1998R2366 — EN — 25.06.1999 — 001.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B COMMISSION REGULATION (EC) No 2366/98
of 30 October 1998
layingdowndetailedrulesfortheapplicationofthesystemofproductionaidforoliveoilforthe
1998/99, 1999/2000 and 2000/01 marketing years
(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 L151 12 18.6.1999
Corrected by:
►C1Corrigendum, OJ L 145, 10.6.1999, p. 39 (2366/98)
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▼B
COMMISSION REGULATION (EC) No 2366/98
of 30 October 1998
laying down detailed rules for the application of the system of
production aid for olive oil for the 1998/99, 1999/2000 and 2000/01
marketing years
THE COMMISSIONOF THE EUROPEANCOMMUN ITIES,
Having regard to the Treaty establishing the European Community,
HavingregardtoCouncilRegulationNo136/66/EECof22September
1966 on the establishment of a common organisation of the market inoils and fats(
1), as last amended by Regulation (EC) No 1638/98(2),
and in particular Article 5 thereof,
HavingregardtoCouncilRegulation(EC)No1638/98of20July1998
amending Regulation No 136/66/EEC on the establishment of acommon organisation of the market in oils and fats, and in particularArticles 2(4) and 4 thereof,
Having regard to Council Regulation (EEC) No 2261/84 of 17 July
1984layingdowngeneralrulesonthegrantingofaidfortheproductionof olive oil and of aid to olive oil producer organisations(
3), as last
amended by Regulation (EC) No 1639/98(4), and in particular Article
19 thereof,
Whereas Article 3 of Regulation (EEC) No 2261/84 provides for the
lodging of a crop declaration; whereas certain concepts such as that of‘olive tree in production'should be precisely defined, and the contentandscheduleofproducers’notificationsshouldbelaiddown,toensureup−to−dateknowledgeoftheoil−producingsectorandtoimprovesuchknowledge 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
ofRegulation(EC)No1638/98providesthatnoaidunderanyschemein force from 1 November 2001 may be paid in respect of olive treesplanted after 1 May 1998 except in connection with the conversion ofanoldoliveplantationorwithaprogrammeapprovedbytheCommis-sion;whereastheconceptof‘additionalolivetrees'and‘newplantings'must therefore be defined, as must the relevant arrangements fordeclaration, identification and approval; whereas programmes for addi-tional plantings should specify the number of dead or burnt olive treesthat can be replaced without leading to an increase in overall produc-tion;
Whereas pending in−depthexamination of the methods at present used
by the Member States, it is necessary to prolong application into the1998/99 crop year of the provisions of Commission Regulation (EEC)No3061/84layingdowndetailedrulesfortheapplicationofthesystemofproductionaidforoliveoil(
5),lastamendedbyRegulation(EC)No
2455/97(6);
Whereas for the purposes of approval, Article 13(1) of Regulation
(EEC)No2261/84requiresmill−ownerstocomplywithcertaincondi-tions;whereastheconditionsforapprovalintroducedshouldbesuchasto ensure effective control arrangements; whereas mills should beequippedforautomaticweighingofbatchesofolivesenteringthemill;whereas the information recorded should include particulars of thedestination of oil leaving the mill;
(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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Whereas in accordance with Article 14 of Regulation (EEC) No 2261/
84, each producer Member State must apply a system of checks toensurethattheproductinrespectofwhichaidisgrantediseligibleforsuchaid;whereasconsequentlyaidapplicationsmustincludethepartic-ulars required for such a system to be applied; whereas to that end,certain obligations should be laid upon olive−growers and uponproducer organisations and associations thereof;
Whereasolive−growerscanhavetheirolivespressedinaMemberState
otherthantheMemberStateofproduction;whereaswithaviewtothecorrect application of the aid scheme, provision should be made foradministrativecollaborationbetweentheMemberStatewheretheoilisobtained and the Member State of origin of the olives;
Whereas the factors to be taken into consideration to determine the
quantityeligibleforaidshouldbedefined;whereasrulesshouldbelaiddown for determining the quantity eligible for aid in cases where thequantityforwhichaidisrequestedand/orthenumberoftreesindicatedin the crop declaration cannot be checked or cannot be accepted whenchecks are carried out;
Whereas pending in−depth examination of the scheme at present in
force, it is necessary to prolong application of the provisions ofCommission Regulation (EEC) No 3061/84 concerning recognition ofproducers’organisationsandassociationsthereof,andthearrangementsfor financing them on the basis of aid withheld in accordance withArticle 20d of Regulation No 136/66/EEC;
WhereasArticle2ofRegulation(EC)No1638/98providesthat,during
the 1998/99 to 2000/01 marketing years, work on the olive cultivationregister provided for in Commission Regulation (EEC) No 2276/79 of16 October 1979 laying down detailed rules for the drawing−up of aregisterofolivecultivationintheMemberStatesproducingoliveoil(
1),
lastamendedbyRegulation(EEC)No1279/89(2),shouldfocusonthe
creation, updating and utilisation of a geographic information system(GIS); whereas consequently, with a view to ensuring compatibilitywith the databases of the integrated administration and control systemprovided for in Council Regulation (EEC) 3508/92 of 27 November1992 establishing an integrated administration and control system forcertain Community aid schemes(
3), last amended by Regulation (EC)
No 820/97(4) and in Regulation (EEC) No 3887/92 of 23 December
1992layingdowndetailedrulesforapplyingtheintegratedadministra-tion and control system for certain Community aid schemes(
5), last
amendedbyCommissionRegulation(EC)No1678/98(6),theinforma-
tiontobeincludedintheoilcultivationGISshouldbespecifiedalongwith centralisation methods, arrangements, criteria and technical toler-ances; whereas with a view to Community financing it is necessary todetermineinwhatconditionstheoilcultivationGISofaMemberStateor region shall be deemed to have been completed;
Whereas the oil cultivation GIS must 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 caseswhere the discrepancy cannot be resolved, the consequences for thequantity of olive oil eligible for aid must be determined;
Whereas,incasetheGIShasnotbeencompleted,provisionshouldbe
made for a minimum number of on−the−spotchecks 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 shouldtherefore concentrate on that task;
(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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Whereas arrangements must be laid down for on−the−spot controls,
specifying in particular the number of declarations that should becheckedonthespotinareaswheretheoilcultivationGIShasnotbeencompleted; whereas, to check consistency between information inapplications for aid and information in the stock records of mills,in−depth controls of a representative proportion of mills should beorganised, with penalties for consignees of oil who refuse to beinspectedorareunabletoprovethattheyhavetakendeliveryoftheoil;
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 layingdowndetailedrulesfortheapplicationofRegulation(EEC)No2262/84laying down special measures in respect of olive oil(
1), last amended
by Regulation (EEC) No in 3602/92(2);
WhereasthemeasuresprovidedforinthisRegulationareinaccordance
with the opinion of the Management Committee for Oils and Fats,
HAS ADOPTED THIS REGULATION:
CHAPTER 1
Crop declarations
Article 1
1. Forthepurposesofgrantingaidfortheproductionofoliveoilas
providedforinArticle5ofRegulation136/66/EEC,before1Decemberof each marketing year olive growers shall lodge crop declarationscovering their olive trees in production and details of the olive grovesthey manage as at 1 November of the marketing year to which thedeclarations correspond.
2. For the purposes of this Regulation:
(a) ‘olive tree in production'means a living olive tree of a species
classedasdomestic,permanentlyestablished,irrespectiveofageorcondition, possibly possessing several trunks separated from oneanother at the base by less than two metres;
(b) ‘olive−growing parcel'means:
— a parcel of olive−trees as defined by the Member State
concerned, or, if no such definition exists,
— acontinuoustractoflandcovered,overanareagreaterthanthat
referred to in the second indent of Article 24(1), by olive treesinproductioneachofwhichislessthan20metresfromanotherolive tree;
(c) ‘scatteredolivetrees'meansolivetreesinproductionwhichdonot
fulfil the conditions necessary to constitute a group of trees on anolive−growing parcel;
(d) ‘areaunderolivetrees'meanstheareaofanolive−growingparcel,
or, for each scattered olive tree, an area of 1 are;
(e) ‘farmer'and ‘holding'mean the concepts as defined for the inte-
grated system provided for in Article 1(4) of Council Regulation(EEC) No 3508/92.
3. Crop declarations shall be lodged with the competent agency of
the Member State or, where applicable, the producer organisation ofwhich the olive grower concerned is a member.
(1) OJ L 4, 5. 1. 1985, p. 5.
(2) OJ L 366, 15. 12. 1992, p. 31.
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Article 2
From the 1998/99 marketing year, crop declarations shall include at
least:
(a) the surname, forenames and address of the olive grower;
(b) the location or locations of the holding;
(c) the total number of olive−trees in production, including scattered
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 theholding and of the olive−growing parcels;
(e) foreacholive−growingparcel:thenumberofolivetreesinproduc-
tion,theprincipalvariety,anddetailsofanyirrigationorassociatedcrops present.
Article 3
1. Where a crop declaration has already been lodged with the
competent body, the crop declaration for the current crop year shallsimply indicate the references to the previous declaration and anychanges which have occurred since then. For the 1998/99 and 1999/2000 marketing years, any changes shall be taken into account havingregard to the definitions in force and the information required for cropdeclarations under Regulation (EEC) No 3061/84 for 1997/98.
If there is no change in the information in question, the crop declara-
tionsshallbelodgedatthesametimeastheaidapplicationsandshallsimply state that there is no change as compared with the previousdeclaration.
2. Declarations made under Regulation (EEC) No 3061/84 shall be
replacedbyafullcropdeclarationinaccordancewithArticles1and2►
M1not later than ◄in the course of the 1999/2000 and 2000/01
marketing years.
Article 4
1. Toconstituteabasisforthepaymentofaidtoolivegrowersunder
thecommonorganisationofthemarketinoilsandfatsinforcefrom1November 2001, additional olive trees planted after 1 May 1998 mustbe 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 trees shall be deemed to be identified geographically where they
appearinthegraphicalreferencedatabaseprovidedforinArticle24or,failing this, where the competent agency of the Member State hascartographical information allowing the trees to be located.
2. For the purposes of Article 4 of Regulation (EC) No 1638/98,
‘additional olive tree'means an 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 replacements are 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 has already been recorded as having been replaced byanothertree;andmustbeonewhich,beforegrubbing,wasanolivetreein production identified geographically.
3. Programmes covering additional olive trees submitted to the
Commission for approval must contain the following information inparticular:
(a) thetotalnumberofolivetreesinproductionandthecorresponding
areasinthegeographicalzoneconcernedatthedateofpresentationof the programme,
1998R2366 — EN — 25.06.1999 — 001.001 — 6
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(b) the number of olive trees planted and grubbed, as provided for in
the programme, and the corresponding areas,
(c) where applicable, the number of dead or burnt olive trees to be
replaced, with a description of the circumstances,
(d) thegeographicallocationsoftheolivetreesgrubbed,deadorburnt.
Article 5
1. Newplantingfrom1November1995to31October1998shallbe
coveredbyadeclarationbefore1April1999includingtheinformationreferred to in Article 2 or, where applicable, references to an earlierdeclaration containing the same information. The declaration of newplantingshallbeaccompaniedbydocumentsprovingtothesatisfactionof the Member State either that:
— all or some of the trees were planted prior to 1 May 1998; or that:
— planting was carried out after 1 May 1998 and before 1 November
1998,andwasaccompaniedbygrubbinginthatperiodofanumber(to be specified) of olive trees in production.
Proof may take the form of sales invoices from nurseries, delivery
documents for young plants or any other documents recognised by theMember State.
2. From 1 November 1998, the olive growers concerned shall lodge
priordeclarationsofintentiontoplant,indicatingthenumberandloca-tionoftheolivetreesinquestionand,whereapplicable,thenumberandlocation of olive trees to be grubbed, or which have been grubbed andnot 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, theMember States shall inform the growers concerned whether:
— the planned planting involves the replacing of grubbed trees and
cannot therefore be deemed to involve additional olive trees withinthe meaning of Article 4(2),
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M1
— the planned planting involves additional olive trees covered by a
programme approved under Article 4 of Regulation (EC) No 1638/98 and therefore qualifies for aid after 31 October 2001,
▼
B
— theplannedplantinginvolvesadditionalolivetreesnotconstituting
a basis for the payment of aid after 31 October 2001.
3. InthecontextofcropdeclarationsasreferredtoinArticle2,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 trees in production that
have been grubbed and which the new trees replace, or
— a reference to the programme approved by the Commission
under which the planting in question is being carried out.
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 for the 1998/99marketingyear,producerMemberStatesshallprovidetheCommissionwith data on homogeneous production zones, taking account in partic-ular of:
— the geographical location and the agronomic characteristics of the
terrain,
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— the predominant varieties, the most common type of shape pruning
and the age of the olive trees.
Thehomogeneousproductionzonesmaybealteredonlyonpresentation
of convincing justifications. Such alterations shall be made on theCommission’s initiative or at the request of a Member State.
2. The data on each production zone as referred to in paragraph 1
shall include at least the following:
(a) the geographical boundaries of the zone;
(b) the estimated area under olive trees;
(c) theestimatedaveragenumberofolivetreesperhectareoflandused
for olive growing;
(d) the average olive production per tree;
(e) the average production of virgin olive oil per 100 kilograms of
olives.
3.►
M1 ◄The Member States shall forward the data
referred to in paragraph 2(b) to (e), together with a short report onproductionconditionsrecordedineachzoneduringthemarketingyear.
4. For the purposes of establishing oil yields for the 1998/99
marketing year, producer Member States shall determine, at millsequippedinvariouswaysandrepresentativeofpressingcapacityinthezone in question at various stages of the harvest, the olive−oilyield ineach production zone.
For the purposes of establishing olive yields, the Member States shall
determine,atleastforthelargestproductionzonesandatthebeginningof the marketing year, the olive yields from trees representative ofproduction conditions in the zone.
CHAPTER 3
Approved mills
Article 7
Fromthe1998/99marketingyear,forthepurposesofgrantingapproval
to mills:
(a) theinformationreferredtoinArticle13(1)(a)ofRegulation(EEC)
No 2261/84 must include the following:
— oil storage capacity,
— actual pressing capacity per eight−hour working day,— adescriptionofthetechnicalequipmentinstalledoroperatingat
the mill, with details of the type, make, model and hourlycapacity of each unit;
(b) amongthemeansofinspectionformillswhichhaveproducedmore
than 20 tonnes of oil in the previous marketing year, the facilitiesmustincludeanautomaticsystemforweighingolivesandrecordingthe weights and an electricity meter specifically for the pressingequipment.
However, from the 1999/2000 marketing year, point (b) shall apply to
millswithacapacity,asreferredtointhesecondindentof(a),greaterthan 2 tonnes of oil per eight−hourworking day. That provision shallapply to other mills from the 2000/01 marketing year.
In addition, as soon as the information concerned is available, mills
must issue olive growers with certificates as provided for in Article12(1)andmustcomplywiththeinspectionconditionslaiddownbytheMember State.
Withoutprejudicetonationalpenaltieswhichmaybeapplicable,Article
13(4) of Regulation (EEC) No 2261/84 shall apply, in the light of therisks induced for quantities eligible for aid, to compliance with theconditions provided for in this Article and for Articles 8 and 9.
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Article 8
UndertheinspectionarrangementsprovidedforinArticle14ofRegula-
tion (EEC) No 2261/84, the Member States shall make provision:
(a) in particular by analysis of samples, for verifying that the oil
matchesthedescriptionsanddefinitionsinpoint1oftheAnnextoRegulation No 136/66/EEC and that it is not contaminated byundesirable substances, in particular solvents;
(b) from the 1998/99 marketing year:
— for stock records linked to the financial accounts to be kept,
containingatleasttheinformationspecifiedinArticle9(1)and,where applicable, references to analyses carried out,
— formonthlystatementsofthisinformationtobesent ►
M1not
later than the 10th day ◄of the month following the month
concernedtothecompetentagencyand,whereapplicable,totheagency responsible for checks; however, for mills that haveproduced less than 20 tonnes of oil in the previous marketingyear, the monthly statement shall include only the quantitativeinformation indicated in Article 9(1)(b), (c), (d) and (f),
— for checking of the method of disposing of waste water;
(c) fromthe1999/2000marketingyear,forsuppliesofoliveoiltomeet
one of the following requirements:
—►
C1either,wherethequantitysoldislessthan50litres ◄or
wherenosalehastakenplace,thatithasbeensuppliedagainstissue 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 200litres, fitted with a sealing device that cannot be resealed andbearingaserialnumber,theapprovalnumberofthemillandthemarketing year; or
— orwheretheoilhasbeensold,thatithasbeensuppliedagainst
the issue of an invoice and a bank record of the payment.
Article 9
1. Stock records as provided for in Article 8(b) shall include, in
respect of each day:
(a) the quantities of olives entering 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 quantities of oil obtained;
(d) thequantitiesofoilpurchasedorobtainedfrom1December1998,
indicatingtheconsignor;quantitiesrelatingtoNovember1998shallbe indicated as an aggregate;
▼
M1
(e) thequantitiesofoliveresiduesobtained,determinedbyweighingor
on a flat-rate basis;
▼B
(f) thequantitiesofoilleavingthemillbatchbybatch,withthename
of the consignee and an indication whether the consignee is aproducer covered by the first indent of paragraph (c) of Article 8;
(g) the quantities of olive residue leaving the mill:
— batch by batch, with the name of the consignee in the case of
sale to an extraction establishment,
— determinedonaflat−ratebasis,withthenameoftheconsignee
in other cases,
— weighed batch by batch, where the mill has a weighbridge.
2. Attherequestoftheauthoritiesresponsibleforcheckingthestock
records, the mill shall present:
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(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 olives entering 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 weightsof batches of olives entering 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 references of the consignee of the oil;
(d) wheretheoiland/oroliveresidueobtainedissold,thesalesinvoice
for each batch and, from the 1999/2000 marketing year, the bankstatements showing payment for the oil.
3. Quantities of olive residue as referred to in paragraph 1 may be
determined on a flatrate basis by multiplying the quantity of olivespressedbyacoefficientshowninthetechnicalspecificationsofthemillor, failing this, the following indicative coefficients:
— 0,35 for mills with a traditional production cycle,
— 0,45 for mills with a continuous three−stage production cycle,— 0,70 for mills with a continuous two−stage production cycle.
Article 10
1. For the purposes of control, olive growers referred to in Article
9(1)(f) having received more than 200 litres of oil shall keep until theend of the marketing year following that in question a record of thedestinationoftheoilproducedfromtheirolives,orwhereappropriateasales 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 ofwhichheisamember,fromthe1999/2000marketingyearandbefore1December, a declaration of the quantities for each main destination oftheoilobtainedintheprecedingmarketingyear,andastatementofthestock situation on 1 November.
Producers’ organisations shall notify the information in the second
subparagraph to the competent body in the Member State, or whereappropriate the control agency, before 1 January. The Member Statesshall notify the Commission thereof before 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 thecontrolauthoritiesthedocumentsnecessarytoenabletheauthoritiestocheck that the said consignees did indeed take delivery of the oil inquestion. The definition of ‘main consignee'and the determination ofthe necessary documents shall be a matter for the Member State.
Article 11
1. Producer Member States shall notify the Commission:
— before1September,ofthequantityofoliveoilproducedbymillsin
respect of the marketing year in progress at 30 June;
— before1December,ofthequantityofoliveoilproducedbymillsin
respect of the previous marketing year.
2. In cases as referred to in Article 13(6) of Regulation (EEC) No
2261/84, in order to obtain approval of mills under special controlarrangements, the Member State concerned shall present a reasonedrequesttotheCommission,specifyingthetypeofcontrolsitundertakesto apply to the mill concerned. Within 30 days the Commission shalldecide whether or not to grant approval and shall notify the MemberState concerned of its decision.
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CHAPTER 4
Applications for and grant of aid
Article 12
1. Aid applications may 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) thelocation(s)oftheholdingandoftheparcelsonwhichtheolives
were harvested, with a reference to the crop declaration;
(d) theapprovedmill(s)atwhichtheoilwasproduced,withdetailsof
the quantities of olives used and of oil produced by each mill;
(e) where appropriate, from the 1999/2000 crop year, the quantity of
olivessuppliedtoatableoliveprocessingfirm,indicatingthefirm’sreferences.
Aidapplicationsmustbeaccompaniedbyacertificatefromthemill,the
form and content of which shall be decided by the Member States,corroborating the details referred to under (d).
2. Whereolivegrowershavesoldsomeoralloftheirolives,theaid
applications shall include, in addition to the information specified inparagraph 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. Aidapplicationsshallbesubmittedbyolivegrowersbefore1July
of each marketing year:
— to the producer organisation, where olive growers are members of
such an organisation,
— tothecompetentauthoritiesoftheMemberStateconcerned,where
olive growers are not members of a producer organisation.
Exceptincasesof force majeure ,whereapplicationsaresubmittedlate,
the aid to which the olive growers would have been entitled had theirapplications been submitted on time shall be reduced by 1% perworking day. Applications submitted more than 25 days late shall beinadmissible.
4. Olivegrowerswishingtoreceivetheadvanceontheaidprovided
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 1
Septemberofeachmarketingyearofthenumberofaidapplicationsandthe quantities of olive oil concerned.
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 was produced.
In such cases, after checking the mill concerned, the latter Member
State shall forward the aid application and the information concerningthecheckatthemilltotheMemberStateoforiginoftheolives.Afterchecking that all the requirements for the grant of the aid have beenmet, the Member State where the olives were harvested shall pay theproduction aid.
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Article 14
1. Olivegrowersshallbeeligibleforaidinrespectofthequantityof
virgin olive oil they actually produce, plus the flat−rate quantity ofolive−residue oil provided for in paragraph 2.
However, the quantity on which aid may be paid in respect of crop
declarationsandaidapplicationsforthe1998/99,1999/2000and2000/01 marketing years in the cases referred to in Article 15 of Regulation(EEC) No 2261/84 and Article 2(3) of Regulation (EC) No 1638/98shall be determined in accordance with Article 15.
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 produced fromthe olives from which the residue has come and in respect of whichentitlement to aid has been recognised in accordance with Article 2(4)of Regulation (EEC) No 2261/84.
3. For the purposes of determining the quantity of virgin olive oil
actually produced, as from the 1998/99 marketing year the competentagency shall take account in particular of:
— thebasicdataintheregisterofolivecultivationorthegeographical
informationsystem(GIS)forolivecultivationasregardsproductionpotential. In areas not currently covered by the olive cultivationregister or the GIS, the information contained in crop declarationsshall be used;
— theinformationfromthecomputerisedfilesreferredtoinArticle27;— 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 1 April following eachmarketing 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)No2261/84wherethequantitycoveredbyaidapplicationsisnotconfirmed by the approved mill, the quantity of oil from that mill onwhich each olive grower concerned is eligible for aid shall be deter-mined by the Member State in accordance with Article 15(4) of thatRegulation.
However, without prejudice to any claims which the olive growers
concerned might make against the mill, the quantity on which aid ispayable may not exceed 75% of the quantity covered by each aidapplication submitted or 75% of the quantity obtained by multiplyingtheaverageyieldsforthehomogeneousproductionzonebythenumberof olive trees concerned. The number of trees shall be established prorataasafunctionofthequantityofoilconcernedincaseswhereaidisrequested for oil obtained in several mills.
2. Wherethenumberoftreesshowninthecropdeclarationisgreater
than that actually found, the quantity on which aid is payable and,whereapplicable,anyotherpenaltiesshallbedeterminedonthebasisofthepercentagebywhichthenumberoftreesdeclaredexceedstheactualnumber 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 shallbeequaltothequantityinquestionmultipliedbythepercentageandby a coefficient given by the following scale:
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Percentageinexcess Coefficient
greater than 0 but not greater than 5 0
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
— wherethepercentageinexcessisgreaterthan55%butnotgreater
than 75%, the olive grower and the parcels concerned shall not beeligible under the aid scheme for the marketing year in question,
— where the percentage in excess is greater than 75%, the olive
growerandtheparcelsconcernedshallnotbeeligibleundertheaidscheme for the marketing year in question or the followingmarketing year.
Article 16
1. Subject to the results of checks carried out, in particular as
referred to in Article 28, the Member States shall pay the advanceprovided for in Article 12 of Regulation (EEC) No 2261/84 from 16October of each marketing year.
2. Aftercarryingoutalltherequisitechecksandsubjecttotheresults
thereof,theMemberStatesshallpaythebalanceoftheaidtoproducerswithin90daysofthefixingbytheCommissionofactualproductionforthemarketingyearconcernedandoftheunitamountofproductionaidas provided for in Article 17a(2) of Regulation (EEC) No 2261/84.
CHAPTER 5
Producer organisations and associations thereof
Article 17
Without prejudice to the other conditions laid down in Article 20c of
RegulationNo136/66/EEC,Chapters3and4ofRegulation(EEC)No2261/84 and this Regulation, producer organisations and associationsthereof may not be recognised unless they have given an undertaking:
(a) tohavetheadministrativestructurerequiredfortheperformanceof
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 reports on 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,tosubmittothecompetentauthorityeachmonththeaidapplications forwarded to them by their members during thepreceding month,
— in the case of organisations which are members of an associa-
tion, to forward to the association each month the aid applica-tionssubmittedtothembytheirmembersduringtheprecedingmonth,
— in the case of associations of producer organisations, to submit
to the competent authority each month the aid applicationsforwardedtothemduringtheprecedingmonthbytheirmemberorganisations.
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Recognitionshalldependonobservanceofalltheconditionssetoutinthis Article.
Article 18
Forthepurposesofverifyingcompliancewiththeconditionlaiddown
inArticle4(2)ofRegulation(EEC)No2261/84,producerorganisationsshall require their members to provide copies of the title deeds,contracts or other documents on the basis of which they manage theirolive groves. Those copies shall be annexed to the producer organisa-tion’s register of members.
Article 19
1. Producerorganisationswhichmakeupanassociationmustrepre-
sentatleastonethirdoftheeconomicregionsreferredtoinArticle4(3)of Regulation (EEC) No 2261/84.
2. The verification provided for in the first indent of Article 10 of
Regulation(EEC)No2261/84shallcover5%ofthecheckscarriedoutby the association’s member producer organisations. Associations shallprepare a detailed report on each check carried out and shall imme-diately forward a copy thereof to the Member State concerned, and tothe 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’cropdeclarationsandanyamendmentstheretotothecompetentagencyof the Member State concerned.
2. Producerorganisationsor,whereappropriate,associationsthereof
shall submit the aid applications for the marketing year in progress tothe competent agency of the Member State concerned before 1 Augustofeachmarketingyear.However,aidapplicationslodgedlatebyolivegrowers may be submitted by the organisation or association by 14August of each marketing year.
3. AfterconductingthechecksprovidedforinArticle8(1)ofRegu-
lation (EEC) No 2261/84, producer organisations shall forward theirmembers’ applications for advances to the competent agency of theMember 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 withinthe 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.
Inordertodeterminethenumberofmembersofproducerorganisations
to be taken into consideration for the purposes of applying point (a),only members who have submitted at least one application to theorganisation during the period covering the current and the threeprevious marketing years shall be taken into account.
The balance of the aid withheld in accordance with Article 20d of
RegulationNo136/66/EECshallbedividedamongtheproducerorgan-isations on the basis of the quantity of olive oil on which the aid isgranted through each organisation.
WithoutprejudicetoArticle11(3)ofRegulation(EEC)No2261/84,in
caseswhereassociationshavedischargedalltheirresponsibilitiesunderCommunity rules and have not used the entire sum raised by thefinancing arrangement provided for in point (a), they must divide the
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balanceamongtheirmemberproducerorganisationsonthebasisofthe
number of members of such organisations.
2. However, where the aid withheld in accordance with Article
20d(1) of Regulation No 136/66/EEC is not sufficient to grant theamountsresultingfromtheapplicationofparagraph1(a)and(b)totheproducer organisations and associations thereof, the Member Statesconcerned may contribute towards the payment of certain costs arisingfrom the checks carried out by such bodies.
Insuchcases,theMemberStatesmaygrantamountswhichdifferfrom
thosespecifiedinparagraph1(a)and(b)totheproducerorganisationsandassociationsthereof,butinnocircumstancesmaythelatteramountsbe exceeded.
3. AdvancesasprovidedforinArticle11(4)ofRegulation(EEC)No
2261/84 may not exceed:
— inthecaseofassociations,70%ofthesumobtainedbymultiplying
the unit amount fixed for the preceding marketing year pursuant toparagraph1(a)bythenumberofmembersoftheirmemberproducerorganisations, or
— inthecaseofproducerorganisations,70%ofthesumobtainedby
multiplyingtheunitamountfixedfortheprecedingmarketingyearpursuant to paragraph 1(b) by the number of foreseeable applica-tions.
CHAPTER 6
Geographical information system for olive cultivation
Article 22
The geographical information system for olive cultivation provided for
inArticle2(1)ofRegulation(EC)No1638/98,hereinafterreferredtoasthe ‘olive cultivation GIS', shall cover olive growers who havesubmittedcropdeclarationsasprovidedforinArticle1ofthisRegula-tion and aid applications as provided for in Article 12.
Article 23
1. A computerised alphanumerical database shall be established to
recordthefollowinginformationrelatingtoeachagriculturalholdingorparcel, as the case may be:
— the information from crop declarations and aid applications, with
any amendments thereto,
— the quantities of olive oil and, where applicable, of table olives on
which aid has been 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 andcontrol system (IACS), supplemented, where necessary, to cover areasunder 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. Itshall comprise the following three sets of graphical information:
— digital orthophotographs,
— the boundaries of the administrative units and of the parcels as
shown in the land register or, where none exists, in the parcelidentification system established by the Member State,
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— the location of the individual olive trees.
TheMemberStateshallfixtheminimumsizeofolive−growingparcels
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,theMemberStatesshallsetupanalternativesystemtoensurethatdeclarations are valid.
2. The graphical reference database shall apply a homogeneous
projection system to the whole country and shall ensure that thedifferent layers of information are geometrically consistent over spaceand time.
Thegraphicalreferencedatabaseshallbeupdatedperiodicallytoensure
that it contains the most recent information available and that theorthophotographs are no more than five years old.
3. The digital orthophotographs shall comply with the geometrical
standardsformapmakingona1:10000scaleand,fromtheradiometricpointofview,shallhaveamaximumpixelsizeofonemetre.Theyshallcomply 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 1:10000 scale. Inallcases,thesystemintroducedshallpossessthetopologicalpropertiesneededtoprovideeasyaccesstoparcels,monitoringofboundaryfluc-tuations over the four previous marketing years and access to thecharacteristics of parcels in the alphanumerical database.
4. Olivegrowerswhohavelodgedcropdeclarationsmayaccessthe
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 parcels and the number of olive trees in
thegraphicalreferencebaseshallbedeterminedbyanysuitablemeansasdefinedbythecompetentbody,inparticularbyphoto−interpretationofrecent,veryhighresolutionaerialorsatellitephotographs.However,on−the−spotinspections must be conducted where clear results cannotbe obtained by photo−interpretation.
Scattered olive trees shall 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 ofofficial documents available and the local situation.
2. Numbers of olive trees in each as determined by reference to the
graphicalreferencedatabaseshallbecomparedwiththeinformationincrop declarations included in the alphanumerical database.
Where the declared number of olive trees on the holding differs by
more than 3% from the number determined in accordance with para-graph1,thecropdeclarationshallbedeemedtocontainadiscrepancy.
3. Theolivegrowersconcernedshallbenotifiedwheretheirdeclara-
tions contain discrepancies. The growers concerned shall be granted aperiodofgraceofuptothreemonths,attheMemberState’sdiscretion,in which to provide justifications for the discrepancy or, when firstinformed thereof, to amend their declarations.
At the grower’s request, where the justifications provided are insuffi-
cientfortheMemberStatetoacceptthedeclareddata,amendedwhereapplicable,acheckshallbecarriedoutinthepresenceofbothparties,thecostofwhichistobebornebythegrowershouldthedeclareddata,whether or not amended pursuant to the first subparagraph, not beconfirmed.
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4. Thenumberofolivetreesdeterminedforeachparcelshallcorre-spond:
— to the data from the declaration, where applicable as amended
pursuanttoparagraph3,wherenodiscrepanciesarefoundorwhereany discrepancies are smaller than those determined in accordancewith paragraph 1,
— to the data determined in accordance with paragraph 1, where the
olive grower has failed 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 areas calculated in accordance with paragraph 1 and the
numbers of olive trees determined for each parcel, and the totals perholding, 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)
includes the information on all crop declarations and aid applica-tions for the most 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 theparcelscoveredbythedatabaseandincludedinthealphanumericaldatabase;
(c) the numbers of olive trees on parcels in the database referred to at
(a)andthoseinthedatabasereferredtoat(b)havebeencomparedpursuanttoArticle25(2)andthenumberofdeclarationscontainingdiscrepancies making it impossible to determine the data to berecorded pursuant to Article 25(4) represents less than 5% of allcrop declarations.
2. Withoutprejudicetotheresultsofverificationsmadeinthecourse
of clearance of EAGGF accounts, expenditure on setting up the olivecultivation GIS and the periodical updating of the graphical referencedatabase shall be eligible for Community financing for the 1998/99,1999/2000 and 2000/01 marketing years.
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 1November 1998.
By1November1999theCommissionshalldeterminewhethertheolive
cultivationGISforanyregionorMemberStatehasbeencompletedonthe basis of a report from the Member State concerned in accordancewith 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−oilproduc-
tion data provided for in Article 16 of Regulation (EEC) No 2261/84shall include:
(a) thealphanumericaldatabaseandthegraphicalreferencedatabaseof
theolivecultivationGISprovidedforinArticles23and24andtheresults of the checks provided for in Article 25;
(b) the files of new planting containing the information referred to in
Article 5 and the results of the checks provided for in Article 29;
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(c) the files of producer organisations and associations thereof
containingtheinformationreferredtoinArticle16(2)(b)ofRegula-tion (EEC) No 2261/84;
(d) the files of mills containing information on the conditions for
approval referred to in Article 7, the stock records provided for inArticle 8 and the results of the checks provided for in Article 30;
(e) thefilesofthehomogeneousproductionzonescontainingtheinfor-
mation referred to in Article 6.
2. The files referred 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.
TheMemberStatesmayestablishdecentralisedfilesprovidedthelatter
are of homogeneous design, are compatible with each other and areaccessible 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 beeither assigned to the individual persons or bodies concerned once andfor all or automatically convertible to enable aggregates and searchesoverthefivemarketingyearsreferredtointhefirstsubparagraphtobeconducted immediately.
Without prejudice to the checks to be carried out, in particular
cross−checksbetweenfiles,andtheresultstobenotified,thefilesshallcontainarchivesofthehistoricaldataavailableforthemarketingyearspriortothosereferredtointhefirstsubparagraphand,from31October2001 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.
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−checkstoshowthatparcelsdeclaredactuallyexistandto
prevent any duplication of aid granted under this scheme orother 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.
Checks to ensure that the crop declarations and aid applications
tally shall in particular take account of:
— the olive and oil yields fixed in accordance with Article 18 of
thatRegulationforthezoneinwhichtheholdingorholdingsoforigin of the olives pressed are located;
— the average olive and oil yields in municipalities where the
holdingorholdingsoforiginoftheolivespressedarelocated,ifsuch yields are available in the Member States.
In cases where the checks made under the first subparagraph reveal
inconsistencies,theprocedurelaiddowninArticle25(2)and(3)forthenumberofolivetreesshallapply mutatis mutandis totheotheranoma-
lousormissinginformation.However,thequantityofoilforwhichaidhas been requested may not be changed.
2. Notwithstanding the first subparagraph of paragraph 1, in regions
where the olive cultivation GIS has not yet been completed,on−the−spotinspectionsshallbeconductedon1%ofallcropdeclara-
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tions in the 1998/99 marketing year, 5% in 1999/2000 and 10% in2000/01.
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 previous two marketing years.
3. During the on−the−spot checks, all the information in crop
declarations and aid applications shall be verified, and in particular:
— the location of each parcel and the number of olive trees therein,
— the destination of the oil in the case referred to in Article 10(1),— consistencybetweentheolivetreesonholdingsandthequantityof
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,whereapplicable,forthenumberoftreesdeclaredoverandabovethenumberoftreesdeterminedinaccordancewithArticle25(4)or found during the checks referred to in paragraphs 1 and 2.
That percentage in relation to the number of trees determined shall be
equal to the difference between the number of trees declared and thenumber determined, where that difference is greater than zero, multi-plied by 100.
Article 29
1. Where there is insufficient proof or where there is doubt, the
Member States shall conduct on−the−spotchecks before 1 November1999 of declarations as provided for in Article 5(1).
Plantingandgrubbingoperationscarriedoutintheperiodfrom1May
to31October1998shallbedeterminedonthebasisofalltheinforma-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,particularly as regards the size of trees. Once all the checks have beenmade, growers shall be given the benefit of the doubt.
2. At least 10% of declarations as provided for in Article 5(2) and
(3)inrespectofeachmarketingyearshallbecheckedbeforetheendofthe following marketing year.
Article 30
1. From the 1998/99 marketing year, the checks as provided for in
Article14(3)ofRegulation(EEC)No2261/84shallincludeanin−depthcheck of the consistency of the information and data supplied for eachmarketingyearbyatleast30%ofapprovedmillsselectedonthebasisofriskanalysis.However,thenumberofchecksineachMemberStateshall not be less than the number of checks on mills carried out underthe 1997/98 marketing year.
Inaddition,toestablishthattheinformationisrecordedandthecondi-
tions for approval are met, cursory checks shall be conducted at thefollowing percentages of the mills at least:
— 5% in 1998/99,
— 10% in 1999/2000,— 20% in 2000/01.
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;
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(c) comparisons between the quantities in the stock records and the
overall quantities in the aid applications lodged by the olivegrowers concerned;
(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,foratleast10%ofin−depthchecks,theMemberState
shall check the suppliers of goods or services or the consignees of theoiloroftheoliveresiduereferredtoinArticle10orinArticle9(1)(g)respectively.
Iftheconsigneeoftheoiloroftheoliveresiduerefusestosubmittothe
check,orifthecompetentbodyhasevidenceshowingthatdeliverywasnot taken of the oil or olive residue in question:
— inthecasereferredtoinArticle10(1),heshallbeliabletopaythe
Member State an amount double that of the aid for the quantity ofoil concerned,
— inthecasereferredtoinArticle10(2),theMemberStateshallapply
a penalty commensurate with the quantity of oil concerned.
Amounts collected by the Member State shall be deducted from the
expenditureoftheEuropeanAgriculturalGuidanceandGuaranteeFundby the paying bodies or departments in the Member State.
Article 31
Where an agency is entrusted with the task of carrying out checks as
provided for in this Regulation, such checks shall be shown in theagency’s work schedule drawn up in accordance with Articles 3 and 4of Regulation (EEC) No 27/85.
NotwithstandingArticle4(1)and(2)ofRegulation(EEC)No27/85,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 thecorresponding budget shall be approved definitively by the MemberState concerned by 15 January 1999 at the latest.
CHAPTER 8
General
Article 32
ProducerMemberStatesshalltakeallmeasuresnecessarytoinformthe
olivegrowers,themillsandtheotheroperatorsconcernedofthepenal-ties provided for in or pursuant to the Community regulations, inparticular for cases where crop declarations or aid applications do notcorrespond to the truth.
Producer Member States shall forward provisions adopted pursuant to
this Regulation to the Commission immediately.
Before 1 January 2000 and 1 January 2001, producer Member States
shall present a summary report of the number of checks carried outunder Articles 28, 29 and 30, the number of cases where adjustmentwas required, with an indication of the information or quantitiesconcerned,andthepenaltiesimposedorunderconsideration,alongwitha brief assessment of the control arrangements set up and any difficul-ties encountered.
Article 33
Regulation(EEC)No2276/79isrepealedwitheffectfrom1November
1999.
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Regulation (EEC) No 3061/84 shall continue to apply solely to meas-uresrelatingtomarketingyearspriorto1998/99until31October1999.It is repealed with effect from 1 November 1999.
Article 34
This Regulation shall enter into force on 1 November 1998.
ThisRegulationshallbebindinginitsentiretyanddirectlyapplicablein
all Member States.