****

( 1 ) OJ NO C 226 , 5 . 9 . 1981 , P . 3 .

( 2 ) OPINION DELIVERED ON 16 OCTOBER 1981 ( NOT YET PUBLISHED IN THE OFFICIAL JOURNAL ).

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

( 4 ) OJ NO L 360 , 31 . 12 . 1980 , P . 16 .

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

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

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

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

( 3 ) OJ NO L 254 , 2 . 10 . 1980 , P . 1 .

COUNCIL REGULATION ( EEC ) NO 2989/81

OF 19 OCTOBER 1981

LAYING DOWN SPECIAL MEASURES IN RESPECT OF OLIVE OIL PRODUCER ORGANIZATIONS FOR THE 1981/82 MARKETING YEAR

THE COUNCIL OF THE EUROPEAN

COMMUNITIES ,

HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY , AND IN PARTICULAR ARTICLE 43 THEREOF ,

HAVING REGARD TO THE PROPOSAL FROM THE COMMISSION ( 1 ),

HAVING REGARD TO THE OPINION OF THE EUROPEAN PARLIAMENT ( 2 ),

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 ( 3 ), AS LAST AMENDED BY REGULATION ( EEC ) NO 3454/80 ( 4 ), PROVIDES INTER ALIA FOR ASSOCIATIONS OF PRODUCER GROUPS RECOGNIZED PURSUANT TO REGULATION ( EEC ) NO 1360/78 ( 5 ) TO ASSIST WITH THE MANAGEMENT OF THE PRODUCTION AID ; WHEREAS , FOR THIS REASON , GROWERS WHO ARE MEMBERS OF THE PRODUCER GROUPS FORMING THE ASSOCIATIONS AND INDIVIDUAL GROWERS WHO SUBJECT THEMSELVES TO THE CHECKS OF A PRODUCER GROUP ASSOCIATION WILL RECEIVE PRODUCTION AID ON THE BASIS OF THE QUANTITY OF OLIVE OIL OBTAINED ;

WHEREAS BECAUSE OF THE DELAYS TO IMPLEMENTING THE SYSTEM LAID DOWN IN REGUATION ( EEC ) NO 1360/78 , PRODUCER GROUPS AND THEIR ASSOCIATIONS CANNOT BE RECOGNIZED IN TIME FOR THE ARRANGEMENTS IN QUESTION TO BECOME OPERATIONAL ON 1 NOVEMBER 1981 , THE DATE LAID DOWN BY REGULATION ( EEC ) NO 1917/80 ( 6 ); WHEREAS UNDER THESE CIRCUMSTANCES APPLICATION OF THE SYSTEM INSTITUTED BY REGULATION ( EEC ) NO 1917/80 SHOUD THEREFORE BE DEFERRED UNTIL THE BEGINNING OF THE 1982/83 MARKETING YEAR AND THE TEMPORARY MEASURES APPLIED WITH REGARD TO OLIVE OIL PRODUCER ORGANIZATIONS DURING THE PAST THREE MARKETING YEARS SHOULD BE RETAINED FOR THE 1981/82 MARKETING YEAR ;

WHEREAS , BY REASON OF THE EXISTING SITUATION IN GREECE , PROVISION SHOULD BE MADE , AS REGARD THIS MEMBER STATE , TO EXTEND THE TIME LIMIT FOR SETTING UP PRODUCER ORGANIZATIONS ,

HAS ADOPTED THIS REGULATION :

ARTICLE 1

IN THE SECOND PARAGRAPH OF ARTICLE 3 OF REGULATION ( EEC ) NO 1917/80 , ' 1 NOVEMBER 1981 ' IS HEREBY REPLACED BY 1 NOVEMBER 1982 .

ARTICLE 2

1 . BY WAY OF DEROGATION FROM THE FIRST INDENT OF THE FIRST SUBPARAGRAPH OF ARTICLE 5 ( 2 ) OF REGULATION NO 136/66/EEC , DURING THE 1981/82 MARKETING YEAR , PRODUCTION AID SHALL ALSO BE GRANTED , ON THE BASIS OF THE QUANTITY OF OLIVE OIL PRODUCED , TO GROWERS WHO ARE MEMBERS OF A PRODUCER ORGANIZATION SET UP BEFORE 10 OCTOBER 1981 , OR AS REGARDS THE HELLENIC REPUBLIC , HAVING COMPLIED , BEFORE THAT DATE , WITH THE FORMALITIES NECESSARY FOR ITS SETTING UP , WHICH MEETS THE FOLLOWING CONDITIONS :

- ITS COMPOSITION MEETS THE REQUIREMENTS OF ARTICLE 5 ( 1 ) AND ( 2 ) OF REGULATION ( EEC ) NO 1360/78 ,

- IT IS CAPABLE OF VERIFYING THE OLIVE AND OLIVE OIL PRODUCTION OF ITS MEMBERS ,

- IT IS EMPOWERED TO SUBMIT AN APPLICATION FOR PRODUCTION AID FOR ALL ITS MEMBER GROWERS ,

- IT IS EMPOWERED TO RECEIVE THE AID AND ALLOCATE TO EACH MEMBER THE SHARE DUE TO HIM ,

- IT HAS A MINIMUM NUMBER OF MEMBERS OR OBTAINS A MINIMUM VOLUME OF OIL PRODUCTION ,

- IT EXERCISES NO DISCRIMINATION , WITH REGARD TO ANY ASPECT OF ITS ACTIVITIES , BETWEEN PRODUCERS WHO ARE POTENTIAL MEMBERS , AND IN PARTICULAR ON GROUNDS OF NATIONALITY OR LOCATION OF ESTABLISHMENT .

2 . PRODUCER ORGANIZATIONS REFERRED TO IN PARAGRAPH 1 SHALL , NOT LATER THAN 31 OCTOBER 1981 , 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 THE DATE OF ITS SUBMISSION ,

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

3 . PRODUCER ORGANIZATIONS SET UP DURING THE 1978/79 , 1979/80 AND 1980/81 MARKETING YEARS UNDER COUNCIL REGULATIONS ( EEC ) NO 2752/78 ( 1 ), ( EEC ) NO 2377/79 ( 2 ) AND ( EEC ) NO 2528/80 ( 3 ) SHALL CONTINUE TO BENEFIT FROM THE AID ARRANGEMENTS PROVIDED FOR IN PARAGRAPH 1 .

SUCH PRODUCER ORGANIZATIONS SHALL , BY 20 OCTOBER 1981 AT THE LATEST , INFORM 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 , NO LATER THAN 5 NOVEMBER 1981 , THE COMMISSION AND THE PRODUCER 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 3

1 . THE PRODUCER ORGANIZATIONS REFERRED TO IN ARTICLE 2 MAY RETAIN A PERCENTAGE , TO BE DETERMINED , OF THE AMOUNT OF THE PRODUCTION AID PAID TO THEM . THIS PERCENTAGE IS INTENDED TO COVER THE COSTS OF ACTIVITIES OF PRODUCER ORGANIZATIONS ARISING UNDER ARTICLE 2 ( 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 4

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

ARTICLE 5

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 LUXEMBOURG , 19 OCTOBER 1981 .

FOR THE COUNCIL

THE PRESIDENT

P . WALKER