2001D0670 — EN — 11.12.2001 — 001.001 — 1
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►B COMMISSION DECISION
of 10 August 2001
on the granting of aid for the production of table olives in Portugal
(notified under document number C(2001) 2491)
(Only the Portuguese text is authentic)
(2001/670/EC)
(OJ L 235, 4.9.2001, p. 16)
Amended by:
Official Journal
No page date
►M1Commission Decision 2001/878/EC of6 December 2001 L 326 40 11.12.2001
▼B
COMMISSION DECISION
of 10 August 2001
on the granting of aid for the production of table olives in Portugal
(notified under document number C(2001) 2491)
(Only the Portuguese text is authentic)
(2001/670/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,Having regard to Council Regulation No 136/66/EEC of22 September
1966 on the establishment ofa common organisation ofthe market inoils and fats (
1), as last amended by Regulation (EC) No 1513/2001 (2),
and in particular Article 5(4) thereof,
Whereas:
(1) Article 5(4) ofRegulation No 136/66/EEC grants the Member
States the possibility ofallocating part oftheir national
guaranteed quantities and oftheir olive-oil production aid tosupport for table olives under conditions to be approved by theCommission in accordance with the procedure laid down inArticle 38 ofthat Regulation.
(2) Portugal has presented a request in respect ofthe 2001/02, 2002/03 and 2003/04 marketing years.
(3) Provision should be made for the aid to be granted to growers ofprocessed table olives from olive groves in Portugal and theconditions governing the granting ofthe aid should be specif ied.
(4) The processing period should be defined as running from 1September to 31 August. Olives which have undergone initial
treatment in brine lasting at least 15 days and have been removed
from the brine definitively or failing that have undergonetreatment making them fit for human consumption should bedeemed to be processed olives.
(5) The weight ofprocessed table olives on which aid is payable andthe equivalence between processed table olives and olive oilshould be determined for the purposes of calculating the unit aidon table olives and ofadministering the national guaranteed
quantities.
(6) Undertakings processing table olives must be approved inaccordance with conditions to be determined.
(7) Provisions should be laid down for checks on aid for table olives.
Those provisions must in particular cover crop declarations by
table-olive growers, notifications by processors of the quantities
ofolives delivered by growers and leaving the processing chain,and the obligations on paying agencies regarding controls.Provision should be made for penalties on table-olive growerswhere their declarations conflict with the results of checks
conducted.
(8) The information needed for calculating the aid to be granted to
growers ofprocessed table olives should be determined. An
advance on the aid may be granted under certain conditions.
(9) Portugal must notify the Commission of the national measuresadopted f or the purposes ofapplying this Decision and ofthe
information used for calculating the advance on the aid and thedefinitive aid.
(10) The measures provided for in this Decision are in accordance withthe opinion ofthe Management Committee f or Oils and Fats,2001D0670 — EN — 11.12.2001 — 001.001 — 2
(1) OJ 172, 30.09.1966, p. 3025/66.
(2) OJ L 201, 26.7.2001, p. 4.
▼B
HAS ADOPTED THIS DECISION:
Article 1
For the 2001/02, 2002/03 and 2003/04 olive-oil marketing years,
Portugal is hereby authorised to grant aid for the production of table
olives in accordance with this Decision.
Article 2
1. Aid for the production of table olives shall be granted to growers
ofolives which come f rom olive groves in Portugal and are sent toapproved processing undertakings for processing into table olives.
2. For each olive-oil marketing year aid shall be granted for table
olives processed between 1 September ofthe preceding marketing yearand 31 August ofthe marketing year concerned.
3. Within the meaning ofthis Decision, ‘processed table olives’
means olives that have undergone initial treatment in brine for at least15 days and have been removed from the brine definitively or failing
that have undergone treatment making them fit for human consumption.
Article 3
1. For the purposes ofcalculating the unit aid on table olives and of
administering the national guaranteed quantities ofolive oil, 100 kg ofprocessed table olives shall be deemed to be equivalent to 11,5 kg ofolive oil eligible for production aid as provided for in Article 5 of
Regulation No 136/66/EEC.
2. The weight ofprocessed table olives to be taken into consideration
shall be the drained net weight ofwhole olives af ter processing, possibly
bruised but not stoned.
Article 4
1. Approval numbers shall be allocated to undertakings which:
— submit an application for approval by 30 September preceding the
olive-oil marketing year in question, accompanied by the informa-tion referred to in paragraph 2 and the commitments referred to in
paragraph 3,
— market processed table olives, with or without additional preparation,— have plant capable ofprocessing at least 30 tonnes ofolives per year.
2. Applications for approval shall include at least:
— a description ofthe processing plant and storage f acilities, with
details oftheir capacity,
— a description ofthe f orms oftable-olive preparations marketed,
indicating the processing coefficient for each of them,
— details ofstocks oftable olives at various stages ofpreparation, by
form of preparation, as at 1 September preceding the olive-oilmarketing year in question.
3. For the purposes ofapproval, processors shall undertake:
— to keep table olives on which aid is payable separate from table
olives originating in non-member countries and those on which aid isnot payable when taking delivery of, processing and storing them,
— to keep stock accounts covering table olives, linked to the financial
accounts and indicating, for each day:
(a) the quantities ofolives entering the establishment, showing each
consignment separately and identifying the grower of each;
(b) the quantities ofolives sent f or processing and the quantities of
table olives processed within the meaning ofArticle 2(3);
(c) the quantities oftable olives f or which the process ofpreparation
has been completed;
(d) the quantities oftable olives leaving the undertaking, broken
down by form of preparation and indicating the consignees,2001D0670 — EN — 11.12.2001 — 001.001 — 3
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— to provide the grower as referred to in Article 2(1) and the competent
body with the documents and the information referred to in Article 6in accordance with the conditions laid down therein,
— to submit to all checks provided for under this Decision.
4. Approval shall be refused or immediately withdrawn where
undertakings:
— fail to comply or no longer comply with the conditions for approval,
or
— are prosecuted by the competent authorities for irregularities in
respect ofthe arrangements provided f or in Regulation No 136/66/
EEC, or
— have been penalised for an infringement to that Regulation within the
past 24 months.
Article 5
For the purposes ofgranting the aid f or the production oftable olives,
growers must have lodged a crop declaration in accordance with Articles
1, 2 and 3 ofCommission Regulation (EC) No 2366/98 of30 October
1998 laying down detailed rules for the application of the system ofproduction aid for olive oil for the 1998/99, 1999/2000 and 2000/01marketing years.
The declarations concerning table olives shall be included in the
alphanumeric database provided for in connection with the aid schemefor olive oil production.
Article 6
1. On delivery ofthe f inal consignment ofolives and no later than 30
June, approved undertakings shall issue growers as referred to in Article2(1) with a certificate of delivery showing the net weight of olives
entering the undertaking.
The certificate must be supported by all the documentation relating to
the weight ofthe olive consignments delivered.
2. Approved undertakings shall notify the competent body and the
control agency:
(a) by the 10th day ofeach month, of :
— the quantities ofolives received, sent f or processing and
processed within the meaning ofArticle 2(3) in the course ofthe previous month,
— the quantities ofolives prepared and sent out, broken down by
form of preparation, in the course of the previous month,
— the aggregate quantities referred to in the first two indents and
the stock situation at the end ofthe previous month;
(b) before 1 July, of the names of growers as referred to in Article 2(1)
for the processing period referred to in Article 2(2) and of thequantities covered by certificates issued to them in accordance with
paragraph 1;
(c) before 1 June, of the total quantities delivered for the processing
period referred to in Article 2(2) and of the corresponding totalquantities processed.
Article 7
1. Before 1 July of the current marketing year, table-olive growers
shall lodge aid applications, directly or indirectly, with the competentbody, containing at least the following details:
— the name and address ofthe grower,
— the location ofthe holdings and the parcels where olives were
harvested, with a reference to the relevant crop declaration,
— the approved undertaking to which the olives were delivered.2001D0670 — EN — 11.12.2001 — 001.001 — 4
▼M1
▼B
▼B
Such applications shall be accompanied by certificates of delivery as
referred to in Article 6(1).
Where applicable, applications may be accompanied by an application
for an advance on the aid.
2. Applications lodged after the deadline shall incur a penalty
consisting ofa reduction of1 % ofthe amount to which the growerwould have been entitled had the application been lodged by the due
date, for each working day of delay. Applications lodged more than 25
days late shall be refused.
Article 8
1. Before the definitive payment of the aid, the competent body shall
carry out the controls required to check:
— the quantities ofolives covered by certif icates ofdelivery issued,
— the quantities oftable olives processed, broken down by grower.
Controls shall involve:
— several physical inspections ofgoods in stock and a check ofthe
accounts ofapproved undertakings,
— stricter checks of aid applications from olive growers applying for
aid on both table olives and olive oil.
2. Portugal shall see that all the necessary controls are in place to
ensure that:
— entitlement to table-olive production aid is respected,
— olives entering an undertaking approved under this Decision are
excluded from eligibility for olive-oil production aid,
— no more than one aid application is lodged for the same olives.
3. Without prejudice to the penalties laid down by Portugal, no aid
shall be granted to growers as referred to in Article 2(1) whosedeclarations as provided for in Article 5 or whose aid applications inaccordance with Article 7 prove to conflict with the results of checksconducted. However, Article 15 ofCommission Regulation (EC) No2366/98 (
1) shall apply mutatis mutandis .
Article 9
1. Growers as referred to in Article 2(1) may receive an advance on
the aid requested. The advance shall be equal to the unit amount referredto in Article 17a(1) ofCouncil Regulation (EEC) No 2261/84 (
2),
multiplied by the quantity ofolive oil equivalent, in accordance with
Article 3(1) ofthis Decision, to the relevant quantity oftable olives
processed.
For the purposes ofgranting advances to growers, the quantity oftable
olives processed shall be determined by applying a provisionalprocessing coefficient to the quantity appearing in the certificate of
delivery, as confirmed by the further information notified to the
competent body. That coefficient shall be established by the competentbody depending on the data available on the approved undertakingconcerned. However, the quantity oftable olives taken into considera-tion may not exceed 90 % ofthe quantity oftable olives delivered.
2. Advances on the aid shall be paid from 16 October of the current
marketing year to growers applying therefor in accordance with Article7(1).
Article 10
1. Without prejudice to the reductions provided for in Article 20d of
Regulation No 136/66/EEC, the aid shall be equal to the unit amountreferred to in Article 17a(2) of Regulation (EEC) No 2261/84,2001D0670 — EN — 11.12.2001 — 001.001 — 5
(1) OJ L 293, 31.10.1998, p. 50.
(2) OJ L 208, 3.8.1984, p. 3.
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multiplied by the quantity ofolive oil equivalent, in accordance with
Article 3(1) ofthis Decision, to the relevant quantity oftable olivesprocessed.
For the purposes ofgranting the aid to growers as ref erred to in Article
2(1), the quantity oftable olives processed shall be determined byapplying a processing coefficient for the undertaking concerned to thequantity appearing in the certificate of delivery, as confirmed by thefurther information notified to the competent body. That coefficientshall be equal to the ratio between the total quantity oftable olives
processed on the one hand, and the total quantity oftable olives covered
by certif icates ofdelivery issued on the other hand, in respect oftheolive-oil marketing year concerned.
Where the quantity ofprocessed olives corresponding to the quantity set
out in the certificate of delivery cannot be established, the quantities oftable olives processed for the growers concerned shall be calculated on
the basis of the average coefficient for the other undertakings. However,
without prejudice to any claims which the olive growers concernedmight make against the undertaking, that quantity ofprocessed olivesmay not exceed 75 % ofthe quantity shown in the certif icate ofdelivery.
2. Once the controls referred to in Article 8 have been carried out, the
aid or, where applicable, the balance ofthe aid shall be paid to thegrower in full within 90 days of fixing by the Commission of the unit
amount thereof.
Article 11
Portugal shall notify the Commission:
— without delay, ofthe national measures taken pursuant to this
Decision,
— bef ore 1 August ofeach marketing year, ofthe quantities ofolive oil
equivalent to the estimated output oftable olives processed and ofthe provisional processing coefficients for that estimate,
— before 16 June of each subsequent marketing year, of the quantities
ofolive oil equivalent to the actual output oftable olives processedand of the processing coefficients adopted.
Article 12
This Decision shall apply from 1 September 2001.
Article 13
This Decision is addressed to the Portuguese Republic.2001D0670 — EN — 11.12.2001 — 001.001 — 6