1993R2837 — EN — 20.01.2003 — 003.001 — 1
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►B COMMISSIONREGULATION(EEC)No2837/93
of18October1993
laying down detailed rules for the application of Council Regulation (EEC) No 2019/93 with
regard tothemaintenanceofolivegrovesintraditionalolive-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 L 319 22 21.12.1993
►M2Commission Regulation (EC) No 2813/94 of 18 November 1994 L 298 24 19.11.1994
►M3Commission Regulation (EC) No 2384/2002 of 30 December 2002 L 358 124 31.12.2002
▼B
COMMISSIONREGULATION(EEC)No2837/93
of18October 1993
laying down detailed rules for the application of Council Regula-
tion (EEC) No 2019/93 with regard to the maintenance of olive
grovesintraditionalolive-growing areas
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
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 Islands
concerning certain agricultural products(
1), and in particular Article 11
(2) thereof,
WhereasRegulation (EEC) No 2019/93 providesfor the grant of a flat-
rate annual aid per hectare to maintain olive grovesin traditional olivegrowing areas, provided that the olive groves are kept and maintainedin good production conditions; whereas, therefore, the detailed rules forapplying 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
practicesin the regionsconcerned, the conditionsfor the proper main-
tenance of olive groves must be based on the maintenance workrecognized as necessary according to local practices and traditions;
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
The flat-rate aid per hectare to maintain olive groves, provided for in
Article 11 of Regulation (EEC) No 2019/93, shall be granted for areas:
(a) with a minimum density of 80 trees per hectare. The density shall
be calculated in respect of each parcel of the holding under olivetrees;
(b) in which the work recognized as necessary, in accordanc with local
practicesand traditions , for the maintenance of the olive grovesin
good condition iscarried out in an appropriate manner;
(c) which, in the case of olive groves for the production of olive oil,
have been the subject of a crop declaration pursuant to Article 3of Council Regulation (EEC) No 2261/84(
2);
(d) which have been the subject of an aid application, in accordance
with Article 2;
(e) that are of a minimum size as established by the second subpara-
graph of Article 24(1) of Commission Regulation (EC) No 2366/98(
3).
Article 2
1. The producersconcerned s hall lodge an aid application with the
competent body by 15 June of each year at the latest. However, for1993R2837 — EN — 20.01.2003 — 003.001 — 2
(1) OJ No L 184, 27. 7. 1993, p. 1.
(2) OJ No L 208, 3. 8. 1984, p. 3.
(3) OJ L 293, 31.10.1998, p. 50.▼M2
▼B
▼M3
▼B
▼B
1993 the said application shall be lodged by 30 November 1993 at the
latest.
Except in the case of force majeure, where an application islodged
after the due date the amount of aid to which the producer wouldhave been entitled had the application been lodged in due time shallbe reduced by 1 % per working day. If the delay exceeds20 daystheapplication shall be inadmissible.
The aid shall be paid out during the period 16 October to 30 November
of 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 treesinvolved,— in the case of olive groves for the production of olive oil, the refer-
ence for the last crop declaration submitted,
— the land register reference of the surface areas or an equivalent
reference recognized by the body responsible for checking the
areas.
Article 3
Greece shall carry out administrative and on-the-spot checks in order to
verify that the conditionsfor the granting of the aid have been
complied with.
The on-the-spot checks shall include, for each Nomos, at least 10 % of
the aid applications submitted. However, this percentage shall belimited to 5 % in the first year of application. If a significant number
of irregularitiesisdetected in a given Nomos , the competent authorities
shall carry out further checks in the year in question and shall increasethe percentage of applicationsto be checked in the following year forthat Nomos.
The applications selected for on-the-spot checks shall be determined by
the competent authority, notably on the basis of a risk analysis, 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 grovesin good production
conditions,
— verification of compliance with the minimum density requirement.
Article 4
1. If it isfound that the actual area exceedsthe area declared in the
aid application, the aid shall be calculated on the basis of the area
declared.
2. If the checkss howsthat the area declared exceedsthat actually
observed by a maximum of 20 %, the aid shall be calculated on the
basis of the area actually observed, less the excess which has been
identified.
3. If the excess is greater than the limit laid down in paragraph 2,
the application for the year in question shall be rejected. Furthermore,if the application hasbeen deliberately fals ified or the applicant has
been guilty of serious negligence in completing it, he shall not be
eligible for aid the following year.
4. The aid shall not be granted if the conditions relating to the
proper upkeep of the olive grovesor to the minimum dens ity are not
complied with.
5. If the check cannot be undertaken by virtue of some act of the
applicant, the aid shall not be granted for the year in question, exceptin cases of force majeure . The interested party must supply the compe-1993R2837 — EN — 20.01.2003 — 003.001 — 3
▼B
tent authoritieswith written evidence of the factorscons tituting force
majeure within 10 daysof the date laid down for the ins pection.
Article 5
By 31 December of each year Greece shall notify the Commission of:1. the number of aid applicationsand areasin receipt of aid, in
hectaresand by Nomos ;
2. the percentage of applicationsand areaschecked;
3. the number of applicationsand irregularitiesand the areasinvolved.
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 the
date of payment until that of actual recovery. The interest rate shall
be that 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-tionate to the Community financing rate from the volume ofexpenditure financed by the European Agricultural Guidance and Guar-
antee Fund.
Article 7
ThisRegulation s hall enter into force on the third day following its
publication in the Official Journal of the European Communities .
ThisRegulation s hall be binding in itsentirety and directly applicable
in all Member States.1993R2837 — EN — 20.01.2003 — 003.001 — 4