Commission Regulation (EC) No 1249/2002 of 11 July 2002 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, 2000/2001, 2001/2002, 2002/2003 and 2003/2004 marketing years
Date: 2002-07-11
Institutions: European Commission
Subjects: aid system, marketing, olive oil, production aid

12.7.2002

EN

Official Journal of the European Communities

L 183/5

COMMISSION REGULATION (EC) No 1249/2002

of 11 July 2002

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, 2000/2001, 2001/2002, 2002/2003
and 2003/2004 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 organisa-
tion of the market in oils and fats (1), as last amended by Regu-
lation (EC) No 1513/2001 (2), and in particular Article 5
thereof,

Having regard to Council Regulation (EC) 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 orga-
nisations (3), as last amended by Regulation (EC) No 1639/
98 (4), and in particular Article 19 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 (5), as amended by Regulation (EC) No 1513/2001 (6), and
in particular Article 4 thereof,

Whereas:

(1)

(2)

Under Article 4 of Regulation (EC) No 1638/98 no olive
grower aid may be paid in respect of additional olive
trees planted after 1 May 1998 or those for which no
crop declaration has been made by a date to be deter-
mined. Article 5(1) of Commission Regulation (EC) No
2366/98 (7), as last amended by Regulation (EC) No
2070/2001 (8), provides that exclusion from the aid
relates to the production of additional olive trees planted
after 1 May 1998 or those planted after 1 November
1995 for which no crop declaration has been made by 1
April 1999. However, additional olive trees in connec-
tion with the conversion of an old olive plantation or
covered by a programme approved by the Commission
may qualify for aid.

The production of the additional olive trees referred to
in the first subparagraph of Article 4 of Regulation (EC)
No 1638/98 is not significant in the first three years
after planting. However, from the 2002/03 marketing
year, the production from these trees will become signifi-
cant and must be taken into consideration for the
purposes of exclusion from the production aid scheme.
It is therefore necessary to provide for a system of calcu-
lation based on the quantity of virgin oil produced, the

(1) OJ 172, 30.9.1966, p. 3025/66.
(2) OJ L 201, 26.7.2001, p. 4.
(3) OJ L 208, 3.8.1984, p. 3.
(4) OJ L 210, 28.7.1998, p. 38.
(5) OJ L 210, 28.7.1998, p. 32.
(6) OJ L 201, 26.7.2001, p. 4.
(7) OJ L 293, 31.10.1998, p. 50.
(8) OJ L 280, 24.10.2001, p. 3.

number of olive trees in production planted before and
after 1 May 1998, and coefficients allowing oil produc-
tion from additional olive trees which is not eligible for
aid to be deducted from overall production. These coeffi-
cients are established on the basis of the forecast evolu-
tion of yields in relation to the age of the plantings.

(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. The following Article 12a is inserted:

‘Article 12a

On the basis of the declarations referred to in Articles 2 and
5 and the aid applications referred to in Article 12, producer
Member States shall determine the olive oil production of
additional olive trees within the meaning of the first subpar-
agraph of Article 4 of Regulation (EC) No 1638/98 for the
2002/03 marketing year by multiplying the average yield
per adult olive tree by the sum of:

— the number of additional olive trees planted between 1
May and 31 October 1998, multiplied by 0,70, and

— the number of additional olive trees planted between 1
November 1998 and 31 October 1999, multiplied by
0,35.

The average yield per adult olive tree shall be calculated by
dividing the quantity of virgin olive oil produced from addi-
tional olive trees, as referred to in the first subparagraph, by
the sum of:

— the number of olive trees in production planted before 1

May 1998, and

— the number of olive trees in production planted between
1 May and 31 October 1998, multiplied by 0,70, and

— the number of olive trees in production planted between
1 November 1998 and 31 October 1999, multiplied by
0,35.’

L 183/6

EN

Official Journal of the European Communities

12.7.2002

2. The first subparagraph of Article 14(1) is replaced by the

following:

‘1.
Olive growers shall be eligible for aid in respect of the
quantity of virgin olive oil they actually produce, minus the
production of additional olive trees referred to in the first
subparagraph of Article 12a, plus the flat-rate quantity of
olive-residue oil provided for in paragraph 2.’

3. Article 14(2) is replaced by the following:

The quantity of olive-residue oil on which the aid may
‘2.
be paid shall be equal to 8 % of the quantity of virgin olive
the additional olive trees
oil, minus the production of

referred to in Article 12a, produced from the olives from
which the residue has come and in respect of which entitle-
ment to aid has been recognised in accordance with Article
2(4) of Regulation (EEC) No 2261/84.’

Article 2

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

It shall apply from 1 November 2002.

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

Done at Brussels, 11 July 2002.

For the Commission

Franz FISCHLER

Member of the Commission