1982R1413 — EN — 01.11.1982 — 001.001 — 1
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►B COUNCILREGULATION(EEC)No1413/82
of18May1982
amending Regulation No 136/66/EEC on the establishment of a common organization of the
marketinoilsandfats
(OJ L 162, 12.6.1982, p. 6)
Amended by:
Official Journal
No page date
►M1Council Regulation (EEC) No 2958/82 of 4 November 1982 L 309 28 5.11.1982
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COUNCILREGULATION(EEC)No1413/82
of18May1982
amending Regulation No 136/66/EEC on the establishment of a
commonorganizationofthemarketinoilsandfats
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European EconomicCommunity, and in particular Article 43 thereof,
Having regard to the proposal from the Commission,Having regard to the opinion of the European Parliament(
1),
Having regard to the opinion of the Economic and Social
Committee(2),
WhereasArticle 4 (3) and Article 22 (3) of Regulation No 136/66/
EEC(3), aslas t amended by Regulation (EEC) No 3454/80(4), fixed
the datesfor the beginning and the end of the marketing yearsfor oliveoil, and for colza and rape seed and sunflower seed respectively;
Whereas, in certain cases, it may prove necessary to alter the dates in
question at relatively short notice; whereas, therefore, the appropriate
procedure for such alterations should be laid down;
Whereas Article 5 of Regulation No 136/66/EEC introduced a system
of production aid for olive oil produced in the Community; whereas
thisaid, which dependson the quantity of oil actually produced, is
granted to olive growerswho are membersof a producer groupbelonging to an association recognized pursuant to Regulation (EEC)No 1360/78(
5), aslas t amended by Regulation (EEC) No 3086/81(6),
and Regulation No 136/66/EEC, and to individual olive growerswhosubmit to checks by such an association;
WhereasRegulation (EEC) No 2989/81(
7) deferred application of the
abovementioned system until the beginning of the 1982/83 marketingyear and maintained in force, for the current marketing year, thetemporary measures which applied to olive-oil producer organizations
during the three preceding marketing years;
Whereas, in view of the problems of implementing Regulation (EEC)
No 1360/78 in certain Member States, it is to be feared that the systemprovided for in that Regulation will not be applied in the near future;whereas, moreover, a system based on the action of the associations
does not seem well suited to the special structure of olive-oil produc-
tion in Greece;
Whereas the aid system cannot be effectively managed on the basis of
the temporary measures currently applied to producer organizations;
Whereas, this being the case, a specific system should be introduced, as
from the 1982/83 marketing year and asa permanent arrangement,based on olive grower groups or associations thereof, which would beresponsible for carrying out certain operations relating to the imple-
mentation of the aid system;
Whereas, since the associations are to make more rigorous checks on
the production of growerswho are membersof the groupsbelongingto such associations, the latter should be paid the advance on theamount of the aid;1982R1413 — EN — 01.11.1982 — 001.001 — 2
(1) OJ No C 104, 26. 4. 1982, p. 25.
(2) OJ No C 114, 6. 5. 1982, p. 1.
(3) OJ No 172, 30. 9. 1966, p. 3025/66.
(4) OJ No L 360, 31. 12. 1980, p. 16.
(5) OJ No L 166, 23. 6. 1978, p. 1.
(6) OJ No L 310, 30. 10. 1981, p. 3.
(7) OJ No L 299, 20. 10. 1981, p. 15.
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Whereas, in addition, Article 22 of Regulation No 136/66/EEC
providesfor the fixing of a target price and an intervention price foroilseeds;
Whereasthe trend in the production of colza and rape s eed hasgiven
rise to certain marketing difficulties and has placed a heavy burden onthe Community budget; whereas, unless fresh measures are taken, thistrend will certainly become more pronounced; whereas steps shouldalso be taken to avoid the undesirable consequences for this sector
which might result from the measures to limit the Community produc-
tion for competing agricultural products; whereas the fixing of amaximum level for production and a reduction of the price guaranteefor the following marketing year if thislevel wasexceeded may helpto redirect the Community guarantee and thuslighten the burden onthe Community budget; whereasany reduction in the Community guar-
antee must depend on the extent to which the guarantee thereshold has
been exceeded but should not exert excessive pressure on the incomesof producers;
Whereas it is therefore necessary to adjust the target price and the
intervention price according to the extent by which the said maximumlevel isexceeded,
HAS ADOPTED THIS REGULATION:
Article 1
Regulation No 136/66/EEC ishereby amended asfollows :1. Article 4 (3) shall be replaced by the following:
‘3. Save asotherwis e decided by the Council, acting by a quali-
fied majority on a proposal from the Commission, the marketingyear for olive oil shall run from 1 November to 31 October of thefollowing year.’
2. The first indent of Article 5 (2) shall be replaced by the following:
‘— to growerswho are membersof a producer group recognized
pursuant to this Regulation, on the basis of the quantity of oil
actually produced by them,’.
3. Article 5 (3) shall be replaced by the following:
‘3. Recognized producer groups or recognized associations
thereof may assist in determining the actual production referred to
in the first indent of paragraph 2 and in establishing the productionpotential and yield referred to in the second indent of paragraph 2.’
4. Article 20c shall be replaced by the following:
‘Article 20c
1. The producer groupsrecognized within the meaning of this
Regulation must:
(a) consist of individual growers and/or organizations engaged in
producing, processing or marketing olives and olive oil and
consisting solely of olive growers;
(b) be capable of verifying the olive and olive-oil production of
their members;
(c) where they do not belong to a recognized association:
— be empowered to submit an application for production aid on
behalf of all their member growers,
— be empowered to receive the aid and to share it out among
their members;
(d) where they belong to an association, be empowered to provide
the association with a statement of the production of each
member grower, for the purposes of the application for aid;
(e) have a minimum number of membersor repres ent a minimum
percentage of growersor of oil production in the region inwhich they have been set up;1982R1413 — EN — 01.11.1982 — 001.001 — 3
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(f) exercise no discrimination, in any of their activities, between
producerswho are eligible to become members , in particularon grounds of nationality or location of establishment;
(g) have statutes which include provisions to ensure that the
members of a group who wish to withdraw from membershipmay do so:
— after they have been membersof the group for a minimum
of three yearsfollowing recognition thereof,
— and on condition that they inform the group in writing of
their intention to withdraw not less than 12 months beforeso doing.
2. Recognized associations of groups within the meaning of this
Regulation must:
(a) be composed solely of groups as referred to in paragraph 1;
(b) be able to coordinate and to verify the activitiesof the groups
which make up the associations;
(c) be empowered to submit a single aid application on behalf of all
the producerswho are membersof the groups ;
(d) be empowered to receive the aid and to share it out among the
producersreferred to in (c);
(e) be composed of a minimum number of groups or represent a
minimum percentage of production in the Member Stateconcerned;
(f) have statutes which include provisions to ensure that the
members of an association who wish to withdraw from member-ship may do so:
— after they have been members of the association for a
minimum of three yearsfollowing recognition thereof,
— and on condition that they inform the association in writing
of their intention to withdraw not less than 12 months before
so doing.
3. Recognition shall be withdrawn from a group or association
where the conditionsfor recognition have not been fulfilled or areno longer fulfilled.
4. The Council, acting by a qualified majority on a proposal from
the Commission, shall adopt the general implementing rules of this
Article.
Detailed rulesfor the application of thisArticle s hall be adopted in
accordance with the procedure laid down in Article 38.’
5. Article 20d shall be replaced by the following:
‘Article 20d
1. Recognized groups or recognized associations may withhold,
asa fee, a percentage to be determined of the amount of production
aid paid to them. The purpose of this fee shall be to cover the
expenditure incurred in the work done pursuant to Article 5 (3) andArticle 20c.
The Council, acting by a qualified majority on a proposal from the
Commission, shall decide each year before 1 October, for thefollowing marketing year, the percentage of the production aid
which may be withheld as a fee by the recognized groups or asso-
ciations.
2. On submission of an aid application by an association, the
Member State concerned shall be authorized to pay to the associa-tion an advance to be determined on the amount of the aid.
3. Where priceson the Community market are clos e to the inter-
vention price over a period to be determined, it may be decided inaccordance with the procedure laid down in Article 38, that recog-nized producer groups or recognized associations within themeaning of thisRegulation may conclude s torage contractsinrespect of the olive oil which they market.1982R1413 — EN — 01.11.1982 — 001.001 — 4
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4. Detailed rulesfor the application of thisArticle s hall be
adopted in accordance with the procedure laid down in Article 38.’
6. Article 22 (3) shall be replaced by the following:
‘3. Save asotherwis e decided by the Council, acting by a quali-
fied majority on a proposal from the Commission,
— the marketing year for colza and rape seed shall run from 1 July
to 30 June;
— the marketing year for sunflower seed shall run from 1 August to
31 July.’
7. The following Article 24a shall be inserted:
‘Article 24a
1. The Council, acting in accordance with the procedure laid
down in Article 43 (2) of the Treaty, shall fix each year, and for
the first time in respect of the 1982/83 marketing year, a guarantee
threshold for colza and rape seed in the Community.
2. The guarantee threshold for colza and rape seed shall be deter-
mined in the light of production over a reference period and the
foreseeable trend in demand.
3. Where the actual average production recorded over the three
most recent marketing years exceeds the guarantee threshold set forthe marketing year in question, the intervention price for the
following marketing year shall be reduced by an amount corre-
sponding to the excess.
The Council, when fixing the pricesand following the s ame proce-
dure, shall determine:
— the reduction in the target and intervention pricesto corres pond
to the quantity by which the maximum level hasbeen exceeded,
— the maximum reduction in the target and intervention prices.
4. Detailed rulesfor the application of thisArticle s hall be
adopted in accordance with the procedure laid down in Article 38of thisRegulation.’
Article 2
ThisRegulation s hall enter into force on the third day following its
publication in the Official Journal of the European Communities .
It shall apply to each product as from the date on which the 1982/83
marketing year begins.
However, Article 1 (2), (3), (4) and (5) shall apply from 1 November
1983.
ThisRegulation s hall be binding in itsentirety and directly applicable
in all Member States.1982R1413 — EN — 01.11.1982 — 001.001 — 5
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