1998R2366 — EN — 01.11.1998 — 000.001 — 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)
Corrected by:
►C1Corrigendum, OJ L 145, 10.6.1999, p. 39 (2366/98)
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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 COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation No 136/66/EEC of 22 September
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,
Having regard to Council Regulation (EC) No 1638/98 of 20 July 1998
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
1984 laying down general rules on the granting of aid for the productionof 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 contentand schedule of producers’ notifications should be laid down, to ensureup−to−dateknowledge of the oil−producing sector and to improve suchknowledge 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
of Regulation (EC) No 1638/98 provides that no aid under any schemein force from 1 November 2001 may be paid in respect of olive treesplanted after 1 May 1998 except in connection with the conversion ofan old olive plantation or with a programme approved by the Commis-sion; whereas the concept of ‘additional olive trees'and ‘new plantings'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−depth examination 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)No 3061/84 laying down detailed rules for the application of the systemof production aid for olive oil (
5), last amended by Regulation (EC) No
2455/97 (6);
Whereas for the purposes of approval, Article 13(1) of Regulation
(EEC) No 2261/84 requires mill−owners to comply with certain condi-tions; whereas the conditions for approval introduced should be such asto ensure effective control arrangements; whereas mills should beequipped for automatic weighing of batches of olives entering the mill;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 toensure that the product in respect of which aid is granted is eligible forsuch aid; whereas consequently aid applications must include the partic-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;
Whereas olive−growerscan have their olives pressed in a Member State
other than the Member State of production; whereas with a view to thecorrect application of the aid scheme, provision should be made foradministrative collaboration between the Member State where the oil isobtained and the Member State of origin of the olives;
Whereas the factors to be taken into consideration to determine the
quantity eligible for aid should be defined; whereas rules should be laiddown for determining the quantity eligible for aid in cases where thequantity for which aid is requested and/or the number of trees indicatedin 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’ organisations and associations thereof, and the arrangementsfor financing them on the basis of aid withheld in accordance withArticle 20d of Regulation No 136/66/EEC;
Whereas Article 2 of Regulation (EC) No 1638/98 provides that, during
the 1998/99 to 2000/01 marketing years, work on the olive cultivationregister provided for in Commission Regulation (EEC) No 2276/79 of16October 1979 laying down detailed rules for the drawing−up of aregister of olive cultivation in the Member States producing olive oil (
1),
last amended by Regulation (EEC) No 1279/89 (2), should focus on the
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
1992 laying down detailed rules for applying the integrated administra-tion and control system for certain Community aid schemes(
5), last
amended by Commission Regulation (EC) No 1678/98 (6), the informa-
tion to be included in the oil cultivation GIS should be specified alongwith centralisation methods, arrangements, criteria and technical toler-ances; whereas with a view to Community financing it is necessary todetermine in what conditions the oil cultivation GIS of a Member Stateor 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, in case the GIS has not been completed, provision should be
made for a minimum number of on−the−spot checks 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 bechecked on the spot in areas where the oil cultivation GIS has not beencompleted; 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 beinspected or are unable to prove that they have taken delivery of the oil;
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 layingdown detailed rules for the application of Regulation (EEC) No 2262/84laying down special measures in respect of olive oil (
1), last amended
by Regulation (EEC) No in 3602/92 (2);
Whereas the measures provided for in this Regulation are in accordance
with the opinion of the Management Committee for Oils and Fats,
HAS ADOPTED THIS REGULATION:
CHAPTER 1
Crop declarations
Article 1
1. For the purposes of granting aid for the production of olive oil as
provided for in Article 5 of Regulation 136/66/EEC, before 1 Decemberof 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
classed as domestic, permanently established, irrespective of age orcondition, 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,
— a continuous tract of land covered, over an area greater than that
referred to in the second indent of Article 24(1), by olive treesin production each of which is less than 20 metres from anotherolive tree;
(c) ‘scattered olive trees'means olive trees in production which do not
fulfil the conditions necessary to constitute a group of trees on anolive−growing parcel;
(d) ‘area under olive trees'means the area of an olive−growing parcel,
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) for each olive−growing parcel: the number of olive trees in produc-
tion, the principal variety, and details of any irrigation or associatedcrops 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-
tions shall be lodged at the same time as the aid applications and shallsimply state that there is no change as compared with the previousdeclaration.
2. Declarations made under Regulation (EEC) No 3061/84 shall be
replaced by a full crop declaration in accordance with Articles 1 and 2in the course of the 1999/2000 and 2000/01 marketing years.
Article 4
1. To constitute a basis for the payment of aid to olive growers under
the common organisation of the market in oils and fats in force from 1November 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
appear in the graphical reference database provided for in Article 24 or,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 byanother tree; and must be one which, before grubbing, was an olive treein production identified geographically.
3. Programmes covering additional olive trees submitted to the
Commission for approval must contain the following information inparticular:
(a) the total number of olive trees in production and the corresponding
areas in the geographical zone concerned at the date of presentationof the programme,
(b) the number of olive trees planted and grubbed, as provided for in
the programme, and the corresponding areas,
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(c) where applicable, the number of dead or burnt olive trees to be
replaced, with a description of the circumstances,
(d) the geographical locations of the olive trees grubbed, dead or burnt.
Article 5
1. New planting from 1 November 1995 to 31 October 1998 shall be
covered by a declaration before 1 April 1999 including the informationreferred to in Article 2 or, where applicable, references to an earlierdeclaration containing the same information. The declaration of newplanting shall be accompanied by documents proving to the satisfactionof 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, and was accompanied by grubbing in that period of a number(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
prior declarations of intention to plant, indicating the number and loca-tion of the olive trees in question and, where applicable, the number andlocation 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),
— the planned planting involves additional olive trees covered by a
programme approved under Article 4 and therefore qualifies for aidafter 31 October 2001,
— the planned planting involves additional olive trees not constituting
a basis for the payment of aid after 31 October 2001.
3. In the context of crop declarations as referred to in Article 2, 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 1998/99marketing year, producer Member States shall provide the Commissionwith data on homogeneous production zones, taking account in partic-ular of:
— the geographical location and the agronomic characteristics of the
terrain,
— the predominant varieties, the most common type of shape pruning
and the age of the olive trees.
The homogeneous production zones may be altered only on presentation
of convincing justifications. Such alterations shall be made on theCommission’s initiative or at the request of a Member State.
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2. The data on each production zone as referred to in paragraph 1shall include at least the following:
(a) the geographical boundaries of the zone;
(b) the estimated area under olive trees;
(c) the estimated average number of olive trees per hectare of land used
for olive growing;
(d) the average olive production per tree;
(e) the average production of virgin olive oil per 100 kilograms of
olives.
3. Before 1 August 1999 at the latest, the Member States shall
forward the data referred to in paragraph 2(b) to (e), together with ashort report on production conditions recorded in each zone during themarketing year.
4. For the purposes of establishing oil yields for the 1998/99
marketing year, producer Member States shall determine, at millsequipped in various ways and representative of pressing capacity in thezone in question at various stages of the harvest, the olive−oil yield ineach production zone.
For the purposes of establishing olive yields, the Member States shall
determine, at least for the largest production zones and at the beginningof the marketing year, the olive yields from trees representative ofproduction conditions in the zone.
CHAPTER 3
Approved mills
Article 7
From the 1998/99 marketing year, for the purposes of granting approval
to mills:
(a) the information referred to in Article 13(1)(a) of Regulation (EEC)
No 2261/84 must include the following:
— oil storage capacity,
— actual pressing capacity per eight−hour working day,— a description of the technical equipment installed or operating at
the mill, with details of the type, make, model and hourlycapacity of each unit;
(b) among the means of inspection for mills which have produced more
than 20 tonnes of oil in the previous marketing year, the facilitiesmust include an automatic system for weighing olives and recordingthe weights and an electricity meter specifically for the pressingequipment.
However, from the 1999/2000 marketing year, point (b) shall apply to
mills with a capacity, as referred to in the second indent of (a), greaterthan 2 tonnes of oil per eight−hour working 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) and must comply with the inspection conditions laid down by theMember State.
Without prejudice to national penalties which may be applicable, 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.
Article 8
Under the inspection arrangements provided for in Article 14 of Regula-
tion (EEC) No 2261/84, the Member States shall make provision:
(a) in particular by analysis of samples, for verifying that the oil
matches the descriptions and definitions in point 1 of the Annex to
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Regulation No 136/66/EEC and that it is not contaminated by
undesirable substances, in particular solvents;
(b) from the 1998/99 marketing year:
— for stock records linked to the financial accounts to be kept,
containing at least the information specified in Article 9(1) and,where applicable, references to analyses carried out,
— for monthly statements of this information to be sent before the
tenth day of the month following the month concerned to thecompetent agency and, where applicable, to the agency respon-sible for checks; however, for mills that have produced less than20 tonnes of oil in the previous marketing year, the monthlystatement shall include only the quantitative information indi-cated in Article 9(1)(b), (c), (d) and (f),
— for checking of the method of disposing of waste water;
(c) from the 1999/2000 marketing year, for supplies of olive oil to meet
one of the following requirements:
—►
C1either, where the quantity sold is less than 50 litres ◄or
where no sale has taken place, that it has been supplied againstissue 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 andbearing a serial number, the approval number of the mill and themarketing year; or
— or where the oil has been sold, that it has been supplied against
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) the quantities of oil purchased or obtained from 1 December 1998,
indicating the consignor; quantities relating to November 1998 shallbe indicated as an aggregate;
(e) the quantities of olive residue obtained, determined on a flat−rate
basis;
(f) the quantities of oil leaving the mill batch by batch, with the name
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,
— determined on a flat−rate basis, with the name of the consignee
in other cases,
— weighed batch by batch, where the mill has a weighbridge.
2. At the request of the authorities responsible for checking the stock
records, the mill shall present:
(a) from 1 July and from the 1998/99 marketing year, the quantity of
olive oil pressed since the beginning of the marketing year, brokendown by batch of olives entering the mill and by producerconcerned;
(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;
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(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) where the oil and/or olive residue obtained is sold, the sales invoice
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 olivespressed by a coefficient shown in the technical specifications of the millor, 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 thedestination of the oil produced from their olives, or where appropriate asales 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 ofwhich he is a member, from the 1999/2000 marketing year and before 1December, a declaration of the quantities for each main destination ofthe oil obtained in the preceding marketing year, and a statement of thestock 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 thecontrol authorities the documents necessary to enable the authorities tocheck 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:
— before 1 September, of the quantity of olive oil produced by mills in
respect of the marketing year in progress at 30 June;
— before 1 December, of the quantity of olive oil produced by mills in
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 reasonedrequest to the Commission, specifying the type of controls it undertakesto 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.
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:
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(a) the surname, forenames and address of the olive grower;
(b) the quantity of virgin olive oil produced;
(c) the location(s) of the holding and of the parcels on which the olives
were harvested, with a reference to the crop declaration;
(d) the approved mill(s) at which the oil was produced, with details of
the quantities of olives used and of oil produced by each mill;
(e) where appropriate, from the 1999/2000 crop year, the quantity of
olives supplied to a table olive processing firm, indicating the firm’sreferences.
Aid applications must be accompanied by a certificate from the mill, the
form and content of which shall be decided by the Member States,corroborating the details referred to under (d).
2. Where olive growers have sold some or all of their olives, the aid
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. Aid applications shall be submitted by olive growers before 1 July
of each marketing year:
— to the producer organisation, where olive growers are members of
such an organisation,
— to the competent authorities of the Member State concerned, where
olive growers are not members of a producer organisation.
Except in cases of force majeure , where applications are submitted late,
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. Olive growers wishing to receive the advance on the aid provided
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
September of each marketing year of the number of aid applications andthe 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 concerningthe check at the mill to the Member State of origin of the olives. 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.
Article 14
1. Olive growers shall be eligible for aid in respect of the quantity of
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
declarations and aid applications for the 1998/99, 1999/2000 and 2000/01 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.
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Percentage in excess Coefficient2. 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:
— the basic data in the register of olive cultivation or the geographical
information system (GIS) for olive cultivation as regards productionpotential. In areas not currently covered by the olive cultivationregister or the GIS, the information contained in crop declarationsshall be used;
— the information from the computerised files referred to in Article 27;— 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) No 2261/84 where the quantity covered by aid applications is notconfirmed 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 multiplyingthe average yields for the homogeneous production zone by the numberof olive trees concerned. The number of trees shall be established prorata as a function of the quantity of oil concerned in cases where aid isrequested for oil obtained in several mills.
2. Where the number of trees shown in the crop declaration is greater
than that actually found, the quantity on which aid is payable and,where applicable, any other penalties shall be determined on the basis ofthe percentage by which the number of trees declared exceeds the actualnumber 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 shallbe equal to the quantity in question multiplied by the percentage andby a coefficient given by the following scale:
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
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— where the percentage in excess is greater than 55 % but not greater
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
grower and the parcels concerned shall not be eligible under the aidscheme 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. After carrying out all the requisite checks and subject to the results
thereof, the Member States shall pay the balance of the aid to producerswithin 90 days of the fixing by the Commission of actual production forthe marketing year concerned and of the unit amount of production aidas 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
Regulation No 136/66/EEC, Chapters 3 and 4 of Regulation (EEC) No2261/84 and this Regulation, producer organisations and associationsthereof may not be recognised unless they have given an undertaking:
(a) to have the administrative structure required for the performance of
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, to submit to the competent authority each month the aidapplications 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-tions submitted to them by their members during the precedingmonth,
— in the case of associations of producer organisations, to submit
to the competent authority each month the aid applicationsforwarded to them during the preceding month by their memberorganisations.
Recognition shall depend on observance of all the conditions set out in
this Article.
Article 18
For the purposes of verifying compliance with the condition laid down
in Article 4(2) of Regulation (EEC) No 2261/84, producer organisationsshall 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. Producer organisations which make up an association must repre-
sent at least one third of the economic regions referred to in Article 4(3)of Regulation (EEC) No 2261/84.
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2. The verification provided for in the first indent of Article 10 ofRegulation (EEC) No 2261/84 shall cover 5 % of the checks carried outby 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’crop declarations and any amendments thereto to the competent agencyof the Member State concerned.
2. Producer organisations or, where appropriate, associations thereof
shall submit the aid applications for the marketing year in progress tothe competent agency of the Member State concerned before 1 Augustof each marketing year. However, aid applications lodged late by olivegrowers may be submitted by the organisation or association by 14August of each marketing year.
3. After conducting the checks provided for in Article 8(1) of Regu-
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.
In order to determine the number of members of producer organisations
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
Regulation No 136/66/EEC shall be divided among the producer organ-isations on the basis of the quantity of olive oil on which the aid isgranted through each organisation.
Without prejudice to Article 11(3) of Regulation (EEC) No 2261/84, in
cases where associations have discharged all their responsibilities underCommunity rules and have not used the entire sum raised by thefinancing arrangement provided for in point (a), they must divide thebalance among their member producer organisations on the basis of thenumber 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 theamounts resulting from the application of paragraph 1(a) and (b) to theproducer organisations and associations thereof, the Member Statesconcerned may contribute towards the payment of certain costs arisingfrom the checks carried out by such bodies.
In such cases, the Member States may grant amounts which differ from
those specified in paragraph 1 (a) and (b) to the producer organisationsand associations thereof, but in no circumstances may the latter amountsbe exceeded.
3. Advances as provided for in Article 11(4) of Regulation (EEC) No
2261/84 may not exceed:
— in the case of associations, 70 % of the sum obtained by multiplying
the unit amount fixed for the preceding marketing year pursuant to
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paragraph 1(a) by the number of members of their member producerorganisations, or
— in the case of producer organisations, 70 % of the sum obtained by
multiplying the unit amount fixed for the preceding marketing yearpursuant 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
in Article 2(1) of Regulation (EC) No 1638/98, hereinafter referred to asthe ‘olive cultivation GIS', shall cover olive growers who havesubmitted crop declarations as provided for in Article 1 of this Regula-tion and aid applications as provided for in Article 12.
Article 23
1. A computerised alphanumerical database shall be established to
record the following information relating to each agricultural holding orparcel, 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,
— the location of the individual olive trees.
The Member State shall fix the minimum size of olive−growing parcels
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, the Member States shall set up an alternative system to ensure thatdeclarations 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.
The graphical reference database shall be updated periodically to ensure
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
standards for mapmaking on a 1:10 000 scale and, from the radiometricpoint of view, shall have a maximum pixel size of one metre. They shallcomply with market standards as regards mosaicking and tone.
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Parcel boundaries shall be in raster or vector format, as available,complying with the standards for map making on a 1:10 000 scale. Inall cases, the system introduced shall possess the topological propertiesneeded to provide easy access to parcels, monitoring of boundary fluc-tuations over the four previous marketing years and access to thecharacteristics of parcels in the alphanumerical database.
4. Olive growers who have lodged crop declarations may access the
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
the graphical reference base shall be determined by any suitable meansas defined by the competent body, in particular by photo−interpretationof recent, very high resolution aerial or satellite photographs. However,on−the−spot inspections 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
graphical reference database shall be compared with the information incrop 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-graph 1, the crop declaration shall be deemed to contain a discrepancy.
3. The olive growers concerned shall be notified where their declara-
tions contain discrepancies. The growers concerned shall be granted aperiod of grace of up to three months, at the Member State’s discretion,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-
cient for the Member State to accept the declared data, amended whereapplicable, a check shall be carried out in the presence of both parties,the cost of which is to be borne by the grower should the declared data,whether or not amended pursuant to the first subparagraph, not beconfirmed.
4. The number of olive trees determined for each parcel shall corre-
spond:
— to the data from the declaration, where applicable as amended
pursuant to paragraph 3, where no discrepancies are found or whereany 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:
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(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 theparcels covered by the database and included in the alphanumericaldatabase;
(c) the numbers of olive trees on parcels in the database referred to at
(a) and those in the database referred to at (b) have been comparedpursuant to Article 25(2) and the number of declarations containingdiscrepancies making it impossible to determine the data to berecorded pursuant to Article 25(4) represents less than 5 % of allcrop declarations.
2. Without prejudice to the results of verifications made in the course
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.
By 1 November 1999 the Commission shall determine whether the olive
cultivation GIS for any region or Member State has been completed onthe 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−oil produc-
tion data provided for in Article 16of Regulation (EEC) No 226 1/84shall include:
(a) the alphanumerical database and the graphical reference database of
the olive cultivation GIS provided for in Articles 23 and 24 and theresults 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;
(c) the files of producer organisations and associations thereof
containing the information referred to in Article 16(2)(b) of Regula-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) the files of the homogeneous production zones containing the infor-
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.
The Member States may establish decentralised files provided the latter
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 and
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for all or automatically convertible to enable aggregates and searchesover the five marketing years referred to in the first subparagraph to beconducted immediately.
Without prejudice to the checks to be carried out, in particular
cross−checks between files, and the results to be notified, the files shallcontain archives of the historical data available for the marketing yearsprior to those referred to in the first subparagraph and, from 31 October2001 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−checks to show that parcels declared actually exist and to
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
that Regulation for the zone in which the holding or holdings oforigin of the olives pressed are located;
— the average olive and oil yields in municipalities where the
holding or holdings of origin of the olives pressed are located, ifsuch yields are available in the Member States.
In cases where the checks made under the first subparagraph reveal
inconsistencies, the procedure laid down in Article 25(2) and (3) for thenumber of olive trees shall apply mutatis mutandis to the other anoma-
lous or missing information. However, the quantity of oil for which aidhas 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−spotinspections shall be conducted on 1 % of all crop declara-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),— consistency between the olive trees on holdings and the quantity of
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, where applicable, for the number of trees declared over andabove the number of trees determined in accordance with Article 25(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 the
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number 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−spot checks before 1 November1999 of declarations as provided for in Article 5(1).
Planting and grubbing operations carried out in the period from 1 May
to 31 October 1998 shall be determined on the basis of all the informa-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) in respect of each marketing year shall be checked before the end ofthe following marketing year.
Article 30
1. From the 1998/99 marketing year, the checks as provided for in
Article 14(3) of Regulation (EEC) No 2261/84 shall include an in−depthcheck of the consistency of the information and data supplied for eachmarketing year by at least 30 % of approved mills selected on the basisof risk analysis. However, the number of checks in each Member Stateshall not be less than the number of checks on mills carried out underthe 1997/98 marketing year.
In addition, to establish that the information is recorded and the condi-
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;
(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, for at least 10 % of in−depth checks, the Member State
shall check the suppliers of goods or services or the consignees of theoil or of the olive residue referred to in Article 10 or in Article 9(1)(g)respectively.
If the consignee of the oil or of the olive residue refuses to submit to the
check, or if the competent body has evidence showing that delivery wasnot taken of the oil or olive residue in question:
— in the case referred to in Article 10(1), he shall be liable to pay the
Member State an amount double that of the aid for the quantity ofoil concerned,
— in the case referred to in Article 10(2), the Member State shall apply
a penalty commensurate with the quantity of oil concerned.
Amounts collected by the Member State shall be deducted from the
expenditure of the European Agricultural Guidance and Guarantee Fundby the paying bodies or departments in the Member State.
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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.
Notwithstanding Article 4(1) and (2) of Regulation (EEC) No 27/85, 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
Producer Member States shall take all measures necessary to inform the
olive growers, the mills and the other operators concerned of the penal-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, and the penalties imposed or under consideration, along witha brief assessment of the control arrangements set up and any difficul-ties encountered.
Article 33
Regulation (EEC) No 2276/79 is repealed with effect from 1 November
1999.
Regulation (EEC) No 3061/84 shall continue to apply solely to meas-
ures relating to marketing years prior to 1998/99 until 31 October 1999.It is repealed with effect from 1 November 1999.
Article 34
This Regulation shall enter into force on 1 November 1998.
This Regulation shall be binding in its entirety and directly applicable in
all Member States.