1979R1963 — EN — 13.02.1987 — 003.001 — 1
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►B COMMISSIONREGULATION(EEC)No1963/79
of6September1979
laying down detailed rules for the application of the production refund on olive oil used in the
manufactureofcertainpreserved foods
(OJ L 227, 7.9.1979, p. 10)
Amended by:
Official Journal
No page date
►M1CommissionRegulation(EEC) No 2829/79 of 14 December 1979 L 320 50 15.12.1979
►M2CommissionRegulation(EEC) No 2940/80 of 13 November 1980 L 305 17 14.11.1980
►M3CommissionRegulation(EEC) No 393/87 of 9 February 1987 L 40 9 10.2.1987
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COMMISSIONREGULATION(EEC)No1963/79
of6September1979
laying down detailed rules for the application of the production
refund on olive oil used in the manufacture of certain preserved
foods
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European EconomicCommunity,
Having regard to Council Regulation No 136/66/EEC of 22 September
1966 on the establishment of a common organization of the market inoils and fats (
1), as last amended by Regulation (EEC) No 590/79 (2),
Having regard to Council Regulation (EEC) No 2749/78 of 23
November 1978 on trade in oils and fats between the Community andGreece (
3),
Having regard to Council Regulation (EEC) No 591/79 of 26 March
1979 laying down general rules concerning the production refund forolive oils used inthe man ufacture of certainpreserved foods(
4), and
inparticular Article 9 thereof,
Whereas the control arrangements provided for in Article 8 (2) of
Regulation (EEC) No 591/79 must ensure that the production refund
is granted only in respect of olive oil which satisfies the conditionslaid down in the present Regulation and in Regulation (EEC) No 591/79; whereas, in principle, the refund should be granted only after thatcontrol has been effected;
Whereas, if the control is to be properly effected, the application to
have it effected should be submitted in good time and should containcertain basic information; whereas, to that same end, manufacturers of
fish and vegetable preserves should be required to keep stock accounts
indicating the quantity and origin of the olive oil used;
Whereas the control must extend over a period which will allow
processors to plantheir productioninthe light of cost prices an d to
obtain supplies of olive oil; whereas, for the same reasons, the refundto be granted should be the refund valid on the day on which the appli-cationto have the con trol effected is submitted;
Whereas, to enable the parties concerned to buy the olive oil they
require, Member States should be free to pay the amount of the refundinadvan ce, subject to the provisionof a security;
Whereas CommissionRegulation(EEC) No 615/71 (
5) should be
repealed;
Whereas the measures provided for inthis Regulationare inaccor-
dance with the opinion of the Management Committee for Oils andFats,
HAS ADOPTED THIS REGULATION:
Article 1
For purposes of the production refund, manufacturers of the fish and
vegetable preserved foods referred to inArticle 2 of Regulation(EEC)1979R1963 — EN — 13.02.1987 — 003.001 — 2
(1) OJ No 172, 30. 9. 1966, p. 3025/66.
(2) OJ No L 78, 30. 3. 1979, p. 1.
(3) OJ No L 331, 28. 11. 1978, p. 1.
(4) OJ No L 78, 30. 3. 1979, p. 2.
(5) OJ No L 71, 25. 3. 1971, p. 12.
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No 591/79 shall keep, inrespect of the said preserved foods, daily
stock accounts giving at least the following information:
(a) the quantity of olive oil, broken down by origin and presentation,
brought into the factory;
(b) the quantity of olive oil, broken down by origin, used in the manu-
facture of the preserved food;
(c) in respect of each incoming batch of olive oil, the number of the
invoice, receipt or any other equivalent document;
(d) the net weight of preserved food produced, with indication of the
average weight of olive oil employed for each type of manufacture.
Article 2
1. In order to qualify for the production refund, the manufacturer
must submit a request for verificationto the competen t authority beforethe date envisaged for the commencement of manufacturing operations.
Such a request may not be submitted until the oil is in the manufac-
turing premises.
The Member State concerned shall, if necessary, specify a minimum
period which must elapse betweenthe submissionof the request for
verificationan d the date specified inthe first subparagraph.
2. The application must contain at least the following information:
(a) the name and address of the manufacturer;
(b) the dates on which manufacture is to begin and end;
(c) the quantity and type of preserved food to be manufactured;
(d) the quantity of olive oil expected to be used in the manufacture,
and the origin of the oil.
3. The request for verification shall be valid only for a manufac-
turing process to be completed within a period ending not later thanthe last day of the third month following that in which the applicationwas submitted.
However, Member Staes may provide for a longer period not exceeding
eight months where for the purposes of the preserved food manufac-turing process it is necessary that the oil remains in contact with thefish or vegetables for a longer period than that provided for in the firstsubparagraph.
If by reasonof force majeure manufacture cannot be carried out within
this period the competent agency of the Member State concerned shall,on request by the manufacturer, extend the period to the extent consid-ered necessary having regard to the circumstances invoked.
Article 3
The Member States shall check:
(a) that the manufacturer's stock record is kept in accordance with
Article 1;
(b) that the oil indicated in the request for verification was on the
premises at the time the applicationwas submitted.
Article 4
1. The production refund shall be granted on application by the
manufacturer within the Member State where the preserved food wasmanufactured.1979R1963 — EN — 13.02.1987 — 003.001 — 3
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2. The applicationreferred to inparagraph 1 must in clude details of
the quantity of oil employed in manufacturing the preserved food andits origin. The application must be submitted by the party concerned
withinsix mon ths from the date whenthe oil was used.
Article 5
The refund shall be paid when the Member State concerned has veri-
fied that the quantity of oil shown in the application referred to inArticle 4 and the quantity and origin of oil employed in manufacturingthe preserved food correspond.
However, at the request of the party concerned, the refund may be paid
inadvan ce as soonas the check referred to inArticle 3 has beencarried out, on condition that a security is provided to guarantee that
the oil will be used for the purposes specified.
Article 6
For the purposes of the verificationreferred to inthe first paragraph of
Article 5, the Member State shall inter alia check the stock accounts
referred to inArticle 1.
Article 7
If the quantity of olive oil mentioned in the application referred to in
Article 4 and the quantity of oil used as shown by the verificationreferred to in Article 5 do not correspond, the Member State concernedshall assess the quantity of olive oil in respect of which the refund ispayable.
Article 8
The refund granted shall be that valid on the day on which the request
for verificationreferred to inArticle 2 was submitted.
Article 9
The amount referred to in Article 4 (2) of Regulation (EEC) No 591/79
shall be 0·50 ECU. However, where the arithmetic meanreferred to in
the first subparagraph of Article 4 (1) of the abovementioned Regula-tionis zero, the refun d shall be fixed at zero.
Article 9 (a)
For the purposes of calculating the amount of the refund, the provisions
of the second paragraph of Article 4 (1) or of Article 5 (2) of Regula-tion(EEC) No 591/79 shall apply on ly if the olive oil used inthemanufacture of preserves was produced within the Community and
bought by the manufacturer in packages with a net content exceeding
five litres.
Article 10
Regulation(EEC) No 615/71 is hereby repealed.
Article 11
This Regulation shall enter into force on 10 September 1979.It shall apply to olive oil inrespect of which the requests referred to in
Article 2 are submitted onor after that date. As regards oil inrespectof which the requests referred to inArticle 2 are submitted prior to thatdate, Regulation (EEC) No 615/71 shall continue to apply.
This Regulation shall be binding in its entirety and directly applicable
inall Member States.1979R1963 — EN — 13.02.1987 — 003.001 — 4
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