EN XM Official Journal of the European Union L 321/4

COMMISSION REGULATION (EC) No 1827/2004

of 19 October 2004

fixing the olive yields and oil yields for the 2003/2004 marketing year

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation No 136/66/EEC of 22 September 1966 on the establishment of a common organisation of the market in oils and fats (1), and in particular Article 5(11) thereof,

Having regard to Council Regulation (EEC) No 2261/84 of 17 July 1984 laying down general rules on the granting of aid for the production of olive oil and of aid to olive oil producer organisations (2), and in particular the first indent of the second paragraph of Article 19 thereof,

Whereas:

(1) Article 18 of Regulation (EEC) No 2261/84 provides that the olive yields and oil yields referred to in Article 5(7) of Regulation No 136/66/EEC are to be fixed by homogeneous production zone on the basis of the figures supplied by producer Member States. These production zones were designated in Commission Regulation (EC) No 2138/97 (3). These yields should now be laid down taking into account the figures received.

(2) Article 6 of Commission Regulation (EC) No 2366/98 of 30 October 1998 laying down detailed rules for the application of the system of production aid for olive oil for the 1998/99 to 2004/2005 marketing years (4) lays down a method for estimating yields in homogenous zones that takes account of the overall statistical results obtained on the basis of samples at the level of larger regional areas.

(3) The statistical results for France, in view of its modest production levels, are obtained on the basis of a single regional area and a small sample that does not permit an accurate national figure to be obtained. Adjustment of the yields of the homogenous zones on the basis of the statistical results as provided for in Article 6 of Regulation (EC) No 2366/98 produced clearly inconsistent values for the 2003/2004 marketing year. The yields of the homogenous zones in France should therefore be fixed without making the adjustment concerned.

(4) The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Oils and Fats,

HAS ADOPTED THIS REGULATION:

Article 1

For the 2003/2004 marketing year, the olive yields and oil yields shall be as set out in the Annex hereto.

Article 2

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

It shall apply from 1 November 2003.

This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 19 October 2004. For the Commission Franz FISCHLER Member of the Commission

(1) OJ 172, 30.9.1966, p. 3025/66. Regulation as last amended by Regulation (EC) No 1513/2001 (OJ L 201, 26.7.2001, p. 4).

(2) OJ L 208, 3.8.1984, p. 3. Regulation as last amended by Regulation (EC) No 1639/98 (OJ L 210, 28.7.1998, p. 38).

(3) OJ L 297, 31.10.1997, p. 3. Regulation as last amended by Regulation (EC) No 1808/2004 (OJ L 318, 19.10.2004, p. 15).

(4) OJ L 293, 31.10.1998, p. 50. Regulation as last amended by Regulation (EC) No 1432/2004 (OJ L 264, 11.8.2004, p. 6).