Proposal for a COUNCIL REGULATION ( EEC ) laying down derogating provisions as regards storage contracts for olive oil in Greece, Spain and Portugal
Date: 1992-01-09
Institutions: European Commission
Subjects: Portugal, Spain, olive oil, producer organisation, storage

COMMISSION OF THE EUROPEAN  COMMUNITIES 

C0M(91) 558 Tina I 

Brussels, 9 January  1992 

Proposal  for a 

COUNCIL REGULATION  (EEC) 

laying down derogating provisions as regards storage contracts  for olive oil 
in Greece, Spain and Portugal 

(presented by the Commission) 

<J 

EXPLANATORY  MEMORANDUM 

Article  20d of Regulation  No 136/66/EEC provides  that where prices on the 
Community  market  for olive oil  are close  to the  intervention price during a 
period  to be determined,  it be decided  to permit  the conclusion of  storage 
contracts. Such contracts may only be concluded with  recognized  producer 
groups or  recognized  associations within  the meaning of Regulation  (EEC) No 
1360/78. 

In view of  the special  structural  situation  in Spain, Portugal  and Greece, 
where such groups and associations were not  set up, derogating measures have 
been adopted  to permit other organizations to conclude storage contracts. 

Since then the situation has not changed substantially.  In fact, owing  to the 
special  features of production  and marketing  structures, a  limited number of 
groups have been set up and recognized within  the meaning of Regulation  (EEC) 
No 1360/78. Consequently, a very small  number  of producers are able to have 
access  to storage contracts  in those countries. 

Under  these conditions, until  such  time as the application of  the 
abovementioned Regulation  produces  its full  effects and  in order  not  to 
damage  the producers, a derogation should  be provided,  for  two additional 
production  years, from Article 20d of Regulation  No 136/66/EEC by making 
provision  in addition  for bodies other  than those provided  for  in Regulation 
(EEC) No 1360/78 to be able to conclude storage contracts. 

3 

COUNCIL REGULATION  (EEC) No 

/91 

Of 

laying down derogating  provisions as regards storage contracts for olive oil 
in Greece, Spain and Portugal 

THE COUNCIL 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  1720/91<2), and  In particular  Article 36 

thereof, 

Having regard  to the proposal  form  the Commission, 

Whereas Article 20d(3) of Regulation No 136/66/EEC provides  that where prices on 

the Community  market  for olive oil  are close to the  intervention price over a 

period  to be determined,  it may be decided  to permit  the conclusion of storage 

contracts; whereas such contracts may be concluded  solely with recognized 

producer groups or recognized  associations thereof within  the meaning of 

Regulation  (EEC) No 1360/78<3>, as  last amended by Regulation  (EEC) No 3808/89 
(4). 

(1) 0J No L 172, 30.9.1966, p. 3025/66. 
(2) OJ  No L 162, 26.6.1991, p. 27. 
(3) OJ No L 166, 23.6.1978, p. 1. 
(4) OJ No L 371, 20.12.1989, p. 1. 

Whereas,  in the case of Greece, Spain and Portugal, their special  structural 

H 

conditions  in recent  years have not permitted  the setting up of a sufficient 

number of organizations necessary  for  the conclusions of storage contracts within 

the meaning of Regulation  (EEC) No 1360/78; whereas, at present, the situation 

has not changed significantly; whereas, as a consequence,  in those Member  States 

a very small  number of producers would be able to conclude storage contracts; 

whereas, until  such  time as the application of  the abovementioned Regulation in 

Greece, Spain and Portugal  achieves  its full  effects and  in order  not to 

prejudice  the producers  in those Member  States, a derogation should be  laid down 

for a  limited period  from Article 20d of Regulation No 136/66/EEC by providing, 

in addition, for  the possibility of storage contracts  to be concluded with bodies 

other  than those  laid down  in Regulation  (EEC) No 1369/78; 

HAS ADOPTED THIS REGULATION: 

Article 1 

By way of derogation  from Article 20d(3) of regulation No 136/66/EEC, for the 

1991/92 and  1992/93 marketing years, storage contracts for olive oil may also be 

concluded  in Greece, Spain and Portugal  by recognized producers' organizations or 

recognized associations thereof within  the meaning of  that Regulation, who hold 

olive oil of Community origin, produced by their own members and who have 

suitable facilities for  its storage. 

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, 

For  the Commission 

o 

ISSN 0254-1475 

COM(91) 558 final 

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03 

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ISBN 92-77-79441-0 

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