1993R2837 — EN — 24.12.1993 — 001.001 — 1
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►B COMMISSION REGULATION (EEC) No 2837/93
of 18 October 1993
layingdowndetailedrulesfortheapplicationofCouncilRegulation(EEC)No2019/93withregard
to the maintenance of olive groves in traditional olive-growing areas
(OJ L 260, 19.10.1993, p. 5)
Amended by:
Official Journal
No page date
►M1Commission Regulation (EC) No 3499/93 of 20 December 1993 L319 22 21.12.1993
1993R2837 — EN — 24.12.1993 — 001.001 — 2
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COMMISSION REGULATION (EEC) No 2837/93
of 18 October 1993
layingdowndetailedrulesfortheapplicationofCouncilRegulation
(EEC)No2019/93withregardtothemaintenanceofolivegrovesin
traditional olive-growing areas
THE COMMISSIONOF THE EUROPEANCOMMUN ITIES,
Having regard to the Treaty establishing the European EconomicCommunity,
Having regard to Council Regulation (EEC) No 2019/93 of 19 July
1993 introducing specific measures for the smaller Aegean Islandsconcerningcertainagriculturalproducts(
1),andinparticularArticle11
(2) thereof,
Whereas Regulation (EEC) No 2019/93 provides for the grant of a
flat-rate annual aid per hectare to maintain olive groves in traditionalolive growing areas, provided that the olive groves are kept and main-tained in good production conditions; whereas, therefore, the detailedrules for applying the aid scheme in question, including the conditionsgoverning the grant of aid and the provisions relating to inspection,should be laid down;
Whereas, given the variations in growing conditions and traditional
practicesintheregionsconcerned,theconditionsforthepropermainte-nance of olive groves must be based on the maintenance work recog-nized as necessary according to local practices and traditions;
WhereasthemeasuresprovidedforinthisRegulationareinaccordance
with the opinion of the Management Committee for Oils and Fats,
HAS ADOPTED THIS REGULATION:
Article 1
The flat-rate aid per hectare to maintain olive groves, provided for in
Article11ofRegulation(EEC)No2019/93,shallbegrantedforareas:
(a) with a minimum density of 50 trees per hectare;
(b) inwhichtheworkrecognizedasnecessary,inaccordancwithlocal
practices and traditions, for the maintenance of the olive groves ingood condition is carried out in an appropriate manner;
(c) which, in the case of olive groves for the production of olive oil,
havebeenthesubjectofacropdeclarationpursuanttoArticle3ofCouncil Regulation (EEC) No 2261/84(
2);
(d) which have been the subject of an aid application, in accordance
with Article 2.
Article 2
1. The producers concerned shall lodge an aid application with the
competent body by 15 June of each year at the latest. However, for1993 the said application shall be lodged by 30 November 1993 at thelatest.
Exceptinthecaseof force majeure, whereanapplicationislodgedafter
theduedatetheamountofaidtowhichtheproducerwouldhavebeenentitledhadtheapplicationbeenlodgedinduetimeshallbereducedby1%perworkingday.Ifthedelayexceeds20daystheapplicationshallbe inadmissible.
(1) OJ No L 184, 27. 7. 1993, p. 1.
(2) OJ No L 208, 3. 8. 1984, p. 3.
1993R2837 — EN — 24.12.1993 — 001.001 — 3
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Theaidshallbepaidoutduringtheperiod16Octoberto30Novemberof each year. However, for 1993 payment shall be made by ►
M131
January 1994 ◄at the latest.
2. The aid application shall include at least the following:
— the surname, forenames and address of the applicant,— the surfaces areas under cultivation, in hectares,— the number of olive trees involved,— in the case of olive groves for the production of olive oil, the
reference for the last crop declaration submitted,
— the land register reference of the surface areas or an equivalent
referencerecognizedbythebodyresponsibleforcheckingtheareas.
Article 3
Greeceshallcarryoutadministrativeandon-the-spotchecksinorderto
verifythattheconditionsforthegrantingoftheaidhavebeencompliedwith.
Theon-the-spotchecksshallinclude,foreachNomos,atleast10%of
the aid applications submitted. However, this percentage shall belimitedto5%inthefirstyearofapplication.Ifasignificantnumberofirregularities is detected in a given Nomos, the competent authoritiesshallcarryoutfurtherchecksintheyearinquestionandshallincreasethe percentage of applications to be checked in the following year forthat Nomos.
Theapplicationsselectedforon-the-spotchecksshallbedeterminedby
thecompetentauthority,notablyonthebasisofariskanalysis,subjectto efforts to ensure the selection of a representative sample.
The on-the-spot checks shall involve:
— measurement of all the areas covered by the application,— verification of the upkeep of the olive groves in good production
conditions,
— verification of compliance with the minimum density requirement.
Article 4
1. Ifitisfoundthattheactualareaexceedstheareadeclaredinthe
aid application, the aid shall be calculated on the basis of the areadeclared.
2. If the checks shows that the area declared exceeds that actually
observed by a maximum of 20 %, the aid shall be calculated on thebasis of the area actually observed, less the excess which has beenidentified.
3. Iftheexcessisgreaterthanthelimitlaiddowninparagraph2,the
applicationfortheyearinquestionshallberejected.Furthermore,iftheapplication has been deliberately falsified or the applicant has beenguiltyofseriousnegligenceincompletingit,heshallnotbeeligibleforaid the following year.
4. Theaidshallnotbegrantediftheconditionsrelatingtotheproper
upkeepoftheolivegrovesortotheminimumdensityarenotcompliedwith.
5. If the check cannot be undertaken by virtue of some act of the
applicant,theaidshallnotbegrantedfortheyearinquestion,exceptincasesof force majeure .Theinterestedpartymustsupplythecompetent
authorities with written evidence of the factors constituting force
majeurewithin 10 days of the date laid down for the inspection.
Article 5
By 31 December of each year Greece shall notify the Commission of:
1. thenumberofaidapplicationsandareasinreceiptofaid,inhectares
and by Nomos;
1993R2837 — EN — 24.12.1993 — 001.001 — 4
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2. the percentage of applications and areas checked;
3. thenumberofapplicationsandirregularitiesandtheareasinvolved.
However, the information must be supplied for 1993 by ►M131
March 1994 ◄at the lastest.
Article 6
1. In cases where aid has been paid unduly, the competent depart-
ments shall recover the amounts paid, plus interest running from thedateofpaymentuntilthatofactualrecovery.Theinterestrateshallbethat in force for similar recovery operations under national law.
2. The aid recovered and any interest shall be made over to the
paying department or agencies, which shall make a deduction propor-tionatetotheCommunityfinancingratefromthevolumeofexpenditurefinanced by the European Agricultural Guidance and Guarantee Fund.
Article 7
This Regulation shall enter into force on the third day following its
publication in the Official Journal of the European Communities .
ThisRegulationshallbebindinginitsentiretyanddirectlyapplicablein
all Member States.