PROPOSAL FOR A COUNCIL REGULATION ( EEC ) AMENDING COUNCIL REGULATION ( EEC ) NO 2262/84 LAYING DOWN SPECIAL MEASURES IN RESPECT OF OLIVE OIL
Date: 1991-07-17
Institutions: European Commission
Subjects: EU aid, administrative check, olive oil, producer organisation, production aid

COMMISSION OF THE EUROPEAN  COMMUNITIES 

C0M(91) 269  final 

Brussels, 17  July  1991 

Proposal  for a 

COUNCIL  REGULATION  (EEC! 

Amending  Council  Regulation  (EEC) No 2262/84 
laying down special  measures  In respect  of olive oil 

(presented  by  the  Commission) 

t i l »! 

MR? 

EXPLANATORY  MEMORANDUM 

Article  1(1) of  Council  Regulation  (EEC) No  2262/84 of  17 July  1984 
laying  down  special  measures  in respect  of  olive oil  stipulates  that 
each  Member  State  producing  more  than  3000  tonnes of  olive oil  over  a 
reference  period  Is to set  up  an  agency  for  the  purpose  of  carrying  out 
certain  checks  and  duties  In connection  with  the olive oil  production 
aid  scheme.  Article  1(5) of  the  same  Regulation  stipulates  that  the 
Council,  acting  by  a qualified  majority  on  a proposal  from  the 
Commission,  Is to adopt  by  1 January  1992  the method  for  financing  the 
agency's  actual  expenditure  as  from  the  1992/93 marketing  year. 

It  is advisable  for  50% of  an  agency's  actual  expenditure  to be  made 
chargeable  to  the general  budget  of  the  European  Communities  in order  to 
ensure  the  regular  operation of  the  agency  under  the  conditions of 
administrative  autonomy  laid  down  by  the Community  rules. 

In addition,  provision  must  be made  for  the  possibility  of  extending  the 
duties of  the  agencies  to  include  checks on  Community  aids  to  the 
sector, with  the exception  of  export  refunds,  in order  to better  ensure 
the  correct  and  effective  application of  the  various  Community  rules  in 
respect  of  olive  oil. 

Lastly,  to  Improve  the monitoring  of  the  running  of  the  agencies  and 
reinforce  the overall  effectiveness of  the  control  mechanism,  it  is 
advisable  to provide  on  the one  hand  for  the possibility  of  Commission 
representation within  an  agency  and  on  the other  for  the obligation  on 
the Member  States  to act  on  the  findings of  the  agencies  and  inform  the 
Commission  of  the  results on  a  regular  basis. 

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Proposal  for a 

COUNCIL  REGULATION  (EEC) No 

/91 

Of  ...1991 

Amending  Council  Regulation  (EEC) No 2262/84 
laying down special  measures  in respect  of olive oil 

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  Commission1, 

Having  regard  to the opinion of  the European  Parliament2, 

Whereas,  In order  to better  ensure  the correct  and effective  application 
of Community  rules  In the olive oil  sector,  it  is advisable  to entrust 
the agencies with  the  task of carrying out  the checks  for  all  the 
Community  aids paid  in this sector, with  the exception of  refunds; 

Whereas,  in order  to  Improve  the monitoring  by  the Commission  of  the 
agency's operation  and activities, provision  should  be made  for  the 
Commission  to be represented within  an agency; 

Whereas,  in order  to  improve  the follow-up given  to the  findings of  the 
checks conducted  by an agency, communication  needs  to be established 
between  the Member  State and  the  Commission; 

Whereas under  Article  1(5) of Council  Regulation  (EEC) No 2262/84 of 
17 July  1984  laying down special  measures  in respect  of olive oil3, as 
last  amended  by Regulation  (EEC) No 200/90 of  22 January  19904,  the 
Council  acting by a qualified majority on a proposal  from  the  Commission 
Is to adopt  by  1 January  1992 the method  for  financing  the agencies' 
actual  expenditure  as from  the  1992/3 marketing year;  whereas  in view 
of  the extent  of  the tasks entrusted  to the agencies and of  their 
importance  for  the correct  and uniform  application of Community  rules in 
the sector, provision  should  be made  for a Community  contribution  to the 
agencies' expenditure enabling  them  to function effectively  and 
regularly  while maintaining  the administrative autonomy  envisaged  by the 
rules; 

, p. 

1 0J  No C, 
2 0J  No 
3 0J  No L 208, 3.8.1984, p. 11. 
4 0J  No L 22, 27.1.1990, p. 6. 

, p. 

, 

HAS ADOPTED THIS REGULATION: 

-  2 -

Article 1 

Council  Regulation  (EEC) No 2262/84  Is amended  as follows: 

1) Article  1(1), first  subparagraph,  is replaced  by  the  following: 

" Each producer  Member  state shall,  in accordance with  Its legal 

structure, set up an agency  for  the purpose of carrying out  certain 
checks and duties  In connection with Community  aids for olive oil, 
except  for export  refunds." 

2) Article  1(2)  is replaced  by  the  following: 

"  in order  to ensure  that Community  rules  In respect  of olive oil  are 
correctly  applied, an agency  as referred  to  In paragraph  1 shall, 
inter alia,  In accordance with  the work schedule  referred  to In 
paragraph  4: 

-  check  that  the work of  the producer  organizations and associations 
complies with 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  organizations; 

-  conduct  checks of approved  mills; ' 

-  verify  the accuracy  of  the data  set out  In the crop declarations and 
aid applications without  prejudice  to the responsibilities of  the 
Member  State; 

-  carry out  checks on  the end-use of olive oil  and olIve-resldue oil  and 

on  the end-use of  their  by-products; 

-  collect, verify  and process, at national  level, the data  required  for 
ascertaining  the yields mentioned  in Article  18 of Regulation  (EEC) 
No 2261/84; 

-  conduct  statistical  surveys  Into production, processing  and 

consumption of olive oil  and olive-residue oil; 

- monitor  the approved  packaging  plants,  in accordance with Article 7 of 
Council  Regulation  (EEC) No 3089/78 of  19 December  1978  laying down 
general  rules  in respect  of aid  for  the consumption  of olive oil  and, 
where necessary,  the professional  bodies recognized  under  Article 
11(3) of Council  Regulation No 136/66/EEC; 

-  carry out  checks on  the origin of  Imported  olive oil  and olIve-resldue 

oi I ; 

-  3 -

- monitor  the buylng-in, storage  and sale of olive oil  by  the 

intervention  agencies  referred  to  in Articles  12 and  13 of Council 
Regulation  No  136/66/EEC; 

- monitor  the  firms manufacturIng .preserved products  In accordance with 
Article 8 of Council  Regulation No 591/79 of  26 March  1979  laying down 
general  rules concerning  the production  refund  for olive oils used  in 
the manufacture of certain  preserved  foods; 

- monitor  the storage operations carried out  under  Council  Regulation No 

136/66/EEC, Article 20d (3); 

-  conduct  specific surveys  requested  either  by  the Member  State, on  Its 

own  initiative and with  the Commission's  agreement  or  by the 
Commission  itself;" 

3) The  following subparagraph  is added  to Article 1(3): 

" The Commission  may  take part  In the discussions  held  by  the agency's 

management.  Its representative does not  vote." 

4)  In Article  1(4), first  subparagraph,  the words  "the production  aid 

scheme" are  replaced  by  "the Community  rules". 

5) The  following subparagraphs  are added  to Article 1(4): 

" The Member  States shall  act  upon  the agency's  findings as promptly  as 

possible. 

They  shall  regularly  communicate  to the Commission  a  list of  the 
actions  taken and  the sanctions applied  as a result  of  the agency's 
findings on  the basis of  Its checks. 

The communication  shall  not  affect  the application of Article  3 of 
Council  Regulation  (EEC) No 595/91  of 4 March  19911." 

6) Article  1(5)  is replaced  by  the following  wording: 

" As from  the  1992/93 marketing year, 50% of  the agency's actual 

expenditure  shall  be chargeable  to the general  budget  of  the European 
Commun!tles." 

The Member  States shall  be entitled, under  conditions  to be determined 
according  to the procedure  laid down  In Article  38 of Council 
Regulation  No 136/66/EEC, to meet  part of  their  financial  burden by 
making  deductions  from  the Community  aids granted  In respect  of olive 
oil." 

7)  In Article  1(6), first  subparagraph,  the words  "has been set  up and" 
are deleted.  In the second  subparagraph  the words  "the setting up 
and" are  deleted. 

1 0J  No L 67, 14.3.1991, p. 11. 

- 4 -

8) The words  "belonging  to a producer  organization" are deleted  from 

Article 2(b). 

9)  In Article  2(d), the words  "this Regulation" are replaced  by "Council 

Regulation  (EEC) No 2261/84" 

10) The  following subparagraphs  are added  to Article 2: 

" Under  the same article, the Member  States shall  take specific and 

appropriate measures  to apply  sanctions  In the event  of  any  breaches 
of  the consumption  aid arrangements, particularly  where  It has been 
noted  that: 

-  an approved  packaging  plant  has not  fulfilled  the obligations arising 
under  Council  Regulation  (EEC) No 3089/78,  In particular  In the cases 
provided  for  in Article 3; 

-  a recognized  professional  organization  has not  fulfilled  the 

obligations arising under  the said  Regulation. 

The Member  States shall  take specific and appropriate measures to 
apply  sanctions  in the event  of any breaches of  the arrangements set 
out  in Articles 12, 13, 20a and  20d of Council  Regulation No 
136/66/EEC." 

Article 2 

This Regulation  shall  enter  into force on  the day of  Its publication  In 
the Official  Journal  of  the European  Communities. 

It shall  apply  from  1 January  1992. 

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

Done at Brussels, 

For  the Council 

-51 

concernant  : 
Proposition de règlement  du Conseil modifiant  le règlement  (CEE) n' 2262/84 prévoyant 
des mesures spéciales dans  le secteur  de  l'huile d'olive. 

F I C HE 

F I N A N C I E RE 

1.  Ligne budgétaire  : B2-5110 

Actions de contrôle et  de  lutte contre  la fraude 

B8-2510 

Dépenses d'appui  et de soutien 

2.  Base  Juridique  : Article 43 

3.  Classification  : 

Dépense  obligatoire 

4.  Objectifs de  la mesure et description de  l'action  : La proposition  établit, à 
partir  de  la campagne  1992/93 et pour  les campagnes  suivantes,  la méthode de 
financement  des agences de contrôle dans  le secteur  de  l'nui le d'olive dans 
l'objectif  de garantir  pour  l'avenir  leur  fonctionnement  régulier. 

5.  Méthode de calcul : 

5.1  Nature de  la dépense  : Cofinancement  des dépenses nationales effectives. 

5.2 Part  du financement  communautaire  : 50 %. 

5.3 Calcul  : Sur  base de  l'expérience acquise dans  le cadre du fonctionnement  des 

agences et des dépenses en résultant, et en prenant  en considération 
l'élargissement  de  leur compétence  à  l'ensemble  du secteur  de  l'huile d'olive -
élargissement  qui  entraînerait  des dépenses supplémentaires à partir  de 1993 - le 
coût  à rythme de croisière, à charge du budget  communautaire est estimé à 
13,5 mécu/an  (prix '91). 

6.  Incidence financière sur  les crédits opérationnels  : (ligne B2-5110) (2) 

6.1  Echéancier  des crédits d'engagement  et  de paiement  (mio ECU) 

Exercice 
1992 
1993 
1994 
1995 
1996 
TOTAL 92-96 

ÇE/çp 
12,5  (1) 
13,5 
13,5 
13,5 
13.5 
66,5 

6.2  Financement  pendant  l'exercice  en cours  : Assuré par  le régime en cours. 

7.  Observations : 

(1) Prévu dans  I'APB 1992. 
(2\  A ces dépenses opérationnelles  il faudrait  ajouter  des dépenses d'appui  et de 
soutien s'élevant  à partir  de 1993 à environ  150.000 ECU/an et visant  à couvrir  les 
frais d'audit  et  des missions.  Pour  1992 un montant  de  100.000 écus est  prévu dans 
I'APB 1992. 

ISSN 0254-1475 

COM(91) 269 final 

DOCUMENTS 

EN 

03 

Catalogue number : CB-CO-91-310-EN-C 

ISBN 92-77-74234-8 

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