1999/564/EC: Commission Decision of 28 July 1999 on the granting of aid for the production of table olives in Portugal (notified under document number C(1999) 2462) (Only the Portuguese version is authentic)
Date: 1999-07-28
Institutions: European Commission
Subjects: Portugal, State aid, olive, production aid, terms for aid

13. 8. 1999

EN

Official Journal of the European Communities

L 213/25

COMMISSION DECISION

of 28 July 1999

on the granting of aid for the production of table olives in Portugal

(notified under document number C(1999) 2462)

(Only the Portuguese version is authentic)

(1999/564/EC)

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 organ-
isation of the market in oils and fats (1), as last amended by
Regulation (EC) No 1638/98 (2), and in particular Article 5(4)
thereof,

(1) Whereas Article 5(4) of Regulation No 136/66/EEC
grants the Member States the possibility of allocating
part of their national guaranteed quantities and of their
olive-oil production aid to support for table olives under
to be approved by the Commission in
conditions
accordance with the procedure laid down in Article 38
of that Regulation;

(2) Whereas Portugal has presented a request in respect of
the 1999/2000 and 2000/01 marketing years;

(3) Whereas provision should be made for the aid to be
granted to growers of processed table olives from olive
groves in Portugal and the conditions governing the
granting of the aid should be specified;

(4) Whereas the processing period should be defined as
running from 1 September to 31 August; whereas olives
which have undergone initial treatment in brine lasting
at least 15 days, and have been removed from the brine
definitively or, failing that, have undergone treatment
making them fit for human consumption should be
deemed to be processed olives;

(5) Whereas the weight of processed table olives on which
aid is payable, and the equivalence between processed
table olives and olive oil should be determined for the
purposes of calculating the unit aid on table olives and
of administering the national guaranteed quantities;

notifications by processors of the quantities of olives
delivered by growers and leaving the processing chain,
regarding
and the obligations on paying agencies
controls; whereas provision should be made for penal-
ties on table-olive growers where their declarations
conflict with the results of checks conducted;

(8) Whereas the information needed for calculating the aid
to be granted to growers of processed table olives
should be determined; whereas an advance on the aid
may be granted under certain conditions;

(9) Whereas Portugal must notify the Commission of the
national measures adopted for the purposes of applying
this Decision and of the information used for calculating
the advance on the aid and the definitive aid;

(10) Whereas the measures provided for in this Decision are
the Management

in accordance with the opinion of
Committee for Oils and Fats,

HAS ADOPTED THIS DECISION:

Article 1

For the 1999/2000 and 2000/01 olive-oil marketing years,
Portugal is hereby authorised to grant aid for the production of
table olives in accordance with this Decision.

Article 2

Aid for the production of table olives shall be granted to
1.
growers of olives which come from olive groves in Portugal
and are
for
processing into table olives.

to approved processing undertakings

sent

(6) Whereas undertakings processing table olives must be
approved in accordance with conditions to be deter-
mined;

For each olive-oil marketing year, aid shall be granted for
2.
table olives processed between 1 September of the preceding
marketing year and 31 August of
the marketing year
concerned.

(7) Whereas provisions should be laid down for checks on
aid for table olives; whereas those provisions must in
particular cover crop declarations by table-olive growers,

(1) OJ 172, 30.9.1966, p. 3025/66.
(2) OJ L 210, 28.7.1998, p. 32.

3. Within the meaning of this Decision ‘processed table
olives’ means olives that have undergone for at least 15 days
initial treatment in brine, and have been removed from the
brine definitively or, failing that, have undergone treatment
making them fit for human consumption.

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Official Journal of the European Communities

13. 8. 1999

Article 3

— submit to all checks provided for under this Decision.

1.
For the purposes of calculating the unit aid on table
olives and of administering the national guaranteed quantities
of olive oil, 100 kilograms of processed table olives shall be
deemed to be equivalent to 11,5 kilograms of olive oil eligible
for production aid as provided for in Article 5 of Regulation
No 136/66/EEC.

The weight of processed table olives to be taken into
2.
consideration shall be the drained net weight of whole olives
after processing, possibly bruised but not stoned.

Approval shall be refused or immediately withdrawn

4.
where undertakings:
— fail to comply or no longer comply with the conditions for

approval, or

— are prosecuted by the competent authorities for irregulari-
in

the arrangements provided for

in respect of

ties
Regulation No 136/66/EEC, or

— have been penalised for an infringement to that Regulation

within the past 24 months.

Article 4

Article 5

Approval numbers shall be allocated to undertakings

1.
which:
— submit an application for approval by 30 September
preceding the olive-oil marketing year in question, accom-
panied by the information referred to in paragraph 2 and
the commitments referred to in paragraph 3,

— market processed table olives, with or without additional

preparation,

— have plant capable of processing at least 30 tonnes of olives

per year.

Applications for approval shall

2.
— a description of the processing plant and storage facilities,

include at least:

with details of their capacity,

— a description of

the forms of

table-olive preparations
marketed, indicating the average weight of processed table
olives required for one kilogram of each type of prepared
product,

For the purposes of granting the aid for the production of table
in addition to the crop declaration laid down for
olives,
olive-oil production aid, by 1 December of
the current
marketing year growers shall lodge a supplementary declara-
tion or, as appropriate, a new declaration containing the same
information as the crop declaration for olive oil but referring to
table olives.

Where the information concerned has already been furnished
by a crop declaration for olive oil and has not been subject to
modification,
simply
indicate the references to the crop declaration and the parcels
concerned.

supplementary declaration shall

the

The declarations concerning table olives shall be included in
the alphanumeric database provided for in connection with the
aid scheme for olive oil production.

Article 6

— details of stocks of table olives at various stages of prepara-
tion, by form of preparation, as at 1 September preceding
the olive-oil marketing year in question.

For the purposes of approval, processors shall undertake

3.
to:
— keep table olives on which aid is payable separate from
table olives originating in third countries and those on
which aid is not payable when taking delivery of,
processing and storing them,

1.
On delivery of the final consignment of olives and no
later than 30 June, approved undertakings shall issue growers
as referred to in Article 2(1) with a certificate of delivery
showing the net weight of olives entering the undertaking.

The certificate must be supported by all the documentation
relating to the weight of the olives delivered.

Approved undertakings shall notify the competent body

2.
and the control agency:

— keep stock accounts covering table olives,

linked to the

(a) by the 10th day of each month, of:

financial accounts and indicating, for each day:

(a) the quantities of olives entering the establishment,
showing each consignment separately and identifying
the grower of each,

(b) the quantities of olives sent for processing and the
quantities of table olives processed within the meaning
of Article 2(3),

(c) the quantities of table olives for which the process of

preparation has been completed,

(d) the quantities of table olives leaving the undertaking,
broken down by form of preparation and indicating the
consignees,

— the quantities of olives received, sent for processing and
in the

processed within the meaning of Article 2(3)
course of the previous month,

— the quantities of olives prepared and sent out, broken
in the course of the

down by form of preparation,
previous month,

— the aggregate quantities referred to in the first two
the

indents and the stock situation at
previous month;

the end of

(b) before 1 July, of the names of growers as referred to in
Article 2(1) for the processing period referred to in Article
2(2) and of the quantities covered by certificates issued to
them in accordance with paragraph 1;

— provide the grower as referred to in Article 2(1) and the
competent body with the documents and the information
referred to in Article 6 in accordance with the conditions
laid down therein,

(c) before 1 June of the following marketing year, of the total
quantities delivered for the processing period referred to in
Article 2(2) and of
the total corresponding quantities
processed.

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Official Journal of the European Communities

L 213/27

Article 7

1.
Before 1 July of the current marketing year, table-olive
growers shall lodge aid applications, directly or indirectly, with
the competent body, containing at least the following details:

— the name and address of the grower,

— the location of the holdings and the parcels where olives
were harvested, with a reference to the relevant crop
declaration,

— the approved undertaking to which the olives were deliv-

ered.

Such applications shall be accompanied by certificates of
delivery as referred to in Article 6(1).

Where applicable, applications may be accompanied by an
application for an advance on the aid.

Applications lodged after

incur a
2.
penalty consisting in a reduction of 1 % of the amount to
which the grower would have been entitled had the application
been lodged by the due date, for each working day of delay.
Applications lodged more than 25 days late shall be refused.

the deadline shall

applications in accordance with Article 7 prove to conflict with
the results of checks conducted. However, Article 15 of
Commission Regulation (EC) No 2366/98 (1) shall apply mutatis
mutandis.

Article 9

Growers as referred to in Article 2(1) may receive an
1.
advance on the aid requested. The advance shall be equal to the
unit amount referred to in Article 17(a)(1) of Council Regula-
tion (EEC) No 2261/84 (2), multiplied by the quantity of olive
oil equivalent, in accordance with Article 3(1) of this Decision,
to the relevant quantity of table olives processed.

For the purposes of granting advances to growers, the quantity
of table olives processed shall be determined by applying a
provisional processing coefficient to the quantity appearing in
the certificate of delivery, as confirmed by the further informa-
tion notified to the competent body. That coefficient shall be
established by the competent body depending on the data
available on the approved undertaking concerned. However,
the quantity of table olives taken into consideration may not
exceed 90 % of the quantity of table olives delivered.

2.
Advances on the aid shall be paid from 16 October of the
current marketing year to growers applying therefor in accord-
ance with Article 7(1).

Article 8

Article 10

Before the definitive payment of the aid, the competent

1.
body shall carry out the controls required to check:

— the quantities of
delivery issued,

table olives covered by certificates of

— the quantities of table olives processed, broken down by

grower.

Controls shall

involve:

— several physical inspections of goods in stock and a check

of the accounts of approved undertakings,

— stricter checks of aid applications from olive growers
applying for aid on both table olives and olive oil.

Portugal shall see that all the necessary controls are in

2.
place to ensure that:

— entitlement to table-olive production aid is respected,

— olives

this
entering an undertaking approved under
Decision are excluded from eligibility for olive-oil produc-
tion aid,

— no more than one aid application is lodged for the same

olives.

3. Without prejudice to the penalties laid down by Portugal,
no aid shall be granted to growers as referred to in Article 2(1)
whose declarations as provided for in Article 5 or whose aid

1. Without prejudice to the reductions provided for in
Article 20(d) of Regulation No 136/66/EEC, the aid shall be
equal to the unit amount referred to in Article 17(a)(2) of
Regulation (EEC) No 2261/84, multiplied by the quantity of
olive oil equivalent,
in accordance with Article 3(1) of this
Decision, to the relevant quantity of table olives processed.

For the purposes of granting the aid to growers as referred to
in Article 2(1), the quantity of table olives processed shall be
determined by applying a processing coefficient for the under-
taking concerned to the quantity appearing in the certificate of
delivery, as confirmed by the further information notified to
the competent body. That coefficient shall be equal to the ratio
between the total quantity of table olives processed on the one
hand, and the total quantity of table olives covered by certi-
ficates of delivery issued on the other hand, in respect of the
olive-oil marketing year concerned.

table olives processed for

Where the quantity of processed olives corresponding to the
aid as set out in the certificate of delivery cannot be established,
the quantities of
the growers
concerned shall be calculated on the basis of the average coeffi-
cient for the other undertakings. However, without prejudice to
any claims which the olive growers concerned might make
against the undertaking, that quantity of processed olives may
not exceed 75 % of the quantity shown in the certificate of
delivery.

(1) OJ L 293, 31.10.1998, p. 50.
(2) OJ L 208, 3.8.1984, p. 3.

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Official Journal of the European Communities

13. 8. 1999

Once the controls referred to in Article 8 have been
2.
carried out, the aid or, where applicable, the balance of the aid
shall be paid to the grower in full within 90 days of fixing by
the Commission of the unit amount thereof.

Article 11

Portugal shall notify the Commission:
— without delay, of the national measures taken pursuant to

this Decision,

— before 1 August of each marketing year, of the quantities of
olive oil equivalent to the estimated output of table olives
processed and of the provisional processing coefficients for
that estimate,

— before 16 June of each subsequent marketing year, of the
quantities of olive oil equivalent to the actual output of

table olives processed and of the processing coefficients
adopted.

This Decision shall apply from 1 September 1999.

Article 12

This Decision is addressed to the Portuguese Republic.

Article 13

Done at Brussels, 28 July 1999.

For the Commission

Franz FISCHLER

Member of the Commission