Proposal for Council Regulation (EC) amending Regulation (EEC) No 2261/84 laying down general rules on the granting of aid for the production of olive oil and of aid to olive oil producer organisations (98/C 136/09) COM(1998) 171 final - 98/0098(CNS)

(Submitted by the Commission on 19 March 1998)

THE COUNCIL OF THE EUROPEAN UNION,

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), as last amended by Regulation (EC) No . . ./98, and in particular Article 5(8),

Having regard to the proposal from the Commission,

Whereas Regulation (EC) No . . ./98 deletes in Article 5 of Regulation No 136/66/EEC the special production aid provisions for producers of less than 500 kg of olive oil; whereas it is therefore necessary to amend Regulation (EEC) No 2261/84 (2), as last amended by Regulation (EC) No 636/95 (3);

Whereas Regulation (EC) No . . ./98 introduces in Article 5 of Regulation No 136/66/EEC an allocation of the maximum guaranteed quantity between Member States and specifies the implications of an overrun of any of these national quantities for production aid in that Member State; whereas it is necessary to specify, on the basis of experience, what data must be determined or notified for the operation of these provisions,

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EEC) No 2261/84 is amended as follows:

1. Article 2(4) and (5) is replaced by the following:

'4. The aid shall be granted, in accordance with Article 5(1) of Regulation No 136/66/EEC, on the quantity of oil actually produced at an approved mill.`

2. The second indent of Article 8(1) is replaced by the following:

'- that the figures supplied by each grower for quantities of olives pressed and of oil obtained correspond to the quantities of olives and oil stated in the evidence of pressing.`

3. Article 12(1) is replaced by the following:

'1. Each olive oil grower may receive an advance on the amount of the aid applied for.`

4. The following is added to Article 13(1):

'(e) submit to the competent authority before dates to be determined, monthly stock record summaries.`

5. In Article 14:

- in paragraph 3a the words preceding the first indent are replaced by 'For the purposes of paying aid to olive growers Member States shall check`;

- paragraph 4 is deleted;

- the second subparagraph of paragraph 5 is replaced by the following:

'These files shall be used to guide the checking required under paragraphs 1 to 3.`

6. In Article 15(3) the words 'whose average production is at least 500 kg of oil per marketing year and` are deleted.

7. Article 17a is replaced by the following:

'Article 17a

1. In accordance with the procedure laid down in Article 38 of Regulation No 136/66/EEC the Commission shall determine before 1 October, for each Member State for the current marketing year:

- estimated production qualifying for the aid;

- a single rate for advances on the production aid; this must be such that given the production forecast any risk of undue payment to growers is avoided.

2. No later than eight months after the end of the marketing year the Commission shall, in accordance with the procedure referred to in paragraph 1, determine for each Member State for that marketing year:

- actual production for which entitlement to aid is recognised;

- a single production aid rate, possibly weighted by a coefficient as provided for in Article 5(4) of Regulation No 136/66/EEC.

3. Member States shall notify to the Commission, by 5 September of the marketing year, their production estimates for that marketing year. The Commission may make use of other sources of information and if appropriate have studies or surveys of olive oil production carried out.`

Article 2

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

It shall apply from 1 November 1998.

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

(1) OJ 172, 30.9.1966, p. 3025/66.

(2) OJ L 208, 3.8.1984, p. 3.

(3) OJ L 67, 25.3.1995, p. 1.