2001D0648 — EN — 11.12.2001 — 001.001 — 1
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►B COMMISSION DECISION
of 9 August 2001
on the granting of aid for the production of table olives in France
(notified under document number C(2001) 2486)
(Only the French text is authentic)
(2001/648/EC)
(OJ L 229, 25.8.2001, p. 12)
Amended by:
Official Journal
No page date
►M1 Commission Decision 2001/879/EC of 6 December 2001 L 326 41 11.12.2001
▼B
COMMISSION DECISION
of 9 August 2001
on the granting of aid for the production of table olives in France
(notified under document number C(2001) 2486)
(Only the French text is authentic)
(2001/648/EC)
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 1513/2001 (2),
and in particular Article 5(4) thereof,
Whereas:
(1) Article 5(4) of Regulation No 136/66/EEC grants the Member
States the possibility of allocating part of their nationalguaranteed quantities and of their olive-oil production aid to
support for table olives on conditions to be approved by the
Commission in accordance with the procedure laid down inArticle 38 of that Regulation.
(2) France has presented a request in respect of the 2001/02, 2002/03and 2003/04 marketing years and detailed rules should be laiddown for the granting of the aid.
(3) Provision should be made for the aid to be granted to growers ofprocessed table olives from olive groves in France and theconditions governing the granting of the aid should be specified.
(4) The processing period should be defined as running from 1September to 31 August. Olives which have undergone initial
treatment in brine lasting at least 15 days and have been removed
from the brine definitively or failing that have undergonetreatment making them fit for human consumption should bedeemed to be processed olives.
(5) The weight of processed table olives for which aid is payable andthe equivalence between processed table olives and olive oilshould be determined for the purposes of calculating the unit aid
for table olives and of administering the national guaranteed
quantities.
(6) Undertakings processing table olives must be approved inaccordance with conditions to be determined. Account shouldbe taken of the fact that processing undertakings located withinthe area covered by a registered designation of origin mustmaintain stock records, irrespective of the type of olives
processed.
(7) Provisions should be laid down for checks on aid for table olives.
Those provisions must in particular cover crop declarations bytable-olive growers, notifications by processors of the quantitiesof olives delivered by growers and leaving the processing chain,and the obligations on paying agencies regarding controls.Provision should be made for penalties on table-olive growers
where their declarations conflict with the results of checks.
(8) The information needed for calculating the aid to be granted to
growers of processed table olives should be determined. Anadvance on the aid may be granted on certain conditions.
(9) France must notify the Commission of the national measuresadopted for the purposes of applying this Decision and of the2001D0648 — EN — 11.12.2001 — 001.001 — 2
(1) OJ 172, 30.9.1966, p. 3025/66.
(2) OJ L 201, 26.7.2001, p. 4.
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information used for calculating the advance on the aid and the
definitive aid.
(10) The measures provided for in this Decision are in accordance withthe opinion of the Management Committee for Oils and Fats,
HAS ADOPTED THIS DECISION:
Article 1
For the 2001/02, 2002/03 and 2003/04 marketing years, France is
authorised to grant aid for the production of table olives in accordancewith this Decision.
Article 2
1. Aid for the production of table olives shall be granted to growers
of olives which come from olive groves in France and are sent toapproved processing undertakings for processing into table olives.
2. For each olive-oil marketing year, aid shall be granted for table
olives processed between 1 September of the preceding marketing year
and 31 August of the marketing year concerned.
3. Within the meaning of this Decision, ‘processed table olives’
means olives that have undergone initial treatment in brine for at least15 days and have been removed from the brine definitively or failingthat have undergone treatment making them fit for human consumption.
Article 3
1. For the purposes of calculating the unit aid for table olives and of
administering the national guaranteed quantities of olive oil, 100 kg ofprocessed table olives shall be deemed to be equivalent to 13 kg of oliveoil eligible for production aid as provided for in Article 5 of RegulationNo 136/66/EEC.
2. The weight of processed table olives to be taken into consideration
shall be the drained net weight of whole olives after processing, possiblybruised but not stoned.
Article 4
1. Approval numbers shall be allocated to undertakings which:
— submit an application for approval by 30 September preceding the
olive-oil marketing year in question, accompanied by the informa-tion referred to in paragraph 2 and the commitments referred to in
paragraph 3,
— market processed table olives, with or without additional preparation,— have plant capable of processing at least 5 t of olives per year in the
Department of Corsica and in the case of olives harvested within thearea covered by a registered designation of origin and 10 t of oliveselsewhere.
2. Applications for approval shall include at least:
— a description of the processing plant and storage facilities, with
details of their capacity,
— a description of the forms of table-olive preparations marketed,
indicating the average weight of processed table olives required for
1 kg of each type of prepared product,
— details of stocks of table olives at various stages of preparation, by
form of preparation, as at 1 September preceding the olive-oilmarketing year in question.
3. For the purposes of approval, processors shall undertake:
— to keep table olives for which aid is payable separate from table
olives originating in non-member countries and those for which aidis not payable when taking delivery of, processing and storing them,2001D0648 — EN — 11.12.2001 — 001.001 — 3
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— to keep stock records covering table olives, linked to the financial
accounts and indicating, for each day:
(a) the quantities of olives entering the establishment, showing each
consignment separately and identifying the grower of each;
(b) the quantities of olives sent for processing and the quantities of
table olives processed within the meaning of Article 2(3);
(c) the quantities of table olives for which the process of preparation
has been completed;
(d) the quantities of table olives leaving the undertaking, broken
down by form of preparation and indicating the consignees,
— to provide the grower as referred to in Article 2(1) and the competent
body with the documents and the information referred to in Article 6in accordance with the conditions laid down therein,
— to submit to all checks provided for under this Decision.
4. Approval shall be refused or immediately withdrawn where
undertakings:
— fail to comply or no longer comply with the conditions for approval,
or
— are prosecuted by the competent authorities for irregularities in
respect of the arrangements provided for in Regulation No 136/66/EEC, or
— have been penalised for an infringement to that Regulation within the
past 24 months.
5. Before final approval is granted, an on-site inspection of the
facilities shall be carried out in order to verify the information submittedby the undertaking.
Article 5
For the purposes of granting the aid for the production of table olives,
growers must have lodged a crop declaration in accordance with Articles
1, 2 and 3 of Commission Regulation (EC) No 2366/98 of 30 October1998 laying down detailed rules for the application of the system ofproduction aid for olive oil for the 1998/99, 1999/2000 and 2000/01marketing years.
The declarations concerning table olives shall be included in the
alphanumeric database provided for in connection with the aid schemefor olive oil production.
Article 6
1. During the month following delivery of the final consignment of
olives and no later than 30 June, approved undertakings shall issue
growers as referred to in Article 2(1) with a certificate of delivery
showing the net weight of olives entering the undertaking.
The certificate must be supported by all the documentation relating to
the weight of the consignments of olives delivered.
2. Approved undertakings shall notify the competent body and the
control agency:
(a) by the 10th day of each quarter, of:
— the quantities of olives received, sent for processing and
processed within the meaning of Article 2(3) in the course of
the previous quarter,
— the quantities of olives prepared and sent out, broken down by
form of preparation, in the course of the previous quarter,
— the aggregate quantities referred to in the first two indents and
the stock situation at the end of the previous quarter;
(b) before 1 July, of the names of growers as referred to in Article 2(1)
for the processing period referred to in Article 2(2) and of the2001D0648 — EN — 11.12.2001 — 001.001 — 4
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quantities covered by certificates issued to them in accordance with
paragraph 1;
(c) before 1 June, of the total quantities delivered for the processing
period referred to in Article 2(2) and of the corresponding total
quantities processed.
Article 7
1. Before 1 July of the current marketing year, table-olive growers
shall lodge aid applications, directly or indirectly, with the competent
body, containing at least the following details:
— the name and address of the grower,
— a reference to the relevant crop declaration,
— the approved undertaking to which the olives were delivered.
Such applications shall be accompanied by certificates of delivery as
referred to in Article 6(1).
Where applicable, applications may be accompanied by an application
for an advance on the aid.
2. Applications lodged after the deadline shall incur a penalty
consisting of a reduction of 1 % of the amount to which the growerwould have been entitled had the application been lodged by the duedate, for each working day of delay. Applications lodged more than 25working days late shall be refused.
Article 8
1. Before the definitive payment of the aid, the competent body shall
carry out the controls required to check:
— the quantities of table olives covered by certificates of delivery,
— the quantities of table olives processed, broken down by grower.
Controls shall involve:
— several physical inspections of goods in stock and a check of the
accounts of approved undertakings,
— stricter checks of aid applications from olive growers applying for
aid for both table olives and olive oil.
2. France shall see that all the necessary controls are in place to
ensure that:
— entitlement to table-olive production aid is respected,
— olives entering an undertaking approved under this Decision are
excluded from eligibility for olive-oil production aid,
— no more than one aid application is lodged for the same olives.
3. Without prejudice to the penalties laid down by France, no aid
shall be granted to growers as referred to in Article 2(1) whosedeclarations as provided for in Article 5 or whose aid applications inaccordance with Article 7 proves to conflict with the results of checks.However, Article 15 of Commission Regulation (EC) No 2366/98 (
1)
shall apply mutatis mutandis .
Article 9
1. Growers as referred to in Article 2(1) may receive an advance on
the aid requested. The advance shall be equal to the unit amount referredto in Article 17a(1) of Council Regulation (EEC) No 2261/84 (
2),
multiplied by the quantity of olive oil equivalent, in accordance with
Article 3(1) of this Decision, to the relevant quantity of table olivesprocessed.
For the purposes of granting advances to growers, the quantity of table
olives processed shall be determined by applying a provisional2001D0648 — EN — 11.12.2001 — 001.001 — 5
(1) OJ L 293, 31.10.1998, p. 50.
(2) OJ L 208, 3.8.1984, p. 3.
▼B
processing coefficient to the quantity appearing in the certificate of
delivery, as confirmed by the other information notified to thecompetent body. That coefficient shall be established by the competent
body on the basis of the data available on the approved undertaking
concerned. However, the quantity of table olives taken into considera-tion may not exceed 90 % of the quantity of table olives delivered.
2. Advances on the aid shall be paid from 16 October of the current
marketing year to growers applying therefor in accordance with Article7(1).
Article 10
1. Without prejudice to the reductions provided for in Article 20d of
Regulation No 136/66/EEC, the aid shall be equal to the unit amount
referred to in Article 17a(2) of Regulation (EEC) No 2261/84 multiplied
by the quantity of olive oil equivalent, in accordance with Article 3(1) ofthis Decision, to the relevant quantity of table olives processed.
For the purposes of granting the aid to growers as referred to in Article
2(1), the quantity of table olives processed shall be determined byapplying a processing coefficient for the undertaking concerned to the
quantity appearing in the certificate of delivery, as confirmed by the
other information notified to the competent body. That coefficient shallbe equal to the ratio between the total quantity of table olives processedon the one hand, and the total quantity of table olives covered bycertificates of delivery on the other hand, in respect of the olive-oilmarketing year concerned.
Where the quantity of processed olives corresponding to the quantity set
out in the certificate of delivery cannot be established, the quantities of
table olives processed for the growers concerned shall be calculatedusing the average coefficient for the other undertakings. However,without prejudice to any claims which the olive growers concernedmight make against the undertaking, that quantity of processed olives
may not exceed 75 % of the quantity shown in the certificate of delivery.
2. Once the controls referred to in Article 8 have been carried out, the
aid or, where applicable, the balance of the aid shall be paid to thegrower in full within 90 days of the Commission fixing the unit amountthereof.
Article 11
France shall notify the Commission:
— without delay, of the national measures taken pursuant to this
Decision,
— before 1 August of each marketing year, of the quantities of olive oil
equivalent to the estimated output of table olives processed and of
the provisional processing coefficients for that estimate,
— before 16 June of each subsequent marketing year, of the quantities
of olive oil equivalent to the actual output of table olives processed
and of the processing coefficients adopted.
Article 12
This Decision shall apply from 1 September 2001.
Article 13
This Decision is addressed to the French Republic.2001D0648 — EN — 11.12.2001 — 001.001 — 6