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( 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 . 8 .

( 4 ) OJ NO L 274 , 31 . 10 . 1979 , P . 3 .

( 5 ) OJ NO L 370 , 30 . 12 . 1978 , P . 66 .

( 6 ) OJ NO L 284 , 13 . 11 . 1979 , P . 13 .

COMMISSION REGULATION ( EEC ) NO 1858/80

OF 15 JULY 1980

AMENDING FOR THE SECOND TIME REGULATION ( EEC ) NO 3134/78 LAYING DOWN DETAILED RULES FOR THE APPLICATION OF THE SYSTEM OF PRODUCTION AID FOR OLIVE OIL

THE COMMISSION 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 ESTABLISHMENT OF A COMMON ORGANIZATION OF THE MARKET IN OILS AND FATS ( 1 ), AS LAST AMENDED BY REGULATION ( EEC ) NO 590/79 ( 2 ), AND IN PARTICULAR ARTICLE 5 ( 5 ) THEREOF ,

WHEREAS , UNDER ARTICLE 12 OF COUNCIL REGULATION ( EEC ) NO 2753/78 ( 3 ), AS AMENDED BY REGULATION ( EEC ) NO 2378/79 ( 4 ), THE PRODUCER MEMBER STATES ARE AUTHORIZED TO PAY TO PRODUCER ORGANIZATIONS AN ADVANCE PAYMENT NOT EXCEEDING 70 % OF THE AID APPLIED FOR ; WHEREAS THE GRANTING OF THE MAXIMUM ADVANCE PAYMENT SHOULD BE RESTRICTED TO APPLICATIONS SUBMITTED BY PRODUCER ORGANIZATIONS WHO HAVE CARRIED OUT ALL THE REQUIRED CHECKS ; WHEREAS , ACCORDING TO THE RULES IN FORCE , SUCH CHECKS MUST COVER AT LEAST 15 % OF THE MEMBERS OF PRODUCER ORGANIZATIONS WHO HAVE HAD THEIR PRODUCTION PRESSED IN A MILL WHICH DOES NOT BELONG TO THE ORGANIZATION ;

WHEREAS , FOR THE 1979/80 MARKETING YEAR , THE VOLUME OF OIL PRODUCTION IN RESPECT OF WHICH AID IS APPLIED FOR APPEARS TO EXCEED , IN CERTAIN CASES MARKEDLY SO , THE VOLUME OF OIL TO BE EXPECTED HAVING REGARD TO THE OIL YIELDS NORMALLY RECORDED ; WHEREAS IN SUCH CASES ADDITIONAL CHECKS ARE NECESSARY ;

WHEREAS , IN ORDER TO ENSURE THAT THE AID WILL BE ADVANCED ONLY IN RESPECT OF QUANTITIES CORRESPONDING TO THE OIL YIELDS NORMALLY RECORDED , IT SHOULD BE PROVIDED , PENDING CHECKS REFERRED TO IN ARTICLE 6 OF REGULATION ( EEC ) NO 2753/78 , THAT THE MEMBER STATE CONCERNED MAY REDUCE THE PERCENTAGE OF THE AID WHICH IT IS AUTHORIZED TO ADVANCE WHERE THE SITUATION REFERRED TO ABOVE ARISES ; WHEREAS COMMISSION REGULATION ( EEC ) NO 3134/78 ( 5 ), AS AMENDED BY REGULATION ( EEC ) NO 2493/79 ( 6 ), SHOULD THEREFORE BE AMENDED ;

WHEREAS THIS REGULATION IN NO WAY PREJUDICES A MEMBER STATE ' S POWER OF DISCRETION AS TO THE PERCENTAGE OF AID TO BE ADVANCED IN OTHER CASES ;

WHEREAS 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

THE FOLLOWING PARAGRAPH IS ADDED TO ARTICLE 11 OF REGULATION ( EEC ) NO 3134/78 :

' THE MEMBER STATE CONCERNED MAY REDUCE THE MAXIMUM PERCENTAGE OF THE AID WHICH MAY BE ADVANCED , IN PARTICULAR WHERE THE QUANTITIES OF OIL IN RESPECT OF ONE OR MORE PRODUCERS ARE GREATER THAN THOSE WHICH WOULD RESULT FROM THE APPLICATION OF AN OIL YIELD OF 24 % TO THE QUANTITIES OF OLIVES DECLARED AS HAVING BEEN PRESSED . IN SUCH CASES , SUBJECT TO VERIFICATION OF THE DECLARED YIELD , THE PRODUCER ORGANIZATION INVOLVED SHALL ENSURE THAT THE ADVANCE PAYMENT MADE TO THE PRODUCER DOES NOT EXCEED THAT APPLICABLE IN THE CASE OF A YIELD OF 24 % . '

ARTICLE 2

THIS REGULATION SHALL ENTER INTO FORCE ON THE THIRD DAY FOLLOWING 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 , 15 JULY 1980 .

FOR THE COMMISSION

FINN GUNDELACH

VICE-PRESIDENT