Commission Regulation (EC) No 2070/2001 of 23 October 2001 amending Regulation (EC) No 2366/98 laying down detailed rules for the application of the system of production aid for olive oil for the 1998/1999, 1999/2000 and 2000/01 marketing years
Date: 2001-10-23
Institutions: European Commission
Subjects: marketing, olive oil, production aid

24.10.2001

EN

Official Journal of the European Communities

L 280/3

COMMISSION REGULATION (EC) No 2070/2001

of 23 October 2001

amending Regulation (EC) No 2366/98 laying down detailed rules for the application of the system
of production aid for olive oil for the 1998/1999, 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 organ-
isation of the market in oils and fats (1), as last amended by
Regulation (EC) No 1513/2001 (2), and in particular Article 5
thereof,

Having regard to Council Regulation (EC) No 1638/98 of 20
July 1998 amending Regulation No 136/66/EEC on the estab-
lishment of a common organisation of the market in oils and
fats (3), as amended by Regulation (EC) No 1513/2001, and in
particular Article 2 thereof,

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 (4), as last amended by Regulation (EC) No 1638/
98, and in particular Article 19 thereof,

Whereas:

(1)

(2)

Regulation (EC) No 1513/2001 amending Regulations
No 136/66/EEC and (EC) No 1638/98 as regards the
extension of the period of validity of the aid scheme and
the quality strategy for olive oil extended application of
the rules currently in force in the oils and fats sector to
the end of the 2003/04 marketing year. As a result
Commission Regulation (EC) No 2366/98 (5), as last
amended by Regulation (EC) No 648/2001 (6), should be
amended.

Article 15 of Regulation (EEC) No 2261/84 stipulates
that where the checks on an approved mill do not
confirm the figures in the stock records of that mill the
Member State must determine the quantity of oil for
which aid is to be given for each producer taking into
account the olive yields and oil yields fixed in accord-
ance with the standard method laid down in Article 18
thereof. In order that the eligible quantity reflects as
closely as possible the actual production of the produ-
cers concerned,
the Member State must also take
account of other objective factors at the time of fixing
that quantity. The number of olive trees in question, the
yield fixed for the homogeneous zone concerned and a
coefficient taking account of the difference, at national
level, between the production resulting from the esti-

(1) OJ 172, 30.9.1966, p. 3025/66.
(2) OJ L 201, 26.7.2001, p. 4.
(3) OJ L 210, 28.7.1998, p. 32.
(4) OJ L 208, 3.8.1984, p. 3.
(5) OJ L 293, 31.10.1998, p. 50.
(6) OJ L 91, 31.3.2001, p. 45.

mate of yields and the effective production fixed by the
Commission in accordance with Article 17a(2) of Regu-
lation (EEC) No 2261/84 constitute such criteria and
must therefore be incorporated into the calculation of
the eligible quantity.

(3)

The measures provided for in this Regulation 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 the title, the words ‘1998/1999, 1999/2000 and 2000/
01 marketing years’ are replaced by ‘1998/1999, 1999/
2000, 2000/01, 2001/02, 2002/03 and 2003/04 marketing
years’.

2. In the second subparagraph of Article 14(1), the words
‘1998/1999, 1999/2000 and 2000/01 marketing years’ are
replaced by ‘1998/1999, 1999/2000, 2000/01, 2001/02,
2002/03 and 2003/04 marketing years’.

3. The second subparagraph of Article 15(1) is replaced by the

following:

‘However, without prejudice to any claims which the olive
growers concerned might make against
that
quantity may not exceed either the quantity covered by each
aid application submitted or the quantity obtained by multi-
plying:

the mill,

— the number of olive trees of the olive grower concerned

by

— the average yield for the homogeneous zone in which

they are located and by

— a coefficient representing the ratio between the produc-
tion fixed for the Member State under Article 17a(2) of
Regulation (EEC) No 2261/84 and the production
obtained for that Member State by estimating the yields
and the number of olive trees.

The number of olive trees shall be determined in proportion
to the quantity of oil concerned in the case where aid is
requested for oil obtained from more than one mill.’

4. In Article 26(2), the words ‘1998/1999, 1999/2000 and
2000/01 marketing years’ are replaced by ‘1998/1999,
1999/2000, 2000/01, 2001/02 and 2002/03 marketing
years’.

L 280/4

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Official Journal of the European Communities

24.10.2001

5. In Article 28(2),

‘to 2002/03’

is added after ‘2000/01’.

6. In the third subparagraph of Article 30(1),

‘20 % in 2000/01’ is replaced by ‘20 % in 2000/01 to

2003/04’.

7. The final subparagraph of Article 32 is replaced by the following:

‘Before 1 January of the 1999/2000, 2000/01, 2001/02, 2002/03 and 2003/04 marketing years,
producer Member States shall present a summary report of the number of checks carried out under
Articles 28, 29 and 30, the number of cases where adjustment was required, with an indication of the
information or quantities concerned, and the penalties imposed or under consideration, along with a
brief assessment of the control arrangements set up and any difficulties encountered.’

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

Article 2

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

Done at Brussels, 23 October 2001.

For the Commission

Franz FISCHLER

Member of the Commission