Commission Regulation (EC) No 1432/2004 of 10 August 2004 amending Regulations (EC) No 2366/98 laying down detailed rules for the application of the system of production aid for olive oil for the 1998/99 to 2003/04 marketing years and (EC) No 2768/98 on the aid scheme for the private storage of olive oil
Date: 2004-08-10
Institutions: European Commission
Subjects: aid system, aid to agriculture, marketing year, olive oil, olive-growing, private stock

L 264/6

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Official Journal of the European Union

11.8.2004

COMMISSION REGULATION (EC) No 1432/2004

of 10 August 2004

amending Regulations (EC) No 2366/98 laying down detailed rules for the application of the system
of production aid for olive oil for the 1998/99 to 2003/04 marketing years and (EC) No 2768/98 on
the aid scheme for the private storage of olive oil

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty
Community,

establishing the European

Having regard to Council Regulation (EEC) No 136/66 of 22
September 1966 on the establishment of a common organi-
in oils and fats (1), and in particular
sation of
Articles 5 and 12a thereof,

the market

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 (2), and in particular Article 4 thereof,

Whereas:

(1)

(2)

(3)

Commission Regulation (EC) No 2366/98 (3) lays down
detailed rules for applying the system of production aid
for olive oil provided for in Article 5 of Regulation
136/66/EEC for the 1998/99 to 2003/04 marketing
years.

Since Council Regulation (EC) No 865/2004 of 29 April
2004 on the common organisation of the market in
olive oil and table olives and amending Regulation
(EEC) No 827/68 amends Article 5 of Regulation
136/66/EEC to continue the existing production aid
scheme for the 2004/05 marketing year, application of
Regulation (EC) No 2366/98 should be extended to
cover that marketing year also.

Only areas planted to olives before 1 May 1998, areas
under replacement olive trees and areas covered by a
programme approved by the Commission are eligible
for the aid, in accordance with Article 4 of Regulation
(EC) No 1638/98. In the case of Cyprus and Malta, the
following an
final date is set at 31 December 2001,

amendment made by the Act of Accession of the Czech
Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary,
Malta, Poland, Slovenia and Slovakia. The implementing
rules relating to Article 4 of that Regulation should be
adapted accordingly.

Article 5 of Regulation (EC) No 2366/1998 requires olive
growers to submit declarations when they plant new
trees and Member States to provide the Commission
with information on such planting and to impose
penalties for infringements. For the purposes of these
obligations, the above Article 5 lays down a timetable
based, in particular, on the date of entry into force of
Regulation (EC) No 2366/1998 and 1 May 1998 as the
date from which new planting is excluded from all future
aid schemes, unless covered by a programme approved
by the Commission. Certain of the dates provided for in
Article 5 should be adapted to enable the new producer
Member States to apply it, taking account of the final
date fixed for Cyprus and Malta.

Article 12a of Regulation (EC) No 2366/1998 should
also be adjusted in order to calculate the production of
additional olive trees not eligible for aid during the
2003/04 marketing year.

Commission Regulation (EC) No 2768/98 (4) lays down
implementing the private storage
special
arrangements for olive oil provided for in Article 12a
of Regulation 136/66/EEC until 31 October 2004.

terms

for

scheme is to continue for

Since that
the 2004/05
marketing year, the date referred to in Article 1(2) of
Regulation (EC) No 2768/98 should be amended.

(4)

(5)

(6)

(7)

(8)

Regulations (EC) Nos 2366/98 and 2768/98 should
therefore be amended accordingly.

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

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

(2) OJ L 210, 20.7.1998, p. 32. Regulation as last amended by Regu-

lation (EC) No 865/2004.

(9)

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

(3) OJ L 293, 31.10.1998, p. 50. Regulation as last amended by Regu-

(4) OJ L 346, 22.12.1998, p. 14. Regulation as last amended by Regu-

lation (EC) No 1780/2003 (OJ L 260, 11.10.2003, p. 6).

lation (EC) No 763/2003 (OJ L 109, 1.5.2003, p. 12).

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HAS ADOPTED THIS REGULATION:

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

following:

Article 1

Regulation (EC) No 2366/98 is hereby amended as follows:

1.

in the title, ‘2003/04’ is replaced by ‘2004/05’;

2. Article 4 is amended as follows:

(a)

the first subparagraph of paragraph 1 is replaced by the
following:

‘1.
To constitute a basis for the payment of aid to
olive growers under the common organisation of the
market
in oils and fats in force from 1 November
2001, additional olive trees planted after 1 May 1998,
except in the case of Cyprus and Malta, for which the
date shall be 31 December 2001, must be identified
geographically and included in a national or regional
programme approved by the Commission under the
procedure laid down in Article 38 of Regulation No
136/66/EEC.’;

From 1 November 1998,

‘2.
the olive growers
concerned shall lodge prior declarations of intention to
plant,
indicating the number and location of the olive
trees in question and, where applicable, the number and
location of olive trees to be grubbed, or which have been
grubbed and not replaced after 1 May 1998, except in
the case of Cyprus and Malta, for which the date shall be
31 December 2001.’;

(c) Paragraph 4 is replaced by the following:

States

communicate

‘4. Member
the
shall
Commission the measures taken to monitor the appli-
cation of paragraphs 2 and 3 and to penalise offenders
before 31 October of
the marketing year concerned,
except in the case of Cyprus, Malta and Slovenia, for
which the date shall be 30 June 2005.’;

to

(b) the first sentence of the first subparagraph of paragraph

2 is replaced by the following:

4. the following subparagraphs are added to Article 12a:

‘2.
For the purposes of Article 4 of Regulation (EC)
No 1638/98, “additional olive tree” means an olive tree
planted after 1 May 1998, except in the case of Cyprus
and Malta, for which the date shall be 31 December
2001, other than one replacing an olive tree grubbed
after 1 May 1998, except in the case of Cyprus and
Malta, for which the date shall be 31 December 2001:’;

3. Article 5 is amended as follows:

‘For the 2003/04 marketing year, the estimate of virgin olive
oil production of additional olive trees as referred to in the
first subparagraph shall be determined 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 0,90, and

(a)

the following subparagraph is inserted after the first
subparagraph:

— the number of additional olive trees planted between 1
November 1998 and 31 October 1999, multiplied by
0,70, and

‘However, in the case of Cyprus, Malta and Slovenia, the
declaration referred to in the first subparagraph shall be
lodged before 1 December 2004 and shall cover new
planting from 1 November 1999 to 31 October 2004
for Cyprus and Malta and from 1 November 1995 to 31
October 2004 for Slovenia. The declaration shall be
accompanied by documents proving to the satisfaction
of the Member State that:

— either the planting or part thereof was carried out
before 31 December 2001 in the case of Cyprus
and Malta or before 1 May 1998 in the case of
Slovenia,

— or the planting accompanied by grubbing as referred
to in the second indent of the first subparagraph was
carried out after 31 December 2001 and before 1
November 2004 in the case of Cyprus and Malta, or
after 1 May 1998 and before 1 November 2004 in
the case of Slovenia.’;

— the number of additional olive trees planted between 1
November 1999 and 31 October 2000, multiplied by
0,35.

For the 2003/04 marketing year, the average yield per adult
olive tree shall be calculated by dividing the quantity of
virgin olive oil produced, as referred to in Article 12(1)(b),
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 0,90, and

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Official Journal of the European Union

11.8.2004

— the number of additional olive trees planted between 1
November 1998 and 31 October 1999, multiplied by
0,70, and

— the number of olive trees in production planted between
1 November 1999 and 31 October 2000, multiplied by
0,35.’;

5.

in the second subparagraph of Article 14(1),
replaced by ‘2004/05’;

‘2003/04’

is

6. Article 27(2) is amended as follows:

(a)

the first subparagraph is replaced by the following:
‘2.
The files referred to in paragraph 1, with the
shall
exception of
allow direct and immediate consultation of the data of
the current and four previous marketing years, except in
the case of Cyprus, Malta and Slovenia, for which the
data shall relate to the 2004/05 marketing year only.’;

reference database,

the graphical

(b) in the fourth subparagraph, the first sentence is replaced

the files

by the following:
‘Without prejudice to the checks to be carried out,
in
particular cross-checks between files, and the results to
be notified,
the
historical data available for the marketing years prior
to those referred to in the first subparagraph and, from
31 October 2001 at the latest, except in the case of
Cyprus, Malta and Slovenia, for which the date shall be
1 November 2004, shall allow the information contained
in them:’;

shall contain archives of

7. Article 29(1) shall be replaced by the following:

‘1. Where there is insufficient proof or where there is
doubt, the Member States shall conduct on-the-spot checks
of declarations as provided for in Article 5(1) before 1
November 1999, except in the case of Cyprus, Malta and
Slovenia, for which the date shall be 1 June 2005.

Planting and grubbing operations carried out in the period
from 1 May to 31 October 1998, except in the case of
Cyprus and Malta, for which the period concerned shall be
from 31 December 2001 to 31 October 2004, shall be
the information to be
determined on the basis of all
supplied by the growers, at the request of the competent
agency of the Member State, and of the situation found on
the spot, particularly as regards the size of trees. Once all the
checks have been made, growers shall be given the benefit of
the doubt.’;

8. the third indent in the second subparagraph of Article 30(1)

is replaced by the following:

‘— 20 % from 2000/01 to 2004/05.’;

9. the third paragraph 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, and before 1 June
of the 2004/05 marketing year, 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
along with a brief
consideration,
assessment of the control arrangements set up and any diffi-
culties encountered.’.

Article 2

In Article 1(2) of Regulation (EC) No 2768/98,
2004’ is replaced by ‘31 October 2005’.

‘31 October

Article 3

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, 10 August 2004.

For the Commission

Franz FISCHLER
Member of the Commission