25.3.86 Official Journal of the European Communities No C 70/3 
II 
(Preparatory Acts) 
COMMISSION 
Proposal for a Council Regulation (EEC) introducing a common measure for replanting and 
converting olive groves in certain regions of the Community which were damaged by frost in 
1985 
COM(86) 88 final 
(Submitted by the Commission to the Council on 24 February 1986) 
(86/C 70/03) 
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, 
Having regard to the opinion of the European Par­
liament, 
Whereas in order to attain the objectives of the common 
agricultural policy which are set out in Article 39 (1) (a) 
and (b) of the Treaty, assistance should be provided for 
the structural improvement of agriculture in regions 
which are facing major problems; 
Whereas particularly severe and protracted frosts have 
destroyed or caused considerable damage to olive groves 
in certain regions of the Community, especially in hill 
and mountain areas; 
Whereas in those hill and mountain areas in particular, 
olive growing is unlikely to be replaced by other crops 
and whereas, accordingly, the replanting of olive groves 
should, subject to certain conditions, be encouraged in 
order to ensure the survival of farming, prevent soil 
erosion and disruption of the hydrological cycle, protect 
the environment and preserve the countryside; 
Whereas the replanting should be encouraged by means 
of investment aid, accompanied by a supplementary-aid 
scheme which takes account of the specific objectives 
and conditions pertaining to the type of conversion 
required; 
Whereas olive growing should be restored in such a way 
as to encourage mechanization and lower production 
costs and whereas this can best to be achieved under 
collective schemes involving several holdings; Whereas the olive groves should be restored in such a 
way as to maintain the quality of production at a high 
level or, where required, to raise it to such a level by 
opting for the best varieties available; 
Whereas in other areas which have been adversely 
affected by frost and which are suitable for other crops, 
producers should be encouraged to convert from olive 
growing to other forms of production which are more in 
keeping with market requirements and which can readily 
be disposed of, by introducing a scheme similar to that 
for restoring olive groves; 
Whereas the measures in question should, in order to 
achieve maximum effectiveness, form part of olive-tree 
replanting and conversion schemes introduced by the 
Member States concerned, at the most suitable regional 
level; 
Whereas it should be provided that these schemes 
constitute a common measure within the meaning of 
Article 6 of Council Regulation (EEC) No 729/70 ('), as 
last amended by Regulation (EEC) No 3769/85 (2); 
whereas the costs incurred by Member States should be 
financed by the Community, subject to a limit of 30 % 
in the case of the replanting of olive groves and 60 % in 
the case of schemes to convert from olive-growing to 
products which can readily be disposed of on the 
market; 
HAS ADOPTED THIS REGULATION: 
Article 1 
1. A common measure within the meaning of Article 6 
of Regulation (EEC) No 729/70 is hereby introduced in 
order to make good the damage to olive growing caused 
by frosts in 1985. 
(') OJ No L 94, 28. 4. 1970, p. 13. 
(2) OJ No L 362, 31. 12. 1985, p. 17. 
No C 70/4 Official Journal of the European Communities 25. 3. 86 
2. The common measure shall be implemented in 
areas where: 
— olive growing accounts for a major share of agri­
cultural production, 
— at least 50 % of the olive trees suffered severe 
damage as a result of frost in 1985. 
3. The Community may, in accordance with Article 5, 
make a contribution towards the common measure by 
financing, via the Guidance Section of the European 
Agricultural Guidance and Guarantee Fund, hereinafter 
referred to as 'the Fund', measures involving: 
(a) collective schemes for replanting olive groves 
damaged by frost; 
(b) schemes to convert olive groves to other crops which 
are more in keeping with market requirements; 
(c) aid granted to farmers in the light of the specific 
objectives of the work referred to in (a) and (b), 
provided the said work is carried out in respect of an 
area of not less than 0,5 hectares and meets the 
requirements laid down in the fourth indent of 
Article 5 (1) in the case of replanting schemes, and 
Article 5 (2) in the case of schemes to convert olive 
groves to other crops which are more in keeping 
with market requirements. 
Article 2 
1. Member States or the regions concerned which 
meet the requirements laid down in Article 1 (2) shall, 
before 1 July 1986, draw up one or more programmes, 
to be forwarded to the Commission by the Government 
of the Member State concerned, setting out the measures 
which they regard as the most suitable for achieving the 
objectives described in Article 1. 
Programmes shall include the following information: 
— a description of the existing situation, the importance 
of olive growing in terms of the region's gross agri­
cultural product, and the damage caused by the frost, 
giving a breakdown by region, 
— the total area covered by the collective replanting 
schemes, and the olive-tree varieties recommended 
for each region, 
— in the case of farmers taking part in collective 
replanting schemes, a binding outline plan which 
meets the requirements laid down in this Regulation, 
— the amount of aid payable to farmers in respect of 
each type of replanting, 
— a description of the ancillary measures which will be 
introduced, in particular those concerned with soil 
improvement and drainage in connection with 
collective replanting schemes, — the area covered by conversion schemes and the 
measures to be implemented in order to ensure that 
production more closely matches market 
requirements, 
— the conversion premiums payable in respect of each 
of the replacement crops concerned, 
— the ancillary measures required in order to implement 
the conversion schemes, in particular those concerned 
with the preparation of the soil, levelling, irrigation, 
the drainage of individual plots and reparcelling 
aimed at ensuring that the plots are better suited to 
the new type of farming, 
— the estimated cost for each type of measure, the 
economic factors which justify implementing the 
schemes in question, and the financial resources 
required, specifying the proposed schedule of 
payments, 
— the measures adopted for the purpose of financing 
the programme and the aid to olive growers within a 
suitable period. 
2. All programmes and any updating amendments 
thereto shall be forwarded to the Commission by the 
Government of the Member State concerned. 
3. Member States shall, at the Commission's request, 
provide additional information concerning the items 
specified in paragraph 1. 
4. The duration of the programmes shall be the same 
as that of the common measure. 
5. The Commission shall, in accordance with the 
procedure laid down in Article 25 of Council Regulation 
(EEC) No 797/85 of 13 March 1985 on improving the 
efficiency of agricultural structures (*), deliver an opinion 
in respect of each programme or updated version thereof 
after consulting the EAGGF Committee on the financial 
aspects. 
Article 3 
1. For the purposes of this Regulation, 'collective 
schemes for the replanting of olive groves' shall be taken 
to mean any replanting operation carried out by a group 
of farmers in accordance with a binding agreement 
between the members of that group and the region 
concerned or, where applicable, an agency designated by 
the latter. 
Collective replanting schemes must concern not less than 
5 000 olive trees and 25 farmers who are members of an 
(') OJNoL93, 30. 3. 1985, p. 1. 
25. 3. 86 Official Journal of the European Communities No C 70/5 
olive-growers' cooperative or group or who belong to a 
recognized association with a similar purpose which shall 
specify the measures required in connection with the 
replanting. The said groups and associations shall be 
authorized to lay down additional rules with a view to 
achieving more readily the aims set out in paragraph 2. 
2. Collective schemes for the replanting of olive 
groves shall be eligible only if: 
(a) they help improve the countryside in typical olive-
growing areas, protect the environment, consolidate 
the soil and regulate the hydrological cycle; 
(b) they contribute to a lasting improvement of working 
conditions on the agricultural holdings concerned, 
thus allowing labour incomes to increase; 
(c) there is proper evidence that they will be effective 
from an economic point of view; 
(d) it is clear that the olive oil produced will continue to 
be of high quality or, where it has not yet reached a 
satisfactory level, that it will improve. 
Article 4 
1. For the purposes of this Regulation 'olive-grove 
conversion scheme' shall be taken to mean any 
conversion scheme implemented on an individual or 
group-operated agricultural holding which provides for 
the grubbing-up of olive trees on an area of not less than 
0,2 hectares. 
When conversion begins there must be at least 50 trees, 
healthy or otherwise, per hectare on the area concerned. 
2. In order to be eligible, conversion schemes must: 
(a) result in products which can be readily disposed of 
on the market; 
(b) make suitable provision for avoiding an increase in 
soil erosion. 
3. Operators who receive conversion aid must 
undertake not to replant olive trees on olive-growing 
areas which do not qualify for aid under Council Regu­
lation (EEC) No 1590/83 of 14 June 1983 on the 
determination of areas planted with olive trees qualifying 
for aid for the production of olive oil (1). 
(') OJ No L 163, 22. 6. 1983, p. 39. Article 5 
1. Expenditure incurred in connection with replanting 
schemes under Article 1 (3) (a) and (c) shall be eligible 
for aid from the Fund up to: 
— 4 300 ECU per hectare where all the trees are 
replanted, or 13 ECU per tree where replanting 
covers a major part of the area concerned, and 
— 11 ECU per tree where the replanting scheme 
involves sawing the tree off at the base of the trunk, 
or 
— 6 ECU per tree where the replanting scheme involves 
the sawing off of the main and secondary branches in 
the case of the schemes referred to in Article 1 (3) 
(a); 
However, the aids for replanting which are referred 
to in the first three indents shall not exceed the actual 
expenditure incurred. 
— 2 ECU on average per tree per year in the case of the 
aid referred to in Article 1 (3) (c), which may be 
granted in respect of not more than 10 hectares or 
3 000 trees per individual holding, for up to: 
— five years in the case of replanting or where the 
trees are sawn off at the base of the trunk, 
— three years where the main and secondary 
branches are sawn off. 
The amounts of aid may be paid in decreasing 
instalments. 
The Fund shall reimburse the Member State or region 
concerned 30 °/o of the eligible expenditure referred to in 
this paragraph. 
2. Expenditure incurred in connection with the 
conversion schemes referred to in Article 1 (3) (b) shall 
be eligible for aid from the Fund up to an amount not 
exceeding the actual expenditure incurred. 
The supplementary aid referred to in Article 1 (3) (c) 
shall be differentiated on the basis of the loss of income 
and shall provide a substantial incentive to participate in 
a conversion scheme. The expenditure concerned shall be 
eligible for aid from the Fund up to: 
— 2 000 ECU per hectare in the case of annual crops; 
— 4 000 ECU in the case of multiannual crops, 
including afforestation schemes. 
Where the average number of olive trees grubbed-up per 
holding is less than 50 per hectare, the supplementary aid 
shall be reduced accordingly. 
The Fund shall reimburse 60 % of the eligible 
expenditure referred to in this paragraph. 
3. In the case of afforestation schemes, the 
compensatory allowance referred to in Article 15 (3) of 
Regulation (EEC) No 797/85 may be granted in 
addition to aid referred to in paragraph 2. 
No C 70/6 Official Journal of the European Communities 25.3.86 
4. The estimated total cost to the Fund of the 
common measure is 60 million ECU. 
5. The period allowed for the implementation of the 
common measure shall be two years, beginning on the 
day on which the first scheme is approved, and shall 
expire on 1 July 1988 at the latest. 
6. On the basis of a progress report by the 
Commission on the implementation of the common 
measure, and following a proposal from the 
Commission, the Council shall, before 1 April 1988, take 
a decision on whether the duration of the common 
measure, as referred to in paragraph 5, should be 
extended. 
Article 6 
When approving a programme pursuant to Article 2 the 
Commission shall, jointly with the Member State or 
region concerned, lay down detailed rules regarding the 
information which must be provided at regular intervals 
concerning the implementation of the programme. The 
Government of the Member State or the region 
concerned shall at the same time designate the agency or 
body responsible for the actual implementation of the 
programme. 
THE COUNCIL OF THE EUROPEAN COMMUNITIES, 
Having regard to the Treaty establishing the European 
Economic Community, and in particular Article 235 
thereof, 
Having regard to the proposal from the Commission, 
Having regard to the opinion of the European Par­
liament, 
Whereas the Council, in rules which it establishes, 
confers powers of implementation on the Commission; 
Whereas it may be advisable in certain cases to make 
exercise of these powers subject to certain procedures 
providing for collaboration between the Commission and 
experts from the Member States; 
Whereas, in order to facilitate Council decision-making 
in this area, the types of procedure to which it may have Article 7 
1. Applications for reimbursement in respect of 
expenditure incurred by the Member State or region 
concerned during a given calendar year shall be 
submitted to the Commission before 1 May the 
following year. 
2. Decisions on the granting of aid by the Fund shall 
be taken in accordance with Article 7 (1) of Regulation 
(EEC) No 729/70. 
3. Payments on account of up to 50 % in respect of 
actual work may be made by the Fund in accordance 
with the financial arrangements adopted by the Member 
State or region concerned and the amount of work, as 
referred to in Article 1 (3) (a) and (b), actually done. 
4. Detailed rules for the application of this Article 
shall be adopted in accordance with the procedure laid 
down in Article 13 of Regulation (EEC) No 729/70. 
Article 8 
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. 
recourse should be limited; whereas certain rules should 
therefore be established to govern all provisions involving 
procedures for the exercise of implementing powers 
conferred by the Council on the Commission; 
Whereas these procedures should be such as to ensure 
the efficiency of the decision-making process; 
Whereas certain procedures providing for committees of 
national experts set up by the Commission to be 
consulted or asked for an opinion on proposed 
implementing measures have proved appropriate in the 
past; whereas these should therefore continue to 
constitute the only procedures; 
Whereas the Treaty has not provided the necessary 
powers, Proposal for a Council Regulation (EEC) laying down the procedures for the exercise of 
implementing powers conferred on the Commission 
COM(86) 35 final 
(Submitted by the Commission to the Council on 3 March 1986) 
(86/C 70/04)