejudice to the checks to be carried out, in particular cross-
checks between files, and the results to be notified, the files shall
contain archivesof the his torical data available for the marketing years
prior to those referred to in the first subparagraph and, from 31 October2001 at the latest, shall allow the information contained in them:
— to be automatically aggregated at regional and Member State level,
— to be automatically compared between files.1998R2366 — EN — 01.11.2002 — 006.002 — 20
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Article 28
1. From the 1998/99 marketing year,
(a) checks of crop declarations shall comprise at least:
— comparisons with the data in the graphical reference database
and, where applicable, adjustments in accordance with Article25,
— cross-checks to show that parcels declared actually exist and to
prevent any duplication of aid granted under thiss cheme or
other aid schemes involving declarations of areas;
(b) checks of aid applications shall comprise the verifications referred
to in the second and third indents of Article 14(3a) of Regulation(EEC) No 2261/84.
Checksto ens ure that the crop declarationsand aid applications
tally shall in particular take account of:
— the olive and oil yieldsfixed in accordance with Article 18 of
that Regulation for the zone in which the holding or holdingsof
origin of the olives pressed are located;
— the average olive and oil yieldsin municipalitieswhere the
holding or holdings of origin of the olives pressed are located,
if such yields are available in the Member States.
In cases where the checks made under the first subparagraph reveal
inconsistencies, the procedure laid down in Article 25(2) and (3) for
the number of olive treess hall apply mutatis mutandis to the other
anomalous or missing information. However, the quantity of oil forwhich aid hasbeen reques ted may not be changed.
2. Notwithstanding the first subparagraph of paragraph 1, in regions
where the olive cultivation GIS hasnot yet been completed, on-the-spot inspections shall be conducted on 1 % of all crop declarations inthe 1998/99 marketing year, 5 % in 1999/2000 and 10 % in 2000/01►
M3to 2002/03 ◄.
At least two thirds of the declarations referred to in the first subpara-
graph shall be declarations that have not been checked on the spotduring the previoustwo marketing years .
3. During the on-the-spot checks, all the information in crop
declarationsand aid applicationss hall be verified, and in particular:
— the location of each parcel and the number of olive treestherein,
— the destination of the oil in the case referred to in Article 10(1),
— consistency between the olive trees on holdings and the quantity of
oil covered by aid applications.
Aid applications specifying an inconsistent quantity of oil shall be
rejected.
4. For each marketing year from 1998/99, a percentage shall be
established, where applicable, for the number of trees declared overand above the number of treesdetermined in accordance with Article25(4) or found during the checksreferred to in paragraphs1 and 2.
That percentage in relation to the number of treesdetermined s hall be
equal to the difference between the number of treesdeclared and thenumber determined, where that difference isgreater than zero, multi-
plied by 100.
Article 29
1. Where there isins ufficient proof or where there isdoubt, the
Member States shall conduct on-the-spot checks before 1 November1999 of declarationsasprovided for in Article 5(1).
Planting and grubbing operationscarried out in the period from 1 May
to 31 October 1998 shall be determined on the basis of all the informa-tion to be supplied by the growers, at the request of the competentagency of the Member State, and of the situation found on the spot,1998R2366 — EN — 01.11.2002 — 006.002 — 21
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particularly as regards the size of trees. Once all the checks have been
made, growerss hall be given the benefit of the doubt.
2. At least 10 % of declarations as provided for in Article 5(2) and
(3) in respect of each marketing year shall be checked before the endof the following marketing year.
Article 30
1. From the 1998/99 marketing year, the checksasprovided for in
Article 14(3) of Regulation (EEC) No 2261/84 shall include an in-depth check of the consistency of the information and data suppliedfor each marketing year by at least 30 % of approved mills selectedon the basis of risk analysis. However, the number of checks in each
Member State shall not be less than the number of checks on mills
carried out under the 1997/98 marketing year.
In addition, to establish that the information is recorded and the condi-
tions for approval are met, cursory checks shall be conducted at the
following percentagesof the millsat leas t:
— 5 % in 1998/99,
— 10 % in 1999/2000,
—►
M320 % in 2000/01 to 2003/04 ◄.
2. In-depth checks shall comprise:
(a) an on-the-spot inspection of equipment, quantities and types of
product in stock, accounts and other relevant documents;
(b) comparisons between the various data provided by the mills or
available from other sources, in particular with supplies, the desti-
nation of oil and olive residue, electricity and water consumptionand labour employed;
(c) comparisons between the quantities in the stock records and the
overall quantitiesin the aid applicationslodged by the olivegrowersconcerned;
(d) the other checks referred to in Article 8; the sample analyses
referred to in Article 8(a) shall be carried out for at least 25 % ofthe samples taken.
3. Moreover, for at least 10 % of in-depth checks, the Member State
shall check the suppliers of goods or services or the consignees of theoil or of the olive residue referred to in Article 10 or in Article 9(1)(g)respectively.
If the consignee of the oil or of the olive residue refuses to submit to
the check, or if the competent body hasevidence s howing that deliverywas not taken of the oil or olive residue in question:
— in the case referred to in Article 10(1), he shall be liable to pay the
Member State an amount double that of the aid for the quantity ofoil concerned,
— in the case referred to in Article 10(2), the Member State shall
apply a penalty commensurate with the quantity of oil concerned.
Amountscollected by the Member State s hall be deducted from the
expenditure of the European Agricultural Guidance and GuaranteeFund by the paying bodiesor departmentsin the Member State.
4. A mill shall be subject to the additional checks referred to in
Article 8(d) where:
(a) checksare unable to verify the mill'sdeclarationsin numerous
cases or where significant volumes are concerned, and in particularwhere the majority of the checkscarried out purs uant to paragraph3 do not provide any proof of delivery of the quantitiesof olive oildeclared by the mill in question;
(b) these are justified by the irregularities for which penalties are
sought, particularly where a proposal to withdraw approval forbetween one and five marketing yearsisinvolved;1998R2366 — EN — 01.11.2002 — 006.002 — 22
▼M2
▼M2
(c) approval hasbeen granted under the s pecial control arrangements
referred to in Article 13(6) of Regulation (EEC) No 2261/84;
(d) at least 25 % of the total production of the mill is received from
producersreferred to in Article 16(2)(a), except where an addi-tional analysis provides objective proof to the satisfaction of the
Member State.
The additional checks shall apply from the second month following the
month of the checks in question, and at least until the end of thefollowing marketing year or, where appropriate, until the Member Statedecideson a propos ed penalty.
Article 31
Where an agency is entrusted with the task of carrying out checks as
provided for in this Regulation, it shall also carry out the assessment
of olive and olive oil yieldsby regional area referred to in Article 6.This work shall be shown in the agency's work schedule drawn up inaccordance with Articles3 and 4 of Regulation (EEC) No 27/85.
Notwithstanding Article 4(1) and (2) of Regulation (EEC) No 27/85,
the work schedule for the 1998/99 marketing year shall be adjusted asnecessary and presented to the Commission before 1 December 1998for approval before 1 January 1999. The adjusted schedule and the
corresponding budget shall be approved definitively by the Member
State concerned by 15 January 1999 at the latest.
CHAPTER 8
General
Article 32
Producer Member States shall take all measures necessary to inform
the olive growers, the mills and the other operators concerned of thepenalties provided for in or pursuant to the Community regulations, in
particular for cases where crop declarations or aid applications do not
correspond to the truth.
Producer Member States shall forward provisions adopted pursuant to
thisRegulation to the Commis s ion immediately. ►
M2In particular,
the Member States shall notify the Commission in the course of the
month preceding the start of each marketing year of the national provi-
sions in force providing for penalties for each case of irregularity. ◄
Before 1 January of the 1999/2000, 2000/01, 2001/02, 2002/03 and
2003/04 marketing years, producer Member States shall present a
summary report of the number of checks carried out under Articles28, 29 and 30, the number of cases where adjustment was required,with an indication of the information or quantitiesconcerned, and thepenalties imposed or under consideration, along with a brief assessment
of the control arrangementss et up and any difficultiesencountered.
Article 33
Regulation (EEC) No 2276/79 isrepealed with effect from 1 November
1999.
Regulation (EEC) No 3061/84 shall continue to apply solely to
measures relating to marketing years prior to 1998/99 until 31 October1999. It isrepealed with effect from 1 November 1999.
Article 34
ThisRegulation s hall enter into force on 1 November 1998.1998R2366 — EN — 01.11.2002 — 006.002 — 23
▼B
▼M1
▼B
▼M3
▼B
▼B
ThisRegulation s hall be binding in itsentirety and directly applicable
in all Member States.1998R2366 — EN — 01.11.2002 — 006.002 — 24
▼M1
ANNEX
Regionalareasreferred toinArticle6(2)
SPAIN
1. NUTS III ‘Jaen’ region
2. All NUTS III ‘Granada’, ‘Malaga’ and ‘Seville’ regions
3. NUTS III ‘Cordoba’ region4. NUTS II ‘Castile-La Mancha’ region5. All NUTS II ‘Catalonia’ and ‘Valencia’ regions
6. NUTS II ‘Extremadura’ region
ITALY
1. All NUTS III ‘Foggia’ and ‘Bari’ regions
2. All NUTS III ‘Taranto’, ‘Brindisi’ and ‘Lecce’ regions
3. All NUTS III ‘Cosenza’, ‘Crotone’ and ‘Catanzaro’ regions4. All NUTS III ‘Vibo Valentia’ and ‘Reggio di Calabria’ regions5. NUTS II ‘Sicily’ region
6. NUTS II ‘Campania’ region
7. NUTS II ‘Lazio’ region8. NUTS II ‘Abruzzo’ region
9. NUTS II ‘Tuscany’ region
GREECE
1. NUTS III ‘Irakleio’ region
2. All NUTS III ‘Lassithi’, ‘Rethymni’ and ‘Chania’ regions
3. NUTS II ‘Peloponnese’ region
4. NUTS II ‘Western Greece’ region5. NUTS II ‘Ionian Islands’ region6. NUTS II ‘Continental Greece’ region
7. NUTS III ‘Lesbos’ region
PORTUGAL
1. NUTS II ‘Alentejo’ region
2. NUTS II ‘North’ region
3. NUTS II ‘Centre’ region
FRANCE
NUTS II ‘Provence-Alpes-Côte d'Azur’ region1998R2366 — EN — 01.11.2002 — 006.002 — 25