1984R2262 — EN — 27.11.2001 — 005.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B COUNCIL REGULATION (EEC)No 2262/84
of 17 July 1984
laying down special measures in respect of olive oil
(OJ L 208, 3.8.1984, p. 11)
Amended by:
Official Journal
No page date
►M1 Council Regulation (EEC) No 3788/85 of 20 December 1985 L 367 1 31.12.1985
►M2 Council Regulation (EEC) No 3386/85 of 3 November 1986 L 310 17 5.11.1986
►M3 Council Regulation (EEC) No 3462/87 of 17 November 1987 L 329 2 20.11.1987
►M4 Council Regulation (EEC) No 3880/88 of 12 December 1988 L 346 12 15.12.1988
►M5 Council Regulation (EEC) No 200/90 of 22 January 1990 L 22 6 27.1.1990
►M6 Council Regulation (EEC) No 593/92 of 3 March 1992 L 64 1 10.3.1992
►M7 Council Regulation (EC) No 533/97 of 17 March 1997 L 83 1 25.3.1997
►M8 Council Regulation (EC) No 2599/97 of 18 December 1997 L 351 17 23.12.1997
►M9 Council Regulation (EC) No 150/1999 of 19 January 1999 L 18 7 23.1.1999
►M10 Council Regulation (EC) No 2292/2001 of 20 November 2001 L 308 1 27.11.2001
NB: This consolidated version contains references to the European unit of account and/or the ecu, which from 1 January 1999
should be understood as references to the euro — Council Regulation (EEC) No 3308/80 (OJ L 345, 20.12.1980, p. 1) andCouncil Regulation (EC) No 1103/97 (OJ L 162, 19.6.1997, p. 1).
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COUNCIL REGULATION (EEC)No 2262/84
of 17 July 1984
laying down special measures in respect of olive oil
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic
Community, and in particular Article 43 thereof,
Having regard to the proposal from the Commission (1),
Having regard to the opinion of the European Parliament (2),
Having regard to the opinion of the Economic and Social Committee (3),
Whereas Article 5 of Council Regulation No 136/66/EEC of 22
September 1966 on the establishment of a common organization of the
market in oils and fats (4), as last amended by Regulation (EEC) No
2260/84 (5), introduced a system of production aid for olive oil; whereas
this aid in respect of areas under olives at a certain date is granted togrowers who are members of the producer organizations specified inArticle 20c (1) of Regulation (EEC) No 136/66/EEC and whose average
production is at least 100 kilograms of oil per marketing year and to
other growers on the basis of the number and production potential ofolive trees and of the yields of such trees, as determined according to astandard method, and provided that the olives produced have actuallybeen harvested;
Whereas experience has shown that, despite the existence of rules
providing for numerous specific controls, there are problems as regardsensuring timely and effective control; whereas this could lead to anunwarranted financial burden on the Community;
Whereas, in the present situation, special measures should therefore be
laid down to ensure that the production aid scheme is applied correctlyand in a uniform manner;
Whereas experience has shown administrative structures in the producer
Member States to be inadequate to implement the controls provided for
in the Community rules; whereas these Member States must thereforeset up administratively autonomous bodies to perform these tasks;whereas, since the Member States are required to set up at short noticespecial structures to perform tasks going beyond the controls to be
undertaken by Member States pursuant to Council Regulation (EEC) No
729/70 of 21 April 1970 on the financing of the common agriculturalpolicy (
6), as last amended by Regulation (EEC) No 3509/80 (7),
provision should be made for financial contribution from the Commu-nity over a certain period;
Whereas there is a relationship between effective control arrangements
and the sanctions applicable in cases where a breach of the regulationscomes to light; whereas the present arrangements concerning sanctionsshould be stiffened and supplemented in order to produce a greaterdeterrent effect, having regard to the specific characteristics of the
common organization of the market in olive oil; whereas, accordingly,
Member States should apply a system of sanctions in cases wherediscrepancies in connection with the production aid scheme come tolight; whereas, in order to ensure that the sanctions in question areapplied properly and in a uniform manner, certain specific cases shouldbe defined in which sanctions are applicable,1984R2262 — EN — 27.11.2001 — 005.001 — 2
(1) OJ No C 249, 17. 9. 1983, p. 5.
(2) OJ No C 104, 16. 4. 1984, p. 92.
(3) OJ No C 23, 30. 1. 1984, p. 20.
(4) OJ No 172, 30. 9. 1966, p. 3025/66.
(5) OJ No L 208, 3. 8. 1984, p. 1.
(6) OJ No L 94, 28. 4. 1970, p. 13.
(7) OJ No L 367, 31. 12. 1980, p. 87.
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HAS ADOPTED THIS REGULATION:
Article 1
1. Each producer Member State shall, in accordance with its legal
structure, set up a specific agency for the purpose of carrying out certain
activities and checks in connection with Community aid for olive oil,
except for export refunds.
However, Member States whose production is less than 3000 tonnes
over a reference period to be determined shall not be required to set up
an agency. In that case the Member States concerned shall take allrequisite measures to ensure that the tasks of the agency mentioned inthis Article are carried out.
2. In order to ensure that Community rules in respect of olive oil are
correctly applied, an agency as referred to in paragraph 1 shall, inaccordance with the work schedule referred to in paragraph 4:
— check that the work of the producer organizations and associations
complies with Council Regulation (EEC) No 2261/84 of 17 July1984 laying down general rules on the granting of aid for the
production of olive oil and of aid to olive oil producer organiza-
tions (
1);
— verify the accuracy of the data set out in the crop declarations and
aid applications, without prejudice to the checks carried out by the
Member State pursuant to Article 14 of Regulation (EEC) No 2261/
84;
— conduct checks of approved mills;
— carry out checks on the end-use of olive oil and olive-residue oil and
on the end-use of their by-products;
— monitor the approved packaging plants, in accordance with Article 7
of Council Regulation (EEC) No 3089/78 of 19 December 1978
laying down general rules in respect of aid for the consumption ofolive oil (
2) and, where necessary, the professional bodies recognized
under Article 11(3) of Regulation No 136/66/EEC;
— collect, verify and process, at national level, the data required for
ascertaining the yields mentioned in Article 18 of Regulation (EEC)No 2261/84;
— carry out checks, if need be, on the origin of imported olive oil and
olive-residue oil.
On its own initiative or at the Commission's request, the Member State
may instruct the agency, in accordance with the work schedule referred
to in paragraph 4, to:
— conduct statistical surveys into the production, processing and
consumption of olive oil and olive-residue oil;
— monitor the buying-in, storage and sale of olive oil by the
intervention agencies referred to in Articles 12 and 13 of Regulation
No 136/66/EEC;
— monitor the storage operations carried out under Article 20 d (3) of
Regulation No 136/66/EEC;
— monitor the firms manufacturing preserved products in accordance
with Article 8 of Council Regulation No 591/79 of 26 March 1979laying down general rules concerning the production refund for olive
oils used in the manufacture of certain preserved foods (
3);
— conduct specific surveys in the olive oil sector.1984R2262 — EN — 27.11.2001 — 005.001 — 3
(1) OJ No L 208, 3. 8. 1984, p. 3. Regulation last amended by Regulation (EEC)
No 3500/90 (OJ No L 338, 5. 12. 1990, p. 3).
(2) OJ No L 369, 29. 12. 1978, p. 12. Regulation last amended by Regulation
(EEC) No 3461/87 (OJ No L 329, 20. 11. 1987, p. 1).
(3) OJ No L 78, 30. 3. 1979, p. 2. Regulation last amended by Regulation (EEC)
No 2903/89 (OJ No L 280, 29. 9. 1989, p. 3).▼M6
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3. The agency shall be given full administrative autonomy. It shall be
given full powers by the Member State concerned to carry out the tasksspecified in paragraph 2.
Its staff shall consist of officials, the number and level of training of
whom shall be suited to the tasks referred to above.
The Commission may take part in the discussions held by the agency's
management. Its representative shall not vote.
4. Before the beginning of each marketing year, the Member State
concerned shall, acting on a proposal from the agency, draw up budgetestimates and a work schedule designed to ensure that ►
M6the
Community rules in respect of olive oil are ◄is (SIC! are) correctly
applied; the budget and schedule shall be forwarded by the Member
State to the Commission. The Commission may request the Member
State, without prejudice to the responsibilities of the latter, to make anychange in the provisional budget or work schedule which it considersappropriate.
Persons designated by the Commission may at any time monitor any of
the work carried out by the agency,
The agency shall submit to the Member State and the Commission
regular reports on the work which it has carried out. Such reports shall
mention any problems encountered and, where appropriate, suggestionsas to how to improve the checking arrangements.
Member States shall act upon the agency's findings as promptly as
possible.
They shall regularly communicate to the Commission details of the
action taken and the sanctions applied as a result of the agency's findingson the basis of its checks.
The communication shall not affect the application of Article 3 of
Council Regulation (EEC) No 595/91 of 4 March 1991 concerningirregularities and the recovery of sums wrongly paid in connection withthe financing on the common agricultural policy and the organization ofan information system in this field and repealing Regulation (EEC) No
283/72 (
1).
5. Over a period of five years from 1 November 1984, the following
percentages of the agency's actual expenditure shall be chargeable to thegeneral budget of the European Communities:
— in the case of Italy, 100 % for the first three years, up to a maximum
of Ecu 14 million, and 50 % for the fourth and fifth years,
— in the case of Greece, 100 % up to a maximum of Ecu 7 million.
Over a period of three years from 1 November 1989, 50 % of the actual
expenditure of the Italian and the Greek agencies shall be chargeable tothe general budget of the European Communities.
In the case of Spain and Portugal, 100 % of the agency's actual
expenditure during the period from 1 March 1986 to 31 October 1990shall be covered by the general budget of the European Communities upto a maximum of Ecu 9 300 000 for Spain and Ecu 4 700 000 for
Portugal. During the period from 1 November 1990 to 31 October 1992,
50 % of the expenditure in question shall be covered by the said budget.
Over a period of five years from 1 November 1992, 50 % of the agency's
actual expenditure shall be chargeable to the general budget of theEuropean Communities.1984R2262 — EN — 27.11.2001 — 005.001 — 4
(1) OJ No L 67, 14. 3. 1991, p. 11.▼M6
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50 % of the agencies' actual expenditure over a period of ►M10 six
years◄starting from the 1999/2000 marketing year shall be covered
by the general budget of the European Communities.
In 2003 the Commission shall examine the need to maintain the
Community contribution in the agencies' expenditure and, whereappropriate, shall present a proposal to the Council in the context ofthe decision on the common organisation of the market provided for inArticle 3(2) of Regulation (EC) No 1638/98. In accordance with the
procedure provided for in Article 37(2) of the Treaty, the Council shall
decide on any financing of the expenditure in question in the context ofthe said decision.
6. The annual amount representing the actual expenditure referred to
in paragraph 5 shall be decided upon by the Commission on the basis of
the particulars provided by the Member States concerned. The amount in
question shall be granted when the Commission is satisfied that theagency►
M6 ◄has performed the work assigned to it.
In order to facilitate ►M6 ◄operation of the agency, the
amount in question may be paid in advance in the form of instalmentsduring the year in question, in accordance with the agency's annualbudget, the latter being drawn up with the agreement of the MemberState and the Commission before the end of October of each followingyear.
Article 2
Under Article 11a of Regulation No 136/66/EEC, producer Member
States shall take specific and appropriate measures in order to penalize
any breaches of the production-aid arrangements, particularly where ithas been noted that:
(a) the figures which appear in the crop declaration referred to in Article
3 of Regulation (EEC) No 2261/84 do not correspond to the actual
situation;
(b) the quantity of oil eligible for aid is less than that applied for by
growers►
M6 ◄who are entitled to aid in relation to
the quantity of olive oil actually produced;
(c) a producer organization or an association of such organizations has
not fulfilled the obligations arising under this Regulation;
(d) a mill has not fulfilled the obligations arising under
►M6Regulation (EEC) No 2261/84 ◄.
Article 2a
Under Article 11a of Regulation No 136/66/EEC, Member States shall
take specific and appropriate measures to apply sanctions in the event ofany breaches of the consumption aid arrangements, particularly where it
is noted that:
— an approved packaging plant has not fulfilled the obligations arising
under Regulation (EEC) No 3089/78, in particular in the casesprovided for in Article 3;
— a recognized professional organization has not fulfilled the
obligations arising under the said Regulation.
Member States, where they are concerned, shall take specific and
appropriate measures to apply sanctions in the event of any breaches ofthe arrangements set out in Articles 12, 13, 20 a and 20 d of RegulationNo 136/66/EEC.1984R2262 — EN — 27.11.2001 — 005.001 — 5
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Article 3
1. For the purpose of implementing the provisions of Article 2, the
Member States shall apply the following measures at least:
(a) in the case referred to in Article 2 (a), where the inaccurate crop
declaration includes an increase in the olive oil production potential
in question which does not correspond to the actual situation, thegrower concerned must pay an amount which is related to theresulting increase in potential and is sufficiently dissuasive;
(b) in the case referred to in Article 2 (b), the Member State concerned
shall recover any amounts which may have been paid in error inrespect of the aid and the grower concerned must pay an amount
which is sufficiently dissuasive and is related to the amount of the
aid applied for in respect of the quantity of oil not recognized aseligible.
2. In the cases referred to in paragraph 1, and without prejudice to
Article 20c of Regulation No 136/66/EEC, if the producer organizationto which the grower belongs did not in accordance with its obligationscorrectly check the individual application for aid and the cropdeclaration, it shall be jointly and severally liable for payment of theamounts referred to in paragraph 1.
3. Where, in cases referred to in paragraph 1, the irregularities
recorded have minimal repercussions, the Member States concernedneed not require growers to pay the amounts referred to in paragraph 1.
Article 4
1. Where a producer organization or an association of such
Organizations has failed to carry out the checks for which it is
responsible under Articles 6, 8 and 10 of Regulation (EEC) No 2261/84,
the Member State concerned shall withdraw recognition for a period ofbetween one and five marketing years.
2. Without prejudice to Article 2, if a check at a mill shows
irregularities including a substantial difference between the quantities ofolives pressed or oil produced and the quantities shown in the stockrecords, or inadequacy in the stock records, or in communicationthereof, the Member State concerned shall withdraw approval from themill in question for a period of between one and five marketing years.
3. For the purpose of determining the period for which recognition or
approval is to be withdrawn, the competent authority shall take intoaccount both the gravity and the duration of the infringement.
4. Throughout the period covered by the withdrawal of recognition or
approval referred to in paragraphs 1 and 2, no new recognition orapproval may be granted by the Member State concerned following anapplication intended to circumvent the sanction imposed.
Should the withdrawal of a mill's approval have serious consequences
for the pressing facilities in a given production zone, it may be decidedto allow the mill to operate under special arrangements.
Article 5
Detailed rules for the application of this Regulation shall be adopted in
accordance with the procedure laid down in Article 38 of Regulation No
136/66/EEC.
Article 6
Member States shall communicate to the Commission the measures they
have taken pursuant to this Regulation.
Article 7
This Regulation shall enter into force on the day of its publication in the
Official Journal of the European Communities .
It shall apply from 1 November 1984.1984R2262 — EN — 27.11.2001 — 005.001 — 6
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This Regulation shall be binding in its entirety and directly applicable in
all Member States.1984R2262 — EN — 27.11.2001 — 005.001 — 7