Keywords

Summary



Keywords

1. Agriculture – Common organisation of the markets – Oils and fats – Olive oil

(Council Regulation No 136/66, Art. 12a)

2. Agriculture – Common organisation of the markets – Oils and fats – Olive oil

(Council Regulation No 136/66, Art. 12a)

3. Agriculture – Common organisation of the markets – Oils and fats – Olive oil

(Council Regulation No 136/66, Art. 12a)

4. Agriculture – Common organisation of the markets – Oils and fats – Olive oil

(Council Regulations No 26, Art. 2(1), and No 136/66, Art. 12a)

Summary

1. A public limited company, the capital of which is held predominantly by olive oil producers, oil pressers and olive growers’ cooperatives, and the remainder of the capital of which is held by financial entities, is capable of coming within the concept of a body, within the meaning of Article 12a of Regulation No 136/66 on the establishment of a common organisation of the market in oils and fats, as amended by Regulation No 1638/98, which may be authorised to conclude a contract for the private storage of olive oil under that provision, subject to it meeting the conditions laid down therein.

(see para. 35, operative part 1)

2. The ‘approval by the Member State’, which bodies within the meaning of Article 12a of Regulation No 136/66 on the establishment of a common organisation of the market in oils and fats, as amended by Regulation No 1638/98 must have, can be obtained in the context of application for an individual exemption (‘authorisation’) submitted to the national competition authorities, provided that those authorities have the means necessary to verify the suitability of the body which has submitted the application to carry out the private storage of olive oil in compliance with the legal requirements. If Article 12a of Regulation No 136/66 is to retain its effectiveness, the national authority empowered to approve bodies to conclude contracts under that provision must be clearly identifiable. That national authority must be able to carry out all the appropriate verifications in order to satisfy itself that the body which has submitted an application for authorisation is capable of privately storing oil in compliance with the provisions of agricultural law, and offers, in that regard, sufficient guarantees.

(see paras 39-41, operative part 2)

3. Article 12a of Regulation No 136/66 on the establishment of a common organisation of the market in oils and fats, as amended by Regulation No 1638/98 does not preclude a mechanism for the purchase and storage of olive oil which is agreed and financed privately and which has not undergone the authorisation procedure to which that provision refers. The establishment of such a mechanism which is independent of Community aid must not, however, lead to a situation where the storage of olive oil is independent of the provisions of Community law and the national law governing the market in olive oil, or the competition rules.

(see paras 47-48, operative part 3)

4. To the extent that the national competition authorities refrain from taking any measure which might undermine or create exceptions to the common organisation of the market in olive oil and from taking decisions which conflict with those of the Commission of the European Communities or create the risk of such conflict, they can apply national competition law to an agreement which is likely to affect the market in olive oil at Community level. National competition authorities are therefore empowered to control – and, therefore, to prohibit – a mechanism for the storage of olive oil which is agreed and financed outside the scope of Article 12a of Regulation No 136/66 on the establishment of a common organisation of the market in oils and fats, as amended by Regulation No 1638/98, and which is likely to affect the Community market.

(see paras 57-58, operative part 4)