Council Regulation (EC) No 1639/98 of 20 July 1998 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
Date: 1998-07-20
Institutions: Council of the European Union
Subjects: olive oil, producer organisation, production aid

L 210/38

‹

EN

‹

Official Journal of the European Communities

28. 7. 98

COUNCIL REGULATION (EC) No 1639/98

of 20 July 1998

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

THE COUNCIL OF THE EUROPEAN UNION,

2. the second indent of Article 8(1) shall be replaced by

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), and in par-
ticular Article 5(8) thereof,

Having regard to the proposal from the Commission (2),

from
Whereas Regulation (EC) No 1638/98 deletes
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
accordingly Regulation (EEC) No 2261/84 (3) and to
strengthen the checks on production aid;

Whereas Regulation (EC) No 1638/98 introduces
in
Article 5 of Regulation No 136/66/EEC a national alloca-
tion of the maximum guaranteed quantity and specifies
the implications of an overrun of any of these national
guaranteed 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 hereby amended as
follows:

1. paragraphs 4 and 5 of Article 2 shall be replaced by

the following:

The aid shall be granted,

‘4.
in accordance with
Article 5(1) of Regulation No 136/66/EEC, on the
quantity of oil actually produced at an approved mill.’;

the following:

‘— that the figures supplied by each grower for quant-
ities of olives pressed and of oil obtained corres-
pond to the quantities of olives and oil stated in
the evidence of pressing.’;

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

Each olive oil grower may receive an advance on

‘1.
the amount of the aid applied for.’;

4. the

following

subparagraph shall be

added to

Article 13(1):

‘(e) have undertaken to submit

to the competent
authorities, before dates to be determined, monthly
stock record summaries.’;

5. in Article 14:

(a)

in paragraph 3a the introductory phrase shall be
replaced by:

‘For the purposes of paying aid to olive growers,
Member States shall check:’;

(b) paragraph 4 shall be deleted;

(c) the second subparagraph of paragraph 5 shall be

replaced by the following:

‘These files shall be used to guide the checking
required under paragraphs 1, 2 and 3.’;

6. in Article 15(3) the words ‘whose average production is
at least 500 kg of oil per marketing year and’ shall be
deleted;

7. Article 17a shall be replaced by the following:

‘Article 17a

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

— estimated production qualifying for the aid,

(1) OJ 172, 30. 9. 1966, p. 3025/66. Regulation as last amended
by Regulation (EC) No 1638/98 (OJ L 210, 28. 7. 98, p. 32).

(2) OJ C 136, 1. 5. 1998, p. 25.
(3) OJ L 208, 3. 8. 1984, p. 3. Regulation as last amended by Re-
gulation (EC) No 636/95 (OJ L 67, 25. 3. 1995, p. 1).

— a single rate for advances on the production aid;
this must be such that, given the production fore-
cast for the marketing year in question, any risk of
undue payment to growers is avoided.

28. 7. 98

‹

EN

‹

Official Journal of the European Communities

L 210/39

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, deter-
mine for each producer Member State for that market-
ing 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(6) of Regula-
tion No 136/66/EEC.

3. Member States shall notify to the Commission, by
5 September of the marketing year concerned, their
olive oil 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.’;

8. in Article 18, the words ‘mentioned in the second
indent of the first subparagraph of Article 5(2)’ shall be
replaced by ‘mentioned in Article 5(7)’.

Article 2

This Regulation shall enter into force on the seventh day
following that of 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.

Done at Brussels, 20 July 1998.

For the Council

The President

W. MOLTERER