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( 1 ) OJ NO 172 , 30 . 9 . 1966 , P . 3025/66 .

( 2 ) OJ NO L 186 , 19 . 7 . 1980 , P . 1 .

( 3 ) OJ NO L 166 , 23 . 6 . 1978 , P . 1 .

( 4 ) OJ NO L 331 , 28 . 11 . 1978 , P . 8 .

( 5 ) OJ NO L 274 , 31 . 10 . 1979 , P . 1 .

COUNCIL REGULATION ( EEC ) NO 2528/80

OF 30 SEPTEMBER 1980

LAYING DOWN SPECIAL MEASURES IN RESPECT OF OLIVE OIL PRODUCER ORGANIZATIONS FOR THE 1980/81 MARKETING YEAR

THE COUNCIL OF THE EUROPEAN

COMMUNITIES ,

HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ,

HAVING REGARD TO COUNCIL REGULATION NO 136/66/EEC OF 22 SEPTEMBER 1966 ON THE COMMON ORGANIZATION OF THE MARKET IN OILS AND FATS ( 1 ), AS LAST AMENDED BY REGULATION ( EEC ) NO 1917/80 ( 2 ), AND IN PARTICULAR ARTICLE 36 THEREOF ,

HAVING REGARD TO THE PROPOSAL FROM THE COMMISSION ,

WHEREAS , BECAUSE OF DELAYS IN IMPLEMENTING THE SYSTEM LAID DOWN IN COUNCIL REGULATION ( EEC ) NO 1360/78 OF 19 JUNE 1978 ON PRODUCER GROUPS AND ASSOCIATIONS THEREOF ( 3 ), COUNCIL REGULATIONS ( EEC ) NO 2752/78 ( 4 ) AND 2377/79 ( 5 ) ADOPTED FOR THE 1978/79 AND 1979/80 MARKETING YEARS SPECIAL MEASURES IN RESPECT OF ORGANIZATIONS OF OLIVE OIL PRODUCERS ;

WHEREAS THE REASONS FOR THE ADOPTION OF THESE SPECIAL MEASURES STILL EXIST ; WHEREAS IT IS IMPOSSIBLE FOR RECOGNITION OF GROUPS OF OLIVE GROWERS UNDER REGULATION ( EEC ) NO 1360/78 TO TAKE PLACE WITHIN THE NEXT FEW MONTHS ; WHEREAS THE SPECIAL MEASURES LAID DOWN BY REGULATION ( EEC ) NO 2377/79 SHOULD THEREFORE BE RETAINED , WITH CERTAIN ADJUSTMENTS , FOR THE COMING YEAR ,

HAS ADOPTED THIS REGULATION :

ARTICLE 1

1 . BY WAY OF DEROGATION FROM THE FIRST SUBPARAGRAPH OF ARTICLE 5 ( 2 ) OF REGULATION NO 136/66/EEC , DURING THE 1980/81 MARKETING YEAR PRODUCTION AID SHALL ALSO BE GRANTED , ON THE BASIS OF THE QUANTITY OF OLIVE OIL PRODUCED , TO OLIVE GROWERS WHO ARE MEMBERS OF A PRODUCER ORGANIZATION SET UP BEFORE 10 OCTOBER 1980 WHICH MEETS THE FOLLOWING CONDITIONS :

- THEIR COMPOSITION SHALL COMPLY WITH ARTICLE 5 ( 1 ) AND ( 2 ) OF REGULATION ( EEC ) NO 1360/78 ,

- THEY SHALL BE CAPABLE OF VERIFYING THE OLIVE AND OLIVE OIL PRODUCTION OF THEIR MEMBERS ,

- THEY SHALL BE EMPOWERED TO SUBMIT AN APPLICATION FOR PRODUCTION AID FOR ALL THEIR MEMBER GROWERS ,

- THEY SHALL BE EMPOWERED TO RECEIVE THE AID AND ALLOCATE TO EACH MEMBER THE SHARE DUE TO HIM ,

- THEY SHALL HAVE A MINIMUM NUMBER OF MEMBERS OR OBTAIN A MINIMUM VOLUME OF OIL PRODUCTION ,

- THEY SHALL EXLUDE , AS REGARDS THE WHOLE RANGE OF THEIR ACTIVITIES , ANY DISCRIMINATION BETWEEN POTENTIAL MEMBER PRODUCERS BASED IN PARTICULAR ON NATIONALITY OR PLACE OF ESTABLISHMENT .

2 . THE PRODUCER ORGANIZATIONS CONCERNED SHALL , NOT LATER THAN 31 OCTOBER 1980 , SUBMIT AN APPLICATION TO THE COMPETENT AUTHORITIES OF THE MEMBER STATE CONCERNED FOR VERIFICATION THAT THE CONDITIONS SET OUT IN PARAGRAPH 1 HAVE BEEN MET .

THE MEMBER STATE SHALL :

- TAKE A DECISION ON THE APPLICATION WITHIN 45 DAYS OF ITS SUBMISSION ,

- NOTIFY THE COMMISSION AND THE PRODUCER ORGANIZATIONS CONCERNED OF ITS DECISION WITHIN 15 DAYS .

3 . PRODUCER ORGANIZATIONS SET UP DURING THE 1978/79 AND 1979/80 MARKETING YEARS UNDER REGULATIONS ( EEC ) NO 2752/78 AND ( EEC ) NO 2377/79 SHALL CONTINUE TO BENEFIT FROM THE AID ARRANGEMENTS PROVIDED FOR IN PARAGRAPH 1 .

SUCH PRODUCER ORGANIZATIONS SHALL , BEFORE 20 OCTOBER 1980 , INFORM THE COMPETENT AUTHORITY OF THE MEMBER STATE CONCERNED OF ANY AMENDMENT TO THEIR STRUCTURE WHICH MAY HAVE TAKEN PLACE SINCE THEY WERE RECOGNIZED .

THE MEMBER STATE CONCERNED SHALL :

- ON THE BASIS OF THIS INFORMATION , VERIFY WHETHER THE CONDITIONS SET OUT IN PARAGRAPH 1 CONTINUE TO BE MET ,

- NOTIFY BY NO LATER THAN 5 NOVEMBER 1980 , THE COMMISSION AND THE ORGANIZATIONS CONCERNED OF THE OUTCOME OF THESE VERIFICATIONS .

4 . DETAILED RULES FOR THE APPLICATION OF THIS ARTICLE SHALL BE ADOPTED IN ACCORDANCE WITH THE PROCEDURE LAID DOWN IN ARTICLE 38 OF REGULATION NO 136/66/EEC .

ARTICLE 2

1 . THE PRODUCER ORGANIZATIONS REFERRED TO IN ARTICLE 1 MAY RETAIN A PERCENTAGE , TO BE DETERMINED , OF THE AMOUNT OF THE PRODUCTION AID PAID TO THEM . THIS PERCENTAGE IS TO COVER THE COSTS GENERATED BY THE ACTIVITIES OF THE PRODUCER ORGANIZATIONS ARISING UNDER ARTICLE 1 ( 1 ).

2 . DETAILED RULES FOR THE APPLICATION OF PARAGRAPH 1 SHALL BE ADOPTED IN ACCORDANCE WITH THE PROCEDURE LAID DOWN IN ARTICLE 38 OF REGULATION NO 136/66/EEC .

ARTICLE 3

ARTICLES 5 ( 3 ), 12 ( 1 ) AND 20D ( 2 ) OF REGULATION NO 136/66/EEC SHALL APPLY TO THE PRODUCER ORGANIZATIONS SPECIFIED IN ARTICLE 1 OF THIS REGULATION .

ARTICLE 4

THIS REGULATION SHALL ENTER INTO FORCE ON THE DAY OF ITS PUBLICATION IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES .

THIS REGULATION SHALL BE BINDING IN ITS ENTIRETY AND DIRECTLY APPLICABLE IN ALL MEMBER STATES .

DONE AT BRUSSELS , 30 SEPTEMBER 1980 .

FOR THE COUNCIL

THE PRESIDENT

C . NEY