1979R1963 — EN — 18.12.1979 — 001.001 — 1
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►B COMMISSIONREGULATION(EEC)No1963/79
of6September1979
laying down detailed rules for the application of the production refund on olive oil used in the
manufactureofcertainpreserved foods
(OJ L 227, 7.9.1979, p. 10)
Amended by:
Official Journal
No page date
►M1Commission Regulation (EEC) No 2829/79 of 14 December 1979 L 320 50 15.12.1979
▼B
COMMISSIONREGULATION(EEC)No1963/79
of6September1979
laying down detailed rules for the application of the production
refund on olive oil used in the manufacture of certain preserved
foods
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European EconomicCommunity,
Having regard to Council Regulation No 136/66/EEC of 22 September
1966 on the establishment of a common organization of the market inoilsand fats(
1), aslas t amended by Regulation (EEC) No 590/79 (2),
Having regard to Council Regulation (EEC) No 2749/78 of 23
November 1978 on trade in oilsand fatsbetween the Community andGreece (
3),
Having regard to Council Regulation (EEC) No 591/79 of 26 March
1979 laying down general rulesconcerning the production refund forolive oils used in the manufacture of certain preserved foods (
4), and
in particular Article 9 thereof,
Whereasthe control arrangementsprovided for in Article 8 (2) of
Regulation (EEC) No 591/79 must ensure that the production refund
is granted only in respect of olive oil which satisfies the conditionslaid down in the present Regulation and in Regulation (EEC) No 591/79; whereas, in principle, the refund should be granted only after thatcontrol hasbeen effected;
Whereas, if the control is to be properly effected, the application to
have it effected should be submitted in good time and should containcertain basic information; whereas, to that same end, manufacturers of
fish and vegetable preserves should be required to keep stock accounts
indicating the quantity and origin of the olive oil used;
Whereasthe control mus t extend over a period which will allow
processors to plan their production in the light of cost prices and to
obtain supplies of olive oil; whereas, for the same reasons, the refundto be granted should be the refund valid on the day on which the appli-cation to have the control effected iss ubmitted;
Whereas, to enable the parties concerned to buy the olive oil they
require, Member Statess hould be free to pay the amount of the refundin advance, subject to the provision of a security;
Whereas Commission Regulation (EEC) No 615/71 (
5) should be
repealed;
Whereasthe meas uresprovided for in thisRegulation are in accor-
dance with the opinion of the Management Committee for OilsandFats,
HAS ADOPTED THIS REGULATION:
Article 1
For purposes of the production refund, manufacturers of the fish and
vegetable preserved foods referred to in Article 2 of Regulation (EEC)1979R1963 — EN — 18.12.1979 — 001.001 — 2
(1) OJ No 172, 30. 9. 1966, p. 3025/66.
(2) OJ No L 78, 30. 3. 1979, p. 1.
(3) OJ No L 331, 28. 11. 1978, p. 1.
(4) OJ No L 78, 30. 3. 1979, p. 2.
(5) OJ No L 71, 25. 3. 1971, p. 12.
▼B
No 591/79 shall keep, in respect of the said preserved foods, daily
stock accounts giving at least the following information:
(a) the quantity of olive oil, broken down by origin and date of entry
into the factory;
(b) the quantity of olive oil, broken down by origin, used in the manu-
facture of the preserved food;
(c) in respect of each incoming batch of olive oil, the number of the
invoice, receipt or any other equivalent document;
(d) the net weight of preserved food produced, with indication of the
average weight of olive oil employed for each type of manufacture.
Article 2
1. In order to qualify for the production refund, the manufacturer
must submit a request for verification to the competent authority before
the date envisaged for the commencement of manufacturing operations.
Such a request may not be submitted until the oil is in the manufac-
turing premises.
The Member State concerned shall, if necessary, specify a minimum
period which must elapse between the submission of the request for
verification and the date specified in the first subparagraph.
2. The application must contain at least the following information:
(a) the name and address of the manufacturer;
(b) the dateson which manufacture isto begin and end;
(c) the quantity and type of preserved food to be manufactured;
(d) the quantity of olive oil expected to be used in the manufacture,
and the origin of the oil.
3. The request for verification shall be valid only for a manufac-
turing process to be completed within a period ending not later thanthe last day of the third month following that in which the applicationwass ubmitted.
If by reason of force majeure manufacture cannot be carried out within
thisperiod the competent agency of the Member State concerned s hall,on request by the manufacturer, extend the period to the extent consid-ered necessary having regard to the circumstances invoked.
Article 3
The Member Statess hall check:
(a) that the manufacturer'ss tock record iskept in accordance with
Article 1;
(b) that the oil indicated in the request for verification was on the
premises at the time the application was submitted.
Article 4
1. The production refund shall be granted on application by the
manufacturer within the Member State where the preserved food was
manufactured.
2. The application referred to in paragraph 1 must include details of
the quantity of oil employed in manufacturing the preserved food and
its origin. The application must be submitted by the party concernedwithin six months from the date when the oil was used.
Article 5
The refund shall be paid when the Member State concerned has veri-
fied that the quantity of oil shown in the application referred to in1979R1963 — EN — 18.12.1979 — 001.001 — 3
▼M1
▼B
▼B
Article 4 and the quantity and origin of oil employed in manufacturing
the preserved food correspond.
However, at the request of the party concerned, the refund may be paid
in advance ass oon asthe check referred to in Article 3 hasbeen
carried out, on condition that a security is provided to guarantee thatthe oil will be used for the purposes specified.
Article 6
For the purposes of the verification referred to in the first paragraph of
Article 5, the Member State shall inter alia check the stock accounts
referred to in Article 1.
Article 7
If the quantity of olive oil mentioned in the application referred to in
Article 4 and the quantity of oil used as shown by the verificationreferred to in Article 5 do not correspond, the Member State concerned
shall assess the quantity of olive oil in respect of which the refund is
payable.
Article 8
The refund granted shall be that valid on the day on which the request
for verification referred to in Article 2 wass ubmitted.
Article 9
The amount referred to in Article 4 (2) of Regulation (EEC) No 591/79
shall be 0·50 ECU. However, where the arithmetic mean referred to inthe first subparagraph of Article 4 (1) of the abovementioned Regula-tion iszero, the refund s hall be fixed at zero.
Article 10
Regulation (EEC) No 615/71 ishereby repealed.
Article 11
ThisRegulation s hall enter into force on 10 September 1979.It shall apply to olive oil in respect of which the requests referred to in
Article 2 are submitted on or after that date. As regards oil in respectof which the requests referred to in Article 2 are submitted prior to thatdate, Regulation (EEC) No 615/71 shall continue to apply.
ThisRegulation s hall be binding in itsentirety and directly applicable
in all Member States.1979R1963 — EN — 18.12.1979 — 001.001 — 4