Commission Regulation (EC) No 2383/2002 of 30 December 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 to 2003/2004 marketing years
Date: 2002-12-30
Institutions: European Commission
Subjects: aid system, marketing, olive oil, production aid

L 358/122

EN

Official Journal of the European Communities

31.12.2002

COMMISSION REGULATION (EC) No 2383/2002

of 30 December 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 to 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 (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,

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, and in
particular Article 4 thereof,

Whereas:

(1)

(2)

Article 1 of Commission Regulation (EC) No 2366/
98 (6), as last amended by Regulation (EC) No 1249/
2002 (7), lays down that olive growers must lodge crop
declarations before 1 December of each marketing year.
Article 20(1) of that Regulation lays down that producer
organisations or, where appropriate, associations thereof
must submit their members' crop declarations and any
amendments thereto to the competent agency of the
Member State concerned before 1 January of each
marketing year.

However, in certain olive-growing regions, due in parti-
cular to the high number of crop declarations, ongoing
restructuring of olive groves or other specific circum-
stances, the above dates are no longer appropriate for
the purpose of controls. Provision should therefore be
made for the Member States to be able to extend, within
certain limits, the deadlines for the lodging and submis-
sion of crop declarations to the competent agency so as
to improve the effectiveness of controls in certain
regions.

(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 293, 31.10.1998, p. 50.
(7) OJ L 183, 12.7.2002, p. 5.

(3)

(4)

(5)

(6)

The management and monitoring of
the system of
production aid for olive oil requires that the information
on new planting provided for in Article 5 of Regulation
(EC) No 2366/98 be provided on a regular basis. Conse-
quently, the numbers of olive trees for the marketing
years after 1998/1999 and 1999/2000 should also be
notified to the Commission.

Regulation (EC) No 2366/98 should therefore be
amended accordingly.

To allow an extension of the deadline referred to in
Article 1(1) of Regulation (EC) No 2366/98 from the
current marketing year,
this Regulation should apply
from 30 November 2002. Provision should therefore be
made for its immediate entry into force.

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 hereby amended as follows:

1. Article 1(1) is replaced by the following:

‘1.
For the purposes of granting aid for the production of
olive oil as provided for in Article 5 of Regulation 136/66/
EEC, before 1 December of each marketing year olive
growers shall lodge crop declarations covering their olive
trees in production and details of the olive groves they
manage as at 1 November of the marketing year to which
the declarations correspond. However, in order to improve
the effectiveness of controls in certain regions, the Member
States may extend the deadline for the lodging of declara-
tions by a maximum of three months.

the marketing year concerned,

the
Before 1 January of
Member States shall communicate to the Commission the
regions and the reasons for which the deadline for the
lodging of crop declarations has been extended, and the
new date laid down.’

2. Article 5(4) is replaced by the following paragraphs 4 and 5:

‘4.
Before 31 October 2001, the Member States shall
communicate to the Commission the measures taken to
monitor the application of paragraphs 2 and 3 and to pena-
lise offenders.

31.12.2002

EN

Official Journal of the European Communities

L 358/123

Before 31 October of the marketing year concerned,
5.
the Member States shall communicate to the Commission
the number of olive trees regarding which, in accordance
with paragraph 2:

— a declaration of intention to plant was lodged,

— the Member State considers that they are replacement

plantings of grubbed trees,

— the Member State considers that
under an approved programme,
Article 4,

they are plantings
in accordance with

— the Member State considers that

they are additional

plantings not eligible for aid after 31 October 2001.

3. Article 20(1) is replaced by the following:

‘1.
Before 1 January of each marketing year, producer
organisations or, where appropriate, associations thereof
their members' crop declarations and any
shall submit
amendments
the
thereto to the competent agency of
Member State concerned. However, in order to improve the
effectiveness of controls in certain regions,
the Member
States may extend the deadline for
the submission of
declarations by a maximum of three months.

The Member States shall communicate to the Commission,
before 1 January of
the
regions and the reasons for which the deadline for the
submission of crop declarations has been extended, and the
new date laid down.’

the marketing year concerned,

Article 2

However,
for the 2000/2001 and 2001/2002 marketing
years, the information referred to in the first subparagraph
shall be notified to the Commission before 28 February
2003.’

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

It shall apply from 30 November 2002.

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

Done at Brussels, 30 December 2002.

For the Commission

Franz FISCHLER

Member of the Commission