1978R1562 — EN — 01.11.1978 — 001.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B COUNCILREGULATION(EEC)No1562/78
of29June1978
amending Regulation No 136/66/EEC on the establishment of a common organization of the
marketinoilsandfats
(OJ L 185, 7.7.1978, p. 1)
Amended by:
Official Journal
No page date
►M1Council Regulation (EEC) No 2580/78 of 31 October 1978 L 309 13 1.11.1978
▼B
COUNCILREGULATION(EEC)No1562/78
of29June1978
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 Articles 42 and 43 thereof,
Having regard to the proposal from the Commission,Having regard to the opinion of the European Parliament (
1),
Whereas the purpose of the organization of the market in olive oil is to
maintain the level of consumption of that product in the Community,
having regard to the competition from other vegetable oils, and toensure that producers receive a fair income for the quantity of oliveoil actually produced;
Whereas experience has shown that the present system of production
aid is not consistent with the abovementioned objectives; whereas it
provides for several control measures which, by reason of their
complexity and the considerable number of producers concerned, aredifficult to apply and lead to considerable delays in the payment of aid;
Whereas in recent years consumption of olive oil in the Community
has decreased substantially as a result of the difference in price trendsbetween olive oil and competing oils; whereas the present system ofaid does not appear to be suitable for encouraging consumption of olive
oil; whereas it could, moreover, create other problems at the production
stage;
Whereas, therefore, a new system should be introduced, providing for
the grant of consumption aid to ensure that olive oil is sold at priceswhich are competitive with the prices of seed oils;
Whereas, in order to ensure that the system of consumption aid is
administered efficiently, provision should be made to enable the admin-
istration of this system of aid to be assigned to a trade organization
under the control of the Member State concerned; whereas, in order toensure the proper functioning of that organization, provision should bemade to enable a levy to be imposed on the beneficiaries of the aid;
Whereas, since the abovementioned aid will be restricted to the quanti-
ties sold onthe Commun ity market, provisionmust be made forgranting production aid at a fixed rate to compensate for restricting
consumption aid to the said quantities; whereas, to avoid structural
surpluses, this production aid should be granted only in respect of areasplanted with olive trees on the date on which the new system entersinto force;
Whereas, to assist in achieving a balance between supply and demand,
it may be appropriate to take measures to improve the quality of
production and to promote sales and consumption; whereas it should
be laid downthat the costs in curred as a result of such measures shouldbe borne by producers and the other beneficiaries of such measures;
Whereas the productiontarget price an d the system of productionaid
canachieve their aims on ly if the price at which the producer sells hisoil onthe market is as close as possible to the productiontarget price
minus the abovementioned aid; whereas stabilizing mechanisms should
therefore be provided withinthe Commun ity;
Whereas the desired stability may be obtained by enabling producers or
producer groups to offer olive oil to the competent agencies of theMember States; whereas such possibility should be restricted to thesecategories so as to prevent imported oil and oil in respect of whichconsumption aid has been paid from being offered for intervention;1978R1562 — EN — 01.11.1978 — 001.001 — 2
(1) OJ No C 108, 8. 5. 1978, p. 49.
▼B
Whereas, to promote the orderly marketing of Community production,
the system of monthly increases should be relaxed; whereas, to thesame end, provision should be made for the adoption of special inter-
vention measures at the end of the marketing year;
Whereas Council Regulation No 136/66/EEC of 22 September 1966 on
the establishment of a common organization of the market in oils and
fats (
1), as last amended by Regulation (EEC) No 1419/78 (2), laid
downthat a levy was to be charged onimports of olive oil other thanuntreated, the variable component of which was to be derived from thelevy applicable to the quantity of untreated olive oil necessary for its
production; whereas experience has shown that the trend on the world
market in oils other than untreated may not be in line with the markettrend for untreated oils; whereas such divergence could lead to distur-bances of the Community market; whereas to remedy this situationprovisionshould be made for the possibility of fixin g a levy whichtakes account of the situation of the market in oil other than untreated;
Whereas the possibility of fixing a special levy for oil other than
untreated renders the system of compensatory amounts in respect of
such oil no longer necessary;
Whereas, as regards trade with third countries, Council Regulation
(EEC) No 2843/76 of 23 November 1976 laying down special
measures inparticular for the determin ationof the offers of olive oilonthe world market (
3) derogated from the system of fixing the levy
on the basis of the cif price by providing for the levy to be determinedby means of a tendering procedure;
Whereas the difficulties in assessing the true market situation, which
were the reasonfor the adoptionof this special system, are liable to
recur inthe future; whereas, therefore, provisionshould be made for
the possibility of again having recourse to this system, after suspensionof the application of the original system for fixing the levies;
Whereas the volume of international trade in olives and oil cake and
other residues is very small compared with trade inolive oils; whereas,to simplify administration, the system of tendering for the levy shouldbe restricted to imports of olive oil; whereas, to the same end, provi-sionshould be made for the possibility of exemptin g from the
application of the said system imports of olive oil having no effect on
international trade in that product;
Whereas the formationof producer groups inthe olive oil sector may
contribute to the proper functioning of the system of production aid, inparticular by the involvement of producers in certain aspects of admin-istering the said system; whereas, to enable recognized groups toachieve that objective, one of the conditions for recognition should be
the obligation for the group to undertake certain operations connected
with the applicationof the system; whereas, havin g regard to the tasksassigned to the groups recognized under Council Regulation (EEC)No 1360/78 of 19 June 1978 on producer groups and associationsthereof (
4), aid should be granted to their members in proportion to the
quantity of oil actually produced by them;
Whereas, having regard to the characteristics of the market in olive oil
and the special tasks assigned to the groups, additional measures should
be laid downto facilitate the formulationan d operationof such groups;
Whereas, to ensure greater market stability, provision should be made
for the possibility of producer groups concluding storage contracts
under certain conditions;
Whereas, in order to ensure the proper application of the abovemen-
tioned systems of aid, Member States should be required to takesanctions in the event of breaches,1978R1562 — EN — 01.11.1978 — 001.001 — 3
(1) OJ No 172, 30. 9. 1966, p. 3025/66.
(2) OJ No L 171, 28. 6. 1978, p. 8.
(3) OJ No L 327, 26. 11. 1976, p. 4.
(4) OJ No L 166, 23. 6. 1978, p. 1.
▼B
HAS ADOPTED THIS REGULATION:
Article 1
Articles 1 to 20 of RegulationNo 136/66/EEC shall be replaced by the
following Articles:
‘Article 1
1. A common organization of the market in oil seeds, oleaginous
fruit, vegetable oils and fats, and oils and fats of fish or marinemammals shall be established.
2. This Regulationshall cover the followin g products:
CCT heading No Description
(a) 12.01 B Oil seeds and oleaginous fruit, whole or broken
other thanfor sowin g
(b) 12.02 Flours or meals of oil seeds or oleaginous fruit, non-
defatted (excluding mustard flour)
15.04 Fats and oils, of fish and marine mammals, whether
or not refined
15.07 B, C, D Fixed vegetable oils, fluid or solid, refined or puri-
fied, excluding olive oil
15.12 Animal or vegetable oils and fats, wholly or partly
hydrogenated, or solidified or hardened by any other
process, whether or not refined, but not further
prepared
15.13 Margarine, imitation lard and other prepared edible
fats
15.17 B II Residues resulting from the treatment of fatty
substances or animal or vegetable waxes, excluding
those containing oil having the characteristics of
olive oil
23.04 B Oil cake and other residues (except dregs) resulting
from the extractionof vegetable oils, excludin g oil
cake and other residues resulting from the extraction
of olive oil
(c) 15.07 A Olive oil(d) 07.01 N Olives, fresh or chilled
07.02 A Olives (whether or not cooked), preserved by
freezing
07.03 A Olives provisionally preserved in brine, in suphur
water or in other preservative solutions, but not
specially prepared for immediate consumption
ex 07.04 B Dried, dehydrated or evaporated olives, whole, cut,
sliced, brokenor inpowder, but n ot further prepared
(e) 15.17 B I Residues resulting from the treatment of fatty
substances or animal or vegatable waxes, containing
oil having the characteristics of olive oil
23.04 A Oil cake and other residues resulting from the
extractionof olive oil
TITLE I
Trade
Article 2
1. For the products referred to inArticle 1 (2) (a), (b) an d (d),
with the exception of those falling within subheadings 07.01 N IIand 07.03 A II of the Common Customs Tariff, and for the1978R1562 — EN — 01.11.1978 — 001.001 — 4
▼B
products falling within subheading 23.04 A I, the Common
Customs Tariff shall be applied.
For the products referred to inArticle 1 (2) (c) an d (e), with the
exception of those falling within subheading 23.04 A I, and forthe products falling within subheadings 07.01 N II and 07.03 A IIof the CommonCustoms Tariff, a system of levies onimports fromthird countries shall be applied.
2. The general rules for the interpretation of the Common
Customs Tariff and the special rules for its application shall apply
to the tariff classificationof the products covered by this Regula-tion; the tariff nomenclature resulting from the application of thisRegulationshall be in corporated inthe CommonCustoms Tariff.
Article 3
1. Save as otherwise provided inthis Regulationor by the
Council acting by a qualified majority on a proposal from theCommission, the following shall be prohibited in trade with thirdcountries:
— the levying of any charge having an effect equivalent to
customs duty;
— the application of any quantitative restriction or measure having
equivalent effect.
The restrictionof the import or export licen ces provided for in
Article 19 to a specific category of those entitled to receive them
shall be one of the measures considered as having effect equivalent
to a quantitative restriction.
2. Where the products listed inArticle 1 (2) (a) an d (b) are
imported from third countries in such quantities and under suchconditions as might prejudice or threaten to prejudice seriously theinterests of Community producers of the products listed in Article1, a compensatory amount may be charged on imports.
A compensatory amount may also be charged on imports of the
products listed inArticle 1 (2) (a) an d (b) where, as a result ofdirect or indirect subsidies or premiums granted in respect of thoseproducts by one or more third countries, or as a result of equivalent
measures, actual offers of those products do not correspond to the
prices which would prevail inthe absen ce of such measures orpractices and where such situation is causing or threatening tocause serious prejudice to Community production of the productsconcerned.
The introduction of such compensatory amounts shall respect the
international commitments entered into by the Member States andthe Community. The amounts shall be fixed in accordance withrules adopted by the Council, acting by a qualified majority on aproposal from the Commission.
TITLE II
Olive oil
Article 4
1. The following shall be fixed each year for the Community:
(a) before 1 August for the marketing year beginning the following
year: a production target price and an intervention price forolive oil;
(b) before 1 October for the following marketing year: a represen-
tative market price and a threshold price for olive oil.
However, when there is a marked change during the marketing year
in the factors which were used to determine the representative
market price for olive oil, it may be decided, inaccordan ce withthe procedure laid down in Article 38, to change the representativemarket price and the threshold price during the marketing year.
2. These prices shall be fixed at the wholesale stage for a stan-
dard quality of oil answering one of the descriptions in the Annex.1978R1562 — EN — 01.11.1978 — 001.001 — 5
▼B
3. The olive oil marketing year shall begin on 1 November and
shall end on 31 October of the following year.
4. The prices referred to in paragraph 1 (a) and the standard
quality referred to inparagraph 2 shall be adopted inaccordan cewith the procedure laid downinArticle 43 (2) of the Treaty.
The prices referred to inparagraph 1 (b) shall be adopted by the
Council acting by a qualified majority on a proposal from theCommission. The same procedure shall be used for adopting thegeneral rules of application of the second subparagraph of para-graph 1.
Article 5
1. Aid for the productionof olive oil shall be in troduced. This
aid, uniform in amount throughout the Community, shall be fixed
annually before 1 August for the marketing year beginning thefollowing year, in accordance with the procedure laid down inArticle 43 (2) of the Treaty. The aid, which is designed to contri-bute towards the establishment of a fair income for producers, shall
be fixed taking account of the effect of the consumption aid
referred to inArticle 11 ona part of the productionon ly.
2. The aid shall be granted:
— to growers who are members of a producer group recognized
under Regulation (EEC) No 1360/78, on the basis of the quan-tity of oil actually produced by them,
— to other growers, on the basis of the number and production
potential of the olive trees which they grow and of yields of
those trees as fixed according to a flat rate, and provided the
olives produced have beenactually harvested.
The aid shall however be granted only in respect of areas planted
with olive trees at 31 October 1978.
3. Recognized producer groups may assist in establishing the
production potential and yields referred to in paragraph 2.
4. The Council, acting by a qualified majority on a proposal
from the Commission, shall adopt the general rules of application
of this Article. In accordance with the same procedure the Councilmay decide to allocate a percentage to be determined of theproduction aid earmarked for all or some producers to the financingof regional measures to improve the quality of olive production.
5. Detailed rules of applicationof this Article shall be adopted
in accordance with the procedure laid down in Article 38 andwhere appropriate inaccordan ce with the procedure laid downinArticle 13 of Council Regulation (EEC) No 729/70 of 21 April1970 on the financing of the common agricultural policy (
2), as
last amended by Regulation (EEC) No 2788/72 (2).
Article 6
The productiontarget price shall be fixed at a level which is fair to
producers, account being taken of the need to keep Communityproductionat the required level.
Article 7
The representative market price shall be fixed at a level which will
permit normal marketing of olive oil produced, account being takenof prices for competing products, and in particular of the probable
trend of such prices during the marketing year, and the incidence of
the monthly increases referred to in Article 10 on the price of oliveoil.1978R1562 — EN — 01.11.1978 — 001.001 — 6
(1) OJ L 295, 30. 12. 1972, p. 1.
(2) OJ L 94, 28. 4. 1970, p. 13.
▼B
Article 8
The intervention price shall be equal to the production target price
less the production aid referred to in Article 5 and an amount
allowing for market fluctuations and for the cost of transporting
olive oil from productionareas to con sumptionareas.
Article 9
The threshold price shall be fixed insuch a way that the sellin g
price for the imported product at a Community frontier crossing
point shall be the same as the representative market price, accountbeing taken of the effect of the measures referred to in Article 11(3). The frontier crossing point shall be determined in accordancewith the procedure laid downinArticle 38.
Article 10
To enable sales to be staggered, the representative market price, the
intervention price and the threshold price shall be increased eachmonth for at least five months, beginning on 1 January, by anamount which shall be the same for all three prices.
The monthly increases, which shall be the same for each month,
shall be fixed each year by the Council acting by a qualified
majority on a proposal from the Commission, account being takenof average storage costs and interest charges in the Community.
Article 11
1. Where the productiontarget price less the productionaid
exceeds the representative market price for olive oil, a consumptionaid shall be granted for olive oil produced and marketed in theCommunity. The aid shall be equal to the difference between thesetwo amounts.
2. When a trade organization under the control of the Member
State concerned is entrusted with the management of the consump-tion aid arrangements, the Member State in question may authorizesuch body to levy from the recipients of the aid a fee to cover the
expenses incurred in managing such arrangements.
3. The Council, acting by a qualified majority on a proposal
from the Commission, shall decide each year before 1 October for
the following marketing year the percentage of the consumption aid
which is to be allocated to publicity campaigns and possibly toother projects for the promotionof the con sumptionof olive oil inthe Community.
4. The Council, acting by a qualified majority on a proposal
from the Commission, shall adopt the general rules for the applica-tion of this Article and in particular those relating to theverificationof eligibility for aid; such verificationshall inprin ciple
relate both to olive oil produced in the Community and to olive oil
imported from third countries.
5. Detailed rules of applicationof this Article shall be adopted
inaccordan ce with the procedure laid downinArticle 38 an d,
where appropriate, inaccordan ce with the procedure laid downinArticle 13 of Regulation(EEC) No 729/70.
Article 11a
Member States shall, in so far as they are concerned, take the
necessary measures to provide for sanctions in the event ofbreaches of the aid arrangements laid down in Articles 5 and 11.
Member States shall communicate to the Commission the measures
provided for inthe first paragraph as soonas they are adopted.
Article 12
1. The intervention agencies designated by the producer Member
States shall buy in, in accordance with the rules adopted underparagraph 4, olive oil of Community origin which is offered tothem by producers or producer groups and associations thereofrecognized pursuant to Regulation (EEC) No 1360/78 at interven-1978R1562 — EN — 01.11.1978 — 001.001 — 7
▼B
tion centres in production areas. The intervention agencies shall
buy in at the intervention price. The buying-in price shall beadjusted by means of a scale of price increases and reductions
where the description or quality of the oil offered to the interven-
tion agency does not correspond to that for which the interventionprice was fixed.
If, at the request of the intervention agency, oil is delivered to a
place other than the centre indicated by the seller when the offeris made, the resulting change in transport costs to the seller shallbe taken into account when payment is effected.
2. The intervention agencies shall sell within the Community the
olive oil bought in by them, under conditions such that the marketat the productionstage is n ot disturbed.
3. The Council, acting by a qualified majority on a proposal
from the Commission, shall adopt:
(a) the conditions on which intervention may take place during the
last three months of the marketing year;
(b) the conditions on which the intervention agencies may put the
oil bought inup for sale;
(c) the criteria applicable to the determination of the intervention
centres.
4. Detailed rules for the applicationof this Article an d the deter-
mination of the intervention centres shall be adopted in accordance
with the procedure laid downinArticle 38.
Article 13
To mitigate the effects of harvest fluctuations on the balance
between supply and demand and in this way to stabilize consumer
prices, the Council, acting by a qualified majority on a proposal
from the Commission, may require intervention agencies to form abuffer stock of olive oil; it shall, inaccordan ce with the sameprocedure, lay down the conditions governing the formation,management and disposal of the buffer stock.
Article 14
1. Where untreated olive oil falling withing within subheading
15.07 A I of the CommonCustoms Tariff is imported from thirdcountries and where the threshold price is higher than the cif price,a levy equal to the difference between these two prices shall becharged.
2. The cif price, calculated for the frontier crossing point
referred to inArticle 9, shall be determin ed onthe basis of themost favourable purchasing possibilities on the world market, theprices being adjusted by reference to any differences from the
descriptionor quality for which the threshold price was fixed.
3. Where free quotations on the world market are not a deter-
mining factor for the offer price and where that price is lower
thanworld market prices, a price determin ed onthe offer price
shall be substituted for the cif price inrespect of the imports inquestionon ly.
4. The levy shall be fixed by the Commission. The criteria for
determining the cif price and the price referred to in paragraph 3
and the detailed rules for the application of this Article shall beadopted inaccordan ce with the procedure laid downinArticle 38.
Article 15
1. A levy shall be charged onimports from third coun tries of
olive oil falling within subheading 15.07 A II of the Common
Customs Tariff; this levy shall be composed of a variable compo-nent corresponding to the levy applicable to the quantity of oliveoil needed for production of the imported oil, which may be fixedat a standard rate, and a fixed component to protect the processingindustry.1978R1562 — EN — 01.11.1978 — 001.001 — 8
▼B
2. Where, for one or more origins, the offer prices on the world
market for olive oil falling within subheading 15.07 A II of theCommon Customs Tariff are not in line with the cif price referred
to inArticle 14, the latter shall be replaced for the calculationof
the variable component of the levy by a price determined on thebasis of the abovementioned offer prices.
3. Detailed rules for the applicationof this Article shall be
adopted inaccordan ce with the procedure laid downinArticle 38.
Article 16
1. Where the real trend on the world market in untreated olive
oil cannot be determined from the offers on that market, the import
levy onthe products referred to inArticles 14 an d 15 shall be fixed
by tendering procedure.
2. The Commissionshall periodically fix the rate of the
minimum levy, having regard among other things to the rates of
levy indicated by the tenderers. Any tenderer having indicated a
rate of levy equal to or higher thanthe min imum rate shall bedeclared a successful tenderer and shall be obliged to import thequantity of the product specified in his application at the rate oflevy indicated by him.
3. However, imports involving quantities which have no effect
on the market situation shall not be subject to the abovementionedtendering procedure. In that case, the levy to be charged shall bethe latest minimum levy fixed before importation.
4. Where the trend on the world market in untreated olive oil
varies according to the presentation of the oil, different minimumlevies may be fixed for the presentations concerned.
5. The Council, acting by a qualified majority on a proposal
from the Commission, shall adopt general rules for the applicationof this Article.
6. Detailed rules for the applicationof this Article shall be
adopted inaccordan ce with the procedure laid downinArticle 38.
Article 17
1. On imports from third countries of olives falling within
subheadings 07.01 N II and 07.03 A II of the Common Customs
Tariff, a levy derived from the levy applicable to olive oil pursuant
to Article 14 and based on the oil content of the imported productshall be charged.
However, the levy charged may not be less than an amount equal to
8 % of the value of the imported product, such amount to be fixedat a standard rate.
2. On imports from third countries of products. falling within
subheadings 23.04 A II and 15.17 B I of the Common CustomsTariff, a levy derived from the levy applicable to olive oil andbased on the oil content of the imported product shall be charged.
3. Where Article 16 is applied, a levy shall be charged on
imports of the products referred to inthe precedin g paragraphs,taking account of the minimum levy applicable to the quantity ofolive oil contained in those products. However, as regards theproducts referred to inparagraph 1, the secon d subparagraph of
that paragraph shall apply.
4. The Commissionshall periodically fix the levies referred to in
this Article.
5. Detailed rules for the applicationof this Article, an d inparti-
cular those concerning the determination of the oil content, whichmay be fixed at a standard rate, shall be adopted in accordancewith the procedure laid downinArticle 38.1978R1562 — EN — 01.11.1978 — 001.001 — 9
▼B
Article 18
1. Where Articles 14, 15 and 17 (1) and (2) are applied, the levy
applicable to animport shall be that inforce onthe day of importa-tion.
However, as regards importationof the products listed inArticle 1
(2) (c), the levy may be fixed inadvan ce, at the request of the partyconcerned, in accordance with the conditions adopted by theCouncil acting by a qualified majority on a proposal from theCommission.
2. Detailed rules for the applicationof this Article shall be
adopted inaccordan ce with the procedure laid downinArticle 38.
Article 19
1. Imports into the Community of the products referred to in
Article 1 (2) (c) and Article 17 shall be subject to the presentation
of animport licen ce.
Exports of olive oil from the Community shall be subject to the
presentation of an export licence.
Where the levy or refund is fixed in advance, the advance fixing
shall be noted on the licence which serves as a supporting docu-ment for such advance fixing.
2. A licence shall be issued by Member States to any applicant,
irrespective of his place of establishment in the Community.
However, where Article 16 (1) and (2) is applied, Member States
shall issue import licences in respect of olive oil only to tendererswho have indicated a rate of levy equal to or higher than theminimum levy. The import or export licence shall be valid
throughout the Community.
The issue of such licences shall be subject to the provision of a
security guaranteeing the undertaking to import or export duringthe period of validity of the licence; such security shall be forfeit
inwhole or inpart if the operationis n ot effected withinthat time
limit or is effected only partially.
3. Detailed rules for the applicationof this Article shall be
adopted inaccordan ce with the procedure laid downinArticle 38.They shall lay down the duration of validity of the licences and
may specify a time limit for their issue.
Article 20
1. Where olive oil is exported to third countries:
— the difference between the Community price and the world
price may be covered by a refund where the former is higherthanthe latter;
— a levy to cover the difference between the world price and the
Community price may be charged where the former is higherthanthe latter.
2. The Council, acting by a qualified majority on a proposal
from the Commission, shall adopt general rules governing the
measures provided for inthis Article an d inparticular thoseconcerning the grant of the refund, the charging of the exportlevy, the fixing of their amounts and, where appropriate, theadvance fixing of the refund.
3. Detailed rules for the applicationof this Article shall be
adopted inaccordan ce with the procedure laid downinArticle 38.
Article 20a
Olive oil used in the manufacture of preserved fish and vegetables
shall benefit from a system of production refunds or from full or
partial suspension of the import levy.
The general rules for the application of this Article shall be adopted
by the Council acting by a qualified majority on a proposal fromthe Commission.1978R1562 — EN — 01.11.1978 — 001.001 — 10
▼B
Article 20b
1. If by reasonof imports or exports the Commun ity market in
one or more of the products listed in Article 1 (2) (c), (d) and (e)experiences or is threatened with serious disturbances which mayendanger the objectives set out in Article 39 of the Treaty, appro-priate measures may be applied in trade with third countries until
such disturbance or threat of disturbance has ceased.
The Council, acting by a qualified majority on a proposal from the
Commission, shall adopt rules for the application of this paragraphand define the cases in which and the limits within which Member
States may take protective measures.
2. If the situation mentioned in paragraph 1 arises, the Commis-
sionshall, at the request of a Member State or onits ownin itiative,decide uponthe n ecessary measures; the measures shall be commu-nicated to the Member States and shall be immediately applicable.If the Commissionreceives a request from a Member State, it shall
take a decisionthereonwithin24 hours followin g receipt of the
request.
3. Measures decided uponby the Commissionmay be referred
to the Council by any Member State within three working daysfollowing the day on which they were communicated. The Councilshall meet without delay. It may, acting by a qualified majority,
amend or repeal the measures in question.
Article 20c
Inthe olive oil sector, the producer groups provided for by Regula-
tion(EEC) No 1360/78 shall, inorder to be recogn ized, satisfy the
conditions laid down by the said Regulation and also:
— be able to verify the actual productionof their members;
— be authorized to submit a single application for all their
producer members;
— be authorized to receive the aid and pay to each member his
share.
Without prejudice to Article 8 of Regulation(EEC) No 1360/78,
recognition of a producer group shall be withdrawn if the condi-tions for recognition laid down in the first subparagraph were notor are no longer fulfilled.
Article 20d
1. By way of derogationfrom Article 10 (1) an d (2) of Regula-
tion(EEC) No 1360/78, Member States shall, for a period of fiveyears from 1 November 1978, grant aid to recognized producergroups to encourage their formation and facilitate their administra-tion, subject to the following conditions:
(a) aid shall be granted for five years from the date of their recog-
nition, and
(b) the amounts shall be as follows for the first, second, third,
fourth and fifth years respectively:
— not more than 5 %, 4 %, 3 %, 2 % and 1 % of the value of
the production to which recognition and marketing relate;
— under no circumstances in excess of 80 %, 60 %, 40 %,
20 % and 10 % of the actual costs of forming and adminis-tering the group.
2. Where prices on the Community market are close to the inter-
vention price during a period to be determined, it may be decided
inaccordan ce with the procedure laid downinArticle 38 thatrecognized producer groups may conclude storage contracts inrespect of the olive oil which they market.
3. Detailed rules for the applicationof this Article shall be
adopted inaccordan ce with the procedure laid downinArticle 38.’1978R1562 — EN — 01.11.1978 — 001.001 — 11
▼B
Article 2
Article 42a of RegulationNo 136/66/EEC shall be replaced by the
following:
‘Article 42a
The Common Customs Tariff annexed to Regulation (EEC)
No 950/68 is hereby amended as follows:
CCT
heading
NoDescriptionRate of duty
Autono-
mous % or
levy (L)Conven-
tional
%
123 4
07.01 N. Olives:
II. Other 7 (L) —
07.03 A. Olives:
II. Other 8 (L) —
23.04 A. Oil cake and other residues
resulting from the extrac-
tionof olive oil:
I. Containing 3 % or less
by weight of olive oilFree —
II. Containing more than
3 % by weight of olive
oilFree (L) —’
Article 3
This Regulation shall enter into force on the third day following its
publicationinthe Official Journal of the European Communities .
It shall apply from ►M11 January 1979 ◄.
This Regulation shall be binding in its entirety and directly applicable
inall Member States.1978R1562 — EN — 01.11.1978 — 001.001 — 12