Commission Regulation (EC) No 1273/1999 of 17 June 1999 amending Regulation (EC) No 2366/98 laying down detailed rules for the application of the system of production aid for olive oil for the 1998/99, 1999/2000 and 2000/01 marketing years
Date: 1999-06-17
Institutions: European Commission
Subjects: aid system, olive oil, production aid

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Official Journal of the European Communities

18. 6. 1999

COMMISSION REGULATION (EC) No 1273/1999

of 17 June 1999

amending Regulation (EC) No 2366/98 laying down detailed rules for the applica-
tion of the system of production aid for olive oil for the 1998/99, 1999/2000 and
2000/01 marketing years

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

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), as last
amended by Regulation (EC) No 1638/98 (2), and in
particular Article 5(11) thereof,

Having regard, in particular, to Article 4 of Regulation
(EC) No 1638/98,

Having regard to 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 organisations (3), as last amended by Regulation
(EC) No 1639/98 (4), and in particular Article 19 thereof,

(1) Whereas Article 3(2) of Commission Regulation
(EC) No 2366/98 (5)
lays down that declarations
under Commission Regulation (EEC) No 3061/
84 (6), as last amended by Regulation (EC) No
2455/97 (7), are to be replaced by a full crop
declaration in the course of the 1999/2000 and
2000/01 marketing years; whereas that replacement
should be allowed to be brought forward;

(2) Whereas Article 5(2) of Regulation (EC) No 2366/
98 refers to a programme approved under Article 4;
whereas it must be made clear that this reference is
to Article 4 of Regulation (EC) No 1638/98 which
lays down the conditions for eligibility for aid after
31 October 2001 for additional olive trees planted
after 1 May 1998;

(3) Whereas for the purposes of fixing the olive yields
and oil yields referred to in Article 18 of Regula-
tion (EEC) No 2261/84, that Regulation lays down
the deadline of 31 May for forwarding the informa-

(1) OJ 172, 30.9.1966,p.3025/66.
(2) OJ L 210, 28.7.1998, p. 32.
(3) OJ L 208, 3.8.1984, p. 3.
(4) OJ L 210, 28.7.1998, p. 38.
(5) OJ L 293, 31.10.1998, p. 50.
(6) OJ L 288, 1.11.1984, p. 52.
(7) OJ L 340, 11.12.1997, p. 26.

tion concerned broken down by homogeneous
production zones; whereas Article 6 of Regulation
(EC) No 2366/98 should therefore be adjusted;

(4) Whereas Article 8 of Regulation (EC) No 2366/98
lays down that monthly statements of the stock
records of mills are to be sent before the 10th day
of the month following the month concerned to
the competent agency and, where applicable, to the
agency responsible for checks; whereas for practical
administrative reasons in some Member States that
deadline should be extended by one day;

(5) Whereas Article 9(1) of Regulation (EC) No 2366/
98 lays down that the quantities of olive residue
obtained, determined on a flat-rate basis, are to be
entered in the stock records for each day; whereas
provision should also be made for the said entry in
the records to be by weight;

(6) Whereas in Article 9(2)(a) of Regulation (EC) No
2366/98 the inappropriate terminology should be
amended;

the Commission must have

(7) Whereas the Council has modified the common
market organisation for olive oil for a transitional
period up to and including the 2000/01 marketing
year; whereas
a
maximum amount of reliable production statistics
and submit to the Council before 2001 a proposal
for a common market organisation for the oils and
fats sector applicable from 1 November 2001;
whereas to that end it is necessary to have data on
olive and olive oil yields in producing Member
States; whereas in order to obtain the most accurate
possible information which is directly comparable
for all Member States concerned, a method of
assessment of those yields allowing such compar-
ison should be introduced from the 1999/2000
marketing year; whereas details of that method and
the regional areas to which it applies must be laid
down in order to obtain the most representative
results possible;

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Official Journal of the European Communities

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(8) Whereas from the 1999/2000 marketing year the
work involved in the method of assessing yields
must be integrated in the work schedule of the
control agencies provided for in Article 31 of Regu-
lation (EC) No 2366/98;

(9) Whereas the measures provided for in this Regula-
tion are in accordance with the opinion of the
Management Committee for Oils and Fats,

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 2366/98 is amended as follows:

1. in Article 3(2) ‘not later than' is inserted before ‘in the
course of the 1999/2000 and 2000/2001 marketing
years';

2. the second indent of

the second subparagraph of

Article 5(2) is replaced by the following:

‘ the planned planting involves additional olive trees
covered by a programme approved under Article 4
of Regulation (EC) No 1638/98 and therefore
qualifies for aid after 31 October 2001,';

3. in Article 6(3),

‘before 1 August 1999 at the latest,' is

deleted;

4. in the second indent of Article 8(b),

‘before the 10th

day' is replaced by ‘not later than the 10th day';

5. in Article 9(1), point (e) is replaced by the following:

‘(e) the quantities of olive residues obtained, deter-
mined by weighing or on a flat-rate basis.';

6. in Article 9(2)(a),

‘pressed' is replaced by ‘obtained'.

Article 2

(a) for each of the homogeneous zones referred to in
paragraph 3, in accordance with the method indi-
cated in that paragraph for the data in question:

 the average olive yield in kilograms per olive

tree harvested for olives for oil,

 elements

that allow an assessment of

the
breakdown of the sample monitored for the
purposes of estimating olive yields by regional
area;

(b) for each of the regional areas referred to in para-
graph 2, in accordance with the method indicated
in that paragraph for the data in question:

 the average olive yield in kilograms per olive
tree harvested for olives for oil, and the accu-
racy of the estimate,

 the average percentage of trees harvested for
olives for oil as against the total trees declared,
and the accuracy of the estimate,

 the average yield of all virgin olive oils per
kilogram of olives and the average percentages
of lampante virgin olive oil, ordinary virgin
olive oil, virgin olive oil and extra virgin olive
oil established in accordance with paragraph 4;

(c) for each of

the Member States concerned, an
evaluation based on the results referred to in
points (a) and (b) of:

 the olive and olive oil yields per tree harvested,
 the percentage and number of trees harvested,
 the percentage and production of

lampante
virgin olive oil, ordinary virgin olive oil, virgin
olive oil and extra virgin olive oil.

2.

The regional areas are set out in the Annex.

Without prejudice to Article 28, a sample of 100
holdings shall be monitored in each regional area in
order to check the crop declarations and to record:

Regulation (EC) No 2366/98 is amended as follows:

 the total number of olive trees harvested for olives

for oil,

1. Article 6 is replaced by the following:

 the quantities of olives delivered to mills.

‘Article 6

1.
For the purposes of fixing the olive yields and
oil yields referred to in Article 18 of Regulation (EEC)
No 2261/84, not later than 31 May of the marketing
year
shall
in question, producer Member States
provide the Commission with:

The data shall be be recorded on the spot at an
appropriate time. Where a holding carries out several
deliveries, at least one of those deliveries shall be
subject to an on-the-spot check. A system for the
quality control of data shall be introduced. Unreliable
data shall be excluded from calculations.

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Official Journal of the European Communities

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The sample of holdings to be monitored shall be
selected at random from all agricultural holdings that
have lodged an aid application in one of the two
marketing years preceding that for which the yields
are to be estimated. The holdings shall be stratified by:

 homogenous zone as referred to in paragraph 3,

 size,

 possibly other criteria judged necessary by the

Member State.

Preparation and drawing of the samples at national
level shall take place in the presence of experts from
several national bodies and, where appropriate, from
the Commission.

For the purposes of granting aid, olive growers shall
be obliged to collaborate in assessing yields where
required.

3.
The homogenous zones shall be determined by
the Member States taking account in particular of:

 the geographical location and the agronomic char-

acteristics of the terrain,

 the predominant varieties and the age of olive
shape

trees and the most common type of
pruning,

 the need for a limited number of zones that
remain constant over time and do not go beyond
the boundaries of a regional area.

The Member States shall notify the Commission
before 1 January of the marketing year concerned of
the list and description of the homogenous zones laid
down or of any amendments, duly justified, to the list
previously laid down.

Within each homogeneous zone, the Member States
shall establish a sampling plan and a method allowing
experts to estimate the average olive yield per olive
tree harvested for olives for oil.

holdings provided for in paragraph 2, the experts’
estimates shall be adjusted accordingly.

The average yield of all virgin olive oils per
4.
kilogram of olives and the percentages of the various
categories of virgin olive oil shall be established on
the basis of the results provided for the marketing year
concerned by the approved mills subject to in-depth
checks under the first subparagraph of Article 30(1).

The results for each regional area shall be calculated
on the basis of
the aggregate data for the mills
checked, taking account of the quantities of olives
processed by those mills in the area in question.

The Member States shall notify the Commission
5.
before 1 January of the marketing year concerned, on
the basis of experts’ estimates
and information
relating to previous marketing years, of an initial esti-
mate of the olive and olive oil yields within each
regional area.';

2. the Annex to this Regulation is annexed to Regulation

(EC) No 2366/98.

Article 3

In Article 31 of Regulation (EC) No 2366/98, the first
paragraph is replaced by the following:

‘Where an agency is entrusted with the task of
carrying out checks as provided for in this Regulation,
it shall also carry out the assessment of olive and olive
oil yields by regional area referred to in Article 6. This
work shall be shown in the agency’s work schedule
drawn up in accordance with Articles 3 and 4 of
Regulation (EEC) No 27/85.'

Article 4

This Regulation shall enter into force on the seventh day
following its publication in the Official Journal of the
European Communities.

Where the aggregated average yields estimated by
experts for the homogenous zones do not coincide at
the regional-area level with the confidence interval for
the average yield based on the monitoring of the

However, Article 2 shall apply from 1 July 1999 and
Article 3 from 1 November 1999.

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

Done at Brussels, 17 June 1999.

For the Commission

Franz FISCHLER

Member of the Commission

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Official Journal of the European Communities

18. 6. 1999

ANNEX

Regional areas referred to in Article 6(2)

SPAIN

1. NUTS III ‘Jaen' region

2. All NUTS III ‘Granada',

‘Malaga' and ‘Seville' regions

3. NUTS III ‘Cordoba' region

4. NUTS II ‘Castile-La Mancha' region

5. All NUTS II ‘Catalonia' and ‘Valencia' regions

6. NUTS II ‘Extremadura' region

ITALY

1. All NUTS III ‘Foggia' and ‘Bari' regions

2. All NUTS III ‘Taranto',

‘Brindisi' and ‘Lecce' regions

3. All NUTS III ‘Cosenza',

‘Crotone' and ‘Catanzaro' regions

4. All NUTS III ‘Vibo Valentia' and ‘Reggio di Calabria' regions

5. NUTS II ‘Sicily' region

6. NUTS II ‘Campania' region

7. NUTS II ‘Lazio' region

8. NUTS II ‘Abruzzo' region

9. NUTS II ‘Tuscany' region

GREECE

1. NUTS III ‘Irakleio' region

2. All NUTS III ‘Lassithi',

‘Rethymni' and ‘Chania' regions

3. NUTS II ‘Peloponnese' region

4. NUTS II ‘Western Greece' region

5. NUTS II ‘Ionian Islands' region

6. NUTS II ‘Continental Greece' region

7. NUTS III ‘Lesbos' region

PORTUGAL

1. NUTS II ‘Alentejo' region

2. NUTS II ‘North' region

3. NUTS II ‘Centre' region

FRANCE

NUTS II ‘Provence-Alpes-Côte d’Azur' region