Commission Regulation (EC) No 1331/2004 of 20 July 2004 amending Regulation (EC) No 1334/2002 laying down detailed rules for the application of Council Regulation (EC) No 1638/98 as regards the work programmes of operators' organisations in the olive sector for the marketing year 2004/2005
Date: 2004-07-20
Institutions: European Commission
Subjects: agricultural production policy, aid system, common organisation of markets, marketing, olive oil, producer organisation

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Official Journal of the European Union

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COMMISSION REGULATION (EC) No 1331/2004

of 20 July 2004

amending Regulation (EC) No 1334/2002 laying down detailed rules for the application of Council
Regulation (EC) No 1638/98 as regards the work programmes of operators' organisations in the
olive sector for the marketing year 2004/2005

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

HAS ADOPTED THIS REGULATION:

Having regard to the Treaty
Community,

establishing the European

Regulation (EC) No 1334/2002 is hereby amended as follows:

Article 1

1. the title is replaced by the following:

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 (1), and in particular the second indent of the first subpar-
agraph of Article 4a(3) and Article 4a(4) thereof,

‘Commission Regulation (EC) No 1334/2002 laying down
detailed rules for
the application of Council Regulation
(EC) No 1638/98 as regards the work programmes of
the
operators' organisations
marketing years 2002/2003, 2003/2004 and 2004/2005’;

in the olive

sector

for

Whereas:

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

(1)

(2)

Commission Regulation (EC) No 1334/2002 (2)
lays
down, for the purposes of Community financing under
Article 4a of Regulation (EC) No 1638/98, rules for the
2002/2003 and 2003/2004 marketing years on approval
of operators' organisations in the olive sector and on
their work programmes.

Regulation (EC) 865/2004 amends Article 5 of Council
Regulation No 136/66/EEC (3) so as to retain for the
the present olive oil
year
2004/2005 marketing
production aid, from which the deduction is made that
provides
the work
programmes of the operators' organisations. The period
should therefore be
of validity of
extended to the 2004/2005 marketing year.

the Community

the above rules

funding

for

(3)

Regulation (EC) No 1334/2002 should be amended
accordingly.

(4)

The measures provided for in this Regulation are in
accordance with the opinion of
the Management
Committee for Oils and Fats,

(1) OJ L 210, 28.7.1998, p. 32. Regulation as last amended by Regu-

lation (EC) No 865/2004 (OJ L 161, 30.4.2004, p. 97).

(2) OJ L 195, 24.7.2002, p. 16. Regulation as last amended by Regu-

lation (EC) No 631/2003 (OJ L 92, 9.4.2003, p. 6).

(3) OJ 172, 30.9.1966 p. 3025/66. Regulation as last amended by

Regulation (EC) No 865/2004.

‘1.
This Regulation lays down for the marketing years
2002/2003, 2003/2004 and 2004/2005 detailed rules for
the application of Article 4a(1) of Regulation (EC) No
1638/98 as regards approval of producer organisations
and associations of
interbranch organisations and
other operators' organisations in the olive oil and table
olive sectors, as mentioned in that paragraph, and of the
work programmes of these organisations.’

these,

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

‘1.
For the purposes of approval for all the period covered
by this Regulation, operators' organisations in the olive
sector must
lodge, by a date to be determined by the
Member State but no later than 31 May 2003, an appli-
cation demonstrating that
the conditions laid
down in Article 2. However, for the purposes of approval
for the marketing year 2004/2005 only, the date to be set
by the Member State as the deadline for lodging the appli-
cation shall be no later than 30 September 2004.’;

they meet

4. Article 5 is amended as follows:

(a) paragraph 1 is replaced by the following:

‘1.
The work programmes eligible for Community
funding under Article 4a(1) of Regulation (EC) No
1638/98 shall consist of activities as
indicated in
Article 4 above and shall be carried out in the case of

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21.7.2004

programmes for the marketing years 2002/2003 and
2003/2004 between 1 November 2002 and 31
October 2004, and in that of programmes for
the
marketing year 2004/2005 between 1 November 2004
and 31 October 2005.’;

documents that are to accompany the application and
check these, and shall release the security corresponding
to the expenditure in question no later than in the
course of the second month following that in which
the application is lodged.’;

(b) the first subparagraph of paragraph 2 is replaced by the

following:

7. Article 9 is amended as follows:

‘Any operators' organisation that has been approved
under this Regulation or has lodged an application for
approval may lodge, by a date to be set by the Member
State that shall be no later than 31 May 2003 for work
programmes for the marketing years 2002/2003 and
2003/2004 and 30 September 2004 for work
the marketing year 2004/2005, an
programmes for
application for Community funding for one single
work programme per period.’;

5. The first subparagraph of Article 6(3)

is replaced by the

following:

‘By 31 July 2003 for work programmes for the marketing
years 2002/2003 and 2003/2004 and by 31 October 2004
for work programmes for the marketing year 2004/2005,
Member States shall approve the work programmes of
approved organisations to which they have granted the
corresponding national
funding. The Member States shall
inform the operators' organisations concerned thereof.’;

(a) paragraph 1 is replaced by the following:

as

appropriate

‘1.
For the purposes of payment of the Community
funding under Article 4a of Regulation (EC) No
thereof,
1638/98, or
operators' organisations shall lodge an application with
the relevant national authority by a date to be set by the
Member State but no later than 31 January 2005 for
work programmes for the marketing years 2002/2003
and 2003/2004 and 31 January 2006 for programmes
for the marketing year 2004/2005.

the balance

late. Applications

If an application is lodged after the above date the
Community funding shall be reduced by 1 % per
after 25
working
February
the
for
marketing years 2002/2003 and 2003/2004 or after
25 February 2006 for work programmes
the
for
marketing year 2004/2005 shall be inadmissible.’;

lodged
programmes

day
2005

for work

6. Article 8 is amended as follows:

(b) paragraph 3 is replaced by the following:

(a)

the following subparagraph is added to paragraph 2:

‘In the case of work programmes for the marketing year
2004/2005 Member States shall pay the organisation
concerned the entire amount indicated in paragraph 1
during
the
following
programme.’;

the month

approval

of

‘3.
If for activities completed before 31 October 2004
in the case of a work programme covering the marketing
years 2002/2003 and 2003/2004 or before 31 October
2005 in the
covering the
case of a programme
marketing year 2004/2005, payment is made after the
end of the month following the respective final date, the
Community funding shall be reduced by 1 % per day late
for the first 30 days after 30 November and by 2 % per
day late thereafter.’;

(b) paragraph 4 is replaced by the following:

8. Article 11 is amended as follows:

‘4.
By a date to be set by the Member State but no
later than 31 May 2004 operators' organisations with an
approved work programme for
the marketing years
2002/2003 and 2003/2004 may lodge an application
for release of the security indicated in paragraph 3 up
to an amount equal
the expenditure actually
incurred. Member States shall specify the supporting

to half

(a)

the following subparagraph is added to paragraph 1:

shall

‘Member
immediately notify
the
States
Commission all relevant
information on the national
provisions indicated in the first subparagraph and any
modifications thereto.’;

to

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(b) paragraphs 1a and 2 are replaced by the following:

‘1a.
By 28 February 2003 for work programmes for
the marketing years 2002/2003 and 2003/2004 and by
the
28 February 2005 for work programmes
marketing year 2004/2005, Member States shall inform
the Commission of their decision for each marketing
year as regards the derogation from Article 20d(1) of
Regulation No 136/66/EEC for which Article 3 of Regu-
lation (EC) No 1873/2002 provides.

for

2.
Before 5 September 2003 for work programmes
for the marketing years 2002/2003 and 2003/2004
and before 5 December 2004 for work programmes
the marketing year 2004/2005, Member States
for
shall inform the Commission of their decision for each
marketing year as regards the derogation from Article
5(9) of Regulation No 136/66/EEC for which Article 3
of Regulation (EC) No 1873/2002 provides.

Before 5 September 2003 for work programmes for the
marketing years 2002/2003 and 2003/2004 and before
5 December 2004 for work programmes
the
marketing year 2004/2005, Member States shall send

for

the operators' organi-
the Commission particulars of
sations and work programmes approved. These shall be
broken down by type of organisation as indicated in
Article 2 above, by regional area and by volume of aid
withheld under Article 4a(1) of Regulation (EC) No
1638/98 for
this
the marketing years
volume in turn being broken down by area of activity.’;

concerned,

(c)

the first phrase of paragraph 3 is replaced by the
following:

‘By 30 April 2005 for work programmes
the
marketing years 2002/2003 and 2003/2004 and by
30 April 2006 for programmes for the marketing year
2004/2005, Member States shall send the Commission a
report on action taken under this Regulation covering at
least the following:’.

for

Article 2

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

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

Done at Brussels, 20 July 2004.

For the Commission

Franz FISCHLER
Member of the Commission