COUNCIL REGULATION (EEC) No 2047/92 of 30 June 1992 fixing the prices, aids and percentages of aid to be retained in the olive-oil sector for the 1992/93 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 Act of Accession of Spain and Portugal, and in particular Articles 89 (1), 92 (3), 234 (2) and 290 (3) thereof,

Having regard to 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), and in particular Articles 4 (4), 5 (1) and 11 (6) thereof,

Having regard to the proposal from the Commission (2),

Having regard to the opinion of the European Parliament (3),

Having regard to the opinion of the Economic and Social Committee (4),

Whereas the target price for olive-oil production must be fixed in accordance with the criteria laid down in Articles 4 and 6 of Regulation No 136/66/EEC;

Whereas the intervention price must be fixed in accordance with the criteria laid down in Article 8 of Regulation No 136/66/EEC;

Whereas, as a result of the application of Articles 68 and 236 of the Act of Accession, the intervention price for olive oil in Spain and Portugal differs from the common prices; whereas the detailed rules for the alignment of intervention prices for olive oil applicable in Spain and Portugal are those provided for in the second indents of Articles 92 (2) and 290 (2) of the Act of Accession;

Whereas the representative market price must be fixed according to the criteria laid down in Article 7 of Regulation No 136/66/EEC;

Whereas the threshold price must be fixed in such a way that the selling price for the imported product at the frontier crossing point determined in accordance with Article 9 of Regulation No 136/66/EEC is the same as the representative market price, account being taken of the effect of the measures referred to in Article 11 (6) of the said Regulation;

Whereas, if producers are to receive a fair income, production aid must be fixed in the light of the impact which the consumption aid has on a part only of production;

Whereas Articles 95 and 293 of the Act of Accession make provision for Community aid for the production of olive oil in Spain and Portugal; whereas, pursuant to Articles 79 and 246 of that Act, the Community aid in Spain and Portugal should be aligned on the common aid at the beginning of the marketing year; whereas the rules on that alignment result in the Spanish and Portuguese aid rates shown below;

Whereas, in accordance with Articles 5 (4) and 20d (1) of Regulation No 136/66/EEC, the percentages of production aid to be allocated to finance measures to improve the quality of olive-oil production and to finance expenditure incurred in the work done by recognized producer organizations or associations thereof in administering and controlling olive-oil production aid, should be determined;

Whereas Article 2 of Council Regulation (EEC) No 3416/90 of 27 November 1990 on the introduction of Community aid for the consumption of olive oil in Spain and Portugal (5) lays down criteria for adjusting this aid to the Community level; whereas the application of those criteria results in consumption aid in Spain and Portugal during the 1992/93 marketing year being fixed at the levels indicated in this Regulation;

Whereas, pursuant to Article 11 (5) and (6) of Regulation No 136/66/EEC, a certain percentage of the consumption aid during each olive-oil marketing year is to be used, on the one hand, to finance measures by the recognized trade organizations referred to in paragraph 3 of the abovementioned Article and, on the other hand, to finance measures to promote olive-oil consumption in the Community; whereas the said percentages for the 1992/93 marketing year should be fixed,

HAS ADOPTED THIS REGULATION:

Article 1

For the 1992/93 marketing year, the production target price and the intervention price for olive oil shall be as follows:

(a) production target price:ECU 322,01/100 kg;

(b) intervention price:

- for SpainECU 183,27/100 kg,

- for PortugalECU 198,48/100 kg,

- for the Community of Ten:ECU 202,37/100 kg.

Article 2

For the 1992/93 marketing year, the representative market price and the threshold price for olive oil shall be as follows:

- representative market price:ECU 191,78/100 kg,

- threshold price:ECU 188,48/100 kg.

Article 3

For the 1992/93 marketing year, the production aid shall be as follows:

(a) - for Spain:ECU 55,47/100 kg,

- for Portugal:ECU 62,98/100 kg,

- for the Community of Ten:ECU 84,33/100 kg;

(b) for growers whose average production is less than 500 kg of olive oil per marketing year:

- for Spain:ECU 61,89/100 kg,

- for Portugal:ECU 59,40/100 kg,

- for the Community of Ten:ECU 92,12/100 kg.

Article 4

1. For the 1992/93 marketing year, 1,6 % of the production aid earmarked for olive-oil producers shall be allocated to the financing of specific measures to improve the quality of olive oil in each producer Member State.

2. For the 1992/93 marketing year, the percentage of the production aid which may be withheld pursuant to Article 20d (1) of Regulation No 136/66/EEC for organizations of olive oil producers or associations thereof recognized under the said Regulation shall be 1,2 %.

Article 5

For the 1992/93 marketing year, the levels of consumption aid for olive oil in Spain and Portugal shall be as follows:

- for Spain:ECU 45,75/100 kg,

- for Portugal:ECU 48,25/100 kg.

Article 6

1. For the 1992/93 marketing year, the percentage of consumption aid referred to in Article 11 (5) of Regulation No 136/66/EEC shall be 2 %.

2. For the 1992/93 marketing year the percentage of consumption aid to be allocated to the measures referred to in Article 11 (6) of Regulation No 136/66/EEC shall be 0,7 %.

Article 7

The prices referred to in this Regulation relate to ordinary virgin olive oil, the free fatty acid level of which, expressed in oleic acid, is 3,3 grammes for 100 grammes.

Article 8

This Regulation shall enter into force on the day of its publication in the Official Journal of the European Communities.

It shall apply from 1 November 1992.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Luxembourg, 30 June 1992.

For the Council

The President

Arlindo MARQUES CUNHA

(1) OJ No 172, 30. 9. 1966, p. 3025/66. Regulation as last amended by Regulation (EEC) No 2046/92 (see page 1 of this Official Journal).(2) OJ No C 119, 11. 5. 1992, p. 22.(3) OJ No C 150, 15. 6. 1992.(4) OJ No C 169, 6. 7. 1992.(5) OJ No L 330, 29. 11. 1990, p. 6.