Commission Regulation (EC) No 867/2008 of 3 September 2008 laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 as regards operators’ organisations in the olive sector, their work programmes and the financing thereof
Date: 2008-09-03
Institutions: European Commission
Subjects: EU financing, action programme, aid to agriculture, eligibility criteria, olive-growing, producer organisation, production aid

4.9.2008

EN

Official Journal of the European Union

L 237/5

COMMISSION REGULATION (EC) No 867/2008

of 3 September 2008

laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 as regards
operators’ organisations in the olive sector, their work programmes and the financing thereof

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(4)

Having regard to the Treaty
Community,

establishing the European

Having regard to Council Regulation (EC) No 1234/2007 of
22 October 2007 establishing a common organisation of agri­
cultural markets and on specific provisions for certain agri­
cultural products (Single CMO Regulation) (1), and in particular
the third subparagraph of Article 103(2) in conjunction with
Article 4 thereof,

Whereas:

(1)

(2)

(3)

In accordance with Article 201(1)(c) of Regulation (EC)
No 1234/2007, 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 Regu­
lation (EEC) No 827/68 (2) shall be repealed as from
1 July 2008. Given the numerous references to specific
dispositions of Regulation (EC) No 865/2004 in
Commission Regulation (EC) No 2080/2005 (3), which
lays down detailed rules for the application of Regulation
(EC) No 865/2004, and in the interest of clarity and
rationalisation, Regulation (EC) No 2080/2005 should
be repealed and replaced by a new Regulation specifying
the new legal basis and containing reference to the
correct basic dispositions. The new Regulation should
also include
are deemed
necessary after the experience gained in two years of
implementation of work programmes.

certain amendments

that

To ensure that approved operators’ organisations are
effective, approval should relate to the various categories
of operators having a major impact in the olive oil or
table olives sectors, while ensuring that those organi­
sations
certain
can
minimum conditions
to obtain
economically significant results.

compliance with

guarantee

sufficient

that

are

organisations

To allow producer Member States to implement admin­
approved
istrative management of
operators’
the
procedures and time limits for the approval of such
organisations,
selecting their work
programmes, the arrangements for paying Community
financing and the allocation thereof should be laid down.

system of
olive

the
in the

criteria

sector,

the

for

(1) OJ L 299, 16.11.2007, p. 1.
(2) OJ L 161, 30.4.2004, p. 97. Corrected by OJ L 206, 9.6.2004,

p. 37.

(3) OJ L 333, 20.12.2005, p. 8.

(5)

(6)

(7)

Under Article 110i(4) of Council Regulation (EC) No
1782/2003 (4), which establishes common rules
for
direct support schemes under the common agricultural
policy and certain support schemes for farmers, Member
the olive oil
States may withhold up to 10 % of
component
ceiling referred to in
Article 41 thereof to provide Community financing for
the work programmes drawn up by approved operators’
organisations in one or more of the areas referred to in
Article 103(1) of Regulation (EC) No 1234/2007.

in the national

In accordance with the common rules on financing direct
support schemes, and to allow the use of the amounts
available by Member State,
the annual expenditure
the work
intended
programmes should not exceed the annual amounts
withheld by the Member States in accordance with
Article 110i(4) of Regulation (EC) No 1782/2003.

implementation

the

for

of

the

types

operators’

organisations,

To ensure overall consistency between the activities of
approved
of
measures that are eligible for Community financing and
those that are ineligible should be laid down. The
arrangements for the submission of
the programmes
and the selection criteria for those programmes should
also be laid down. Given the enhanced efficiency of
modern technology, it would be opportune to consider
the storage or processing improvements
as eligible,
increase of
in an indirect
which may also result
capacity.
should,
States
The Member
however, be allowed to lay down additional eligibility
conditions so as to gear measures more closely to the
national situation in the olive sector.

concerned

the very least

the Community financing
In the light of experience,
for the
thresholds should be fixed at
areas of improving the environmental
impact of olive
cultivation and traceability, certification and protection,
under the authority of the national administrations, of
the quality of olive oil and table olives by means of
quality control on the olive oils
sold to the final
consumer so as to ensure implementation of at least a
certain number of measures in sensitive priority areas. To
take
the
relevant threshold for the area of improving the environ­
mental impact of olive cultivation should be adapted in
order to reflect the evolution in this area. In view of the
work programmes concerned and in order to facilitate
their implementation, it is appropriate to provide for an
increased percentage of overheads.

into consideration the

experience gained,

(4) OJ L 270, 21.10.2003, p. 1.

L 237/6

EN

Official Journal of the European Union

4.9.2008

(8)

(9)

(10)

(11)

and

approval,

To ensure that the work programmes are implemented
within the given time periods and in accordance with
Article 103(1) of Regulation (EC) No 1234/2007, and
the
to ensure efficient administrative management of
system of approved operators’ organisations
in the
the procedures should be laid down for
olive sector,
applications
selection and
for
approval of work programmes. For the selection of the
work programmes, Member States should also consider
the evaluation of programmes carried out by operators’
organisations in the framework of this Regulation, of
Commission Regulation (EC) No 1334/2002 of 23 July
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 years 2002/03, 2003/04 and
2004/05 (1) and of Regulation (EC) No 2080/2005.

the

To guarantee the good and complete execution of the
approved work programmes,
it would be essential to
increase the amount of the bank security linked to the
application approval, and to allow its release only after
the successful completion of the entire work programme.

to lay down the

the financing available by
To allow correct use of
Member State, provision should be made for an annual
amendment of the work programmes approved for the
following year, to take into account any duly justified
changes over
the initial conditions. Member States
conditions
should also be able
required to amend the work programmes and redistribute
the amounts allocated without exceeding the annual
amounts withheld by the producer Member States
to Article 110i(4) of Regulation (EC) No
pursuant
1782/2003. For the case of programme amendments
requested by operators’ organisations, and in order to
allow flexibility
the work
application of
programmes,
it would be opportune to shorten the
required advance notice to be given to the competent
authorities.

in the

To allow work to commence in good time, operators’
organisations should be able to receive a maximum
advance of 90 % of the eligible annual expenditure for
the approved work programme, subject to the lodging of
a security under the terms laid down by Commission
Regulation (EEC) No 2220/85 of 22 July 1985 laying
down common detailed rules for the application of the
for agricultural products (2). To
system of
facilitate and speed up the execution of
the work
programmes, it would be appropriate to set up a more
balanced distribution of the amount of the advances.

securities

(12)

the work
In order to increase the overall
programmes carried out in the area of market follow-

impact of

(1) OJ L 195, 24.7.2002, p. 16. Regulation repealed by Regulation (EC)

No 2080/2005.

(2) OJ L 205, 3.8.1985, p. 5.

up and administrative management in the olive oil and
table olives sector, it should be provided for operators’
organisations and Member States to publish on their
Internet sites the results of
the measures undertaken
thereof.

(13)

Provision

For the purposes of proper management of the rules on
operators’ organisations in the olive sector, the Member
States concerned should draw up a control plan and
for any irregularities
specify a system of penalties
for
committed.
be made
also
should
operators’ organisations to notify the results of
their
work to the national authorities in the Member States
to the
results
concerned and to transmit
Commission.
the cut-off date given to
operators’ organisations to present their financing appli­
cations and to Member States to conclude the necessary
checks, a new deadline for a Member States communi­
cation should be fixed.

In view of

those

(14)

The measures provided for in this Regulation are in
the Management
accordance with the opinion of
Committee for the Common Organisation of Agricultural
Markets,

HAS ADOPTED THIS REGULATION:

Article 1

Scope

This Regulation lays down detailed rules for the application of
Articles 103 and 125 of Regulation (EC) No 1234/2007 as
regards the approval of operators’ organisations, the measures
that are eligible for Community financing, the approval of work
programmes,
implementation of approved work
programmes.

and the

Article 2

Conditions for approving operators’ organisations in the
olive sector

shall approve operators’ organisations
1. Member States
eligible for Community financing of work programmes as
referred to in Article 103 of Regulation (EC) No 1234/2007.

2. Member States shall draw up the conditions for approval,
which shall include at least the following:

(a) producer organisations shall be composed exclusively of
olive producers who are not members of any other
approved producer organisation;

(b) associations of producer organisations shall be composed
exclusively of approved producer organisations which are
not part of another approved association of producer orga­
nisations;

4.9.2008

EN

Official Journal of the European Union

L 237/7

(c) other operators’ organisations shall be composed exclusively
of operators in the olive sector who are not part of another
approved operators’ organisation;

Approval

shall be rejected,

suspended or withdrawn
3.
immediately if the operators’ organisation does not meet the
conditions referred to in Article 2(2).

(d) interbranch organisations

a broad and
balanced representation of all economic activities linked to
the production and processing of, and trade in, olive oil
and/or table olives;

shall provide

Nevertheless, the operators’ organisation shall retain the
4.
rights which devolve from its approval until the moment that
its approval is withdrawn, provided that it acted in good faith as
regards
referred to in
Article 2(2).

conformity with the

conditions

(e)

the operators’ organisation shall be in a position to submit a
work programme for at least one of the areas of measures
(d) and (e) of the first
(b),
referred to in points (a),
subparagraph of Article 5(1);

(c),

(f)

the operators’ organisation shall undertake to submit to the
checks provided for in Article 14 of this Regulation.

Where approval is withdrawn because the operators’ organisa­
tion has failed deliberately or as a result of serious negligence to
referred to in
comply with the conditions
Article 2(2),
take
effect from the date from which the conditions for approval
are no longer being fulfilled.

the decision to withdraw approval shall

for approval

In evaluating the applications for approval submitted by
in

3.
operators’ organisations, Member States
particular the following aspects:

consider

shall

(a)

the specific features of the olive sector in each regional area
defined by the Member States (hereinafter regional area);

(b) consumer interests and market balance;

(c)

improving the production quality of olive oil and table
olives;

(d) an assessment of the effectiveness of the work programmes

submitted.

Article 3

Procedure for approving operators’ organisations in the
olive sector

For the purposes of approval, operators’ organisations in
1.
the olive sector must lodge, by a date to be determined by the
Member State but no later than 15 February of each year, an
application demonstrating that they meet the conditions laid
down in Article 2(2).

The application for approval shall be drawn up in accordance
with a model provided by the competent authority in the
Member State in order to be able to monitor compliance
with the conditions provided for
It shall
include elements allowing the identification of each member
of the operators’ organisation.

in Article 2(2).

2.
No later than 1 April of each year of implementation of
the approved work programme, the operators’ organisation shall
be approved by the Member State and shall receive an approval
number.

Approval

5.
immediately if the operators’ organisation:

shall be rejected,

suspended or withdrawn

(a) has been penalised for infringing the production aid scheme
the

provided for
Council (1) in the 2002/03 to 2004/05 marketing years;

in Regulation No 136/66/EEC of

(b) has been penalised for infringing the scheme to fund the
activities of operators’ organisations provided for in Council
Regulation (EC) No 1638/98 (2) in the 2002/03 to 2004/05
marketing years.

Operators’ organisations which have been approved by the
6.
Member State under Regulation (EC) No 1334/2002 and/or
have
the work programmes of
operators’ organisations in the marketing years from 2002/03
to 2004/05 may be deemed approved under this Regulation if
they meet the conditions referred to in Article 2(2).

received financing

for

Article 4

Community financing

The

annual Community

1.
the work
programmes of operators’ organisations shall be provided up
to the amount withheld in accordance with Article 110i(4) of
Regulation (EC) No 1782/2003.

financing

for

Member States shall ensure that the annual expenditure for the
implementation of approved work programmes does not exceed
the amount referred to in the first subparagraph.

2. Member States shall ensure that the Community financing
is allocated proportionately over the period provided for in
Article 8(1).

(1) OJ 172, 30.9.1966, p. 3025/66.
(2) OJ L 210, 28.7.1998, p. 32.

L 237/8

EN

Official Journal of the European Union

4.9.2008

Article 5

Measures eligible for Community financing

1.
The measures eligible for Community financing under
Article 103(1) of Regulation (EC) No 1234/2007 (hereinafter
referred to as eligible measures) shall be as follows:

(a)

in the
management in the olive oil and table olives sector:

area of market

follow-up and administrative

(i) collecting data on the sector and the market,

accordance with specifications
geographical
representativeness
down by the competent national authority;

in
relating to method,
precision laid
and

(ii) drawing up studies, in particular on subjects linked to
the other activities provided for in the work programme
of the operators’ organisation concerned;

(b) in the area of improving the environmental impacts of olive

cultivation:

at

risk of

abandonment,

(i) collective operations to maintain olive groves of high
environmental value
in
conformity with specified conditions, on the basis of
objective criteria, by the competent national authority
in particular concerning the regional areas which may
be eligible and the area and minimum number of olive
oil producers who must be involved to make the
operations in question effective;

to processing,

in accordance with the
olives prior
technical specifications laid down by the competent
national authority;

(ii) varietal

improvement of olive groves on individual
holdings, provided that they contribute to the objectives
of the work programmes;

(iii) improving conditions

for

storage and use of

the

residues of olive oil and table olive production;

(iv) technical assistance to the olive oil processing industry
covering aspects linked to the quality of products;

(v) setting up and improving laboratories for the analysis

of virgin olive oils;

(vi) training tasters to carry out organoleptic checks on

virgin olive oils;

(d) in the area of traceability, certification and protection, under
the authority of the national administrations, of the quality
of olive oil and table olives by means of quality control on
the olive oils sold to the final consumer:

(i) setting up and managing systems allowing products to
be traced from the olive grower through to packaging
and labelling, in accordance with specifications set out
by the competent national authority;

(ii) developing good agricultural practice in olive growing,
based on environmental
criteria adapted to local
conditions, its dissemination among olive growers and
following up its practical application;

(ii) setting up and managing quality certification systems,
based on a system of risk analysis and checks on critical
points, which is in conformity with technical criteria
adopted by the competent national authority;

(iii) practical demonstrations of alternatives to chemical

products for controlling olive fly;

(iv) practical demonstrations of olive-growing techniques
geared towards environmental protection and stew­
ardship of the countryside, such as organic farming,
low-input farming, integrated farming, etc.;

(v) adding environmental data to the geographic infor­
mation system for olive cultivation (olive GIS) referred
to in Article 20 of Regulation (EC) No 1782/2003;

(c)

in the area of improving the production quality of olive oil
and table olives:

(i) improving

in particular
for
controlling olive fly, harvesting, delivering and storing

conditions

growing,

(iii) setting

up

systems

and managing

to monitor
compliance with norms attesting to the authenticity,
quality and marketing of the olive oil and table olives
placed on the market, in accordance with the technical
specifications laid down by the competent national
authority;

(e)

in the area of disseminating information on measures
carried out by operators’ organisations to improve the
quality of olive oil and table olives:

(i) disseminating information on the work carried out by
operators’ organisations in the areas referred to in points
(a), (b), (c) and (d);

(ii) setting up and maintaining an Internet site on measures
carried out by operators’ organisations in the areas
referred to in points (a), (b), (c) and (d).

4.9.2008

EN

Official Journal of the European Union

L 237/9

As regards the measure provided for in point (c)(ii) of the first
subparagraph, Member States shall ensure that appropriate
provisions are made in order to recover the investment or its
residual value if the member leaves the operators’ organisation.

to refuse any financing under another
and their members,
Community or national aid scheme for measures which are
actually financed under Article 103 of Regulation (EC)
No 1234/2007.

2. Member States may adopt additional conditions specifying
the eligible measures, provided that these do not render their
presentation or implementation impossible.

In the implementation of

3.
the measures referred to in
Article 5, costs incurred as a result of the following shall not
be eligible for Community financing:

Article 6

Allocation of Community financing

(a) reimbursement (including in the form of annual payments)
of loans taken out for a measure carried out in full or in
part before the beginning of the work programme;

In each Member State a minimum percentage of 25 % of the
amount of Community financing available under Article 103 of
Regulation (EC) No 1234/2007 shall be allocated to the area
referred to in point (b) of the first subparagraph of Article 5(1),
that Community
and a minimum percentage of 12 % of
financing shall be allocated to the area referred to in point (d)
of the first subparagraph of Article 5(1).

If the minimum percentage referred to in the first subparagraph
cannot be fully used in the areas of measures mentioned
therein, the amounts which have not been used may not be
allocated to other areas of measures but shall be returned to the
Community budget.

(b) payments

to operators participating in meetings

and

training programmes, to compensate for loss of income;

(c) expenditure relating to administrative and personnel costs
incurred by Member States and beneficiaries of aid from the
EAGF;

(d) the purchase of land which has not been built on;

(e)

the purchase of second-hand equipment;

Activities and costs ineligible for Community financing

(f) expenditure linked to leasing contracts,

including taxes,

interest and insurance costs;

Article 7

The

following

1.
for
Community financing under Article 103 of Regulation (EC)
No 1234/2007:

shall not be

activities

eligible

(g) hire as an alternative to purchase, and the operating costs of

the goods hired.

(a) activities which are in receipt of Community financing other
than that provided for in Article 103 of Regulation (EC)
No 1234/2007;

4. Member States may adopt additional conditions giving
further details of the ineligible activities and costs referred to
in paragraphs 1 and 3.

(b) activities aiming at a direct increase in production, storage

or processing capacity;

Article 8

(c) activities linked to the purchase or storage of olive oil or

table olives or having an impact on their prices;

(d) activities linked to the commercial promotion of olive oil or

table olives;

(e) activities linked to scientific research;

(f) activities

that could distort competition in the other

economic activities of the operators’ organisation.

Work programmes and applications for approval

1.
The work programmes eligible for Community financing
under Article 103(1) of Regulation (EC) No 1234/2007 shall be
carried out over a maximum period of three years. The first
period shall begin on 1 April 2006. The following periods shall
begin every three years on 1 April.

Each operators’ organisation approved under this Regu­
2.
lation may lodge an application for approval for one single
work programme by a date to be determined by the Member
State but no later than 15 February of each year.

The application for approval
elements:

shall contain the following

To ensure compliance with paragraph 1(a), operators’
2.
organisations shall undertake in writing, on behalf of themselves

(a) details of the operators’ organisation in question;

L 237/10

EN

Official Journal of the European Union

4.9.2008

(b) information on the selection criteria provided for

in

Article 9(1);

(b) the financial credibility and the sufficiency of the financial
resources of the operators’ organisation concerned for the
purposes of implementing the proposed measures;

(c) a description and justification of each proposed measure,

and a timetable;

(d) the planned expenditure, broken down by measure and by
area of measures, as referred to in Article 5, with details for
each 12-month period from the date of approval of the
work programme, distinguishing the overheads, which
may not exceed 7 % of
the total, and the other main
types of costs;

(e)

the financing plan by area of measures referred to in
each 12-month period
Article 5, with details
for
the work
approval of
maximum from the date of
programme,
the Community
financing applied for and, where appropriate, the financial
contributions from operators and the national contribution;

in particular

indicating

(c)

the size of
programme;

the regional area involved in the work

(d) the divergent economic situations in the regional area
in the work

involved which are taken into account
programme;

(e)

the existence of several areas of measures and the size of the
financial contribution from the operators;

(f)

the quantitative and qualitative efficiency indicators allowing
interim evaluation in the course of implementation, and ex
post evaluation of the programme drawn up by the Member
State;

(f)

the description of the quantitative and qualitative efficiency
indicators allowing interim evaluation in the course of
implementation, and ex post evaluation of the programme
on the basis of general principles laid down by the Member
State;

(g) the evaluation of work programmes which may have been
previously carried out by the operators’ organisation in the
framework of this Regulation or of Regulations (EC) No
1334/2002 or (EC) No 2080/2005.

(g) proof that a security in accordance with Regulation (EEC)
No 2220/85 for an amount equivalent to at least 10 % of
the requested Community financing has been lodged;

Member States shall take account of the distribution of appli­
cations among the different types of operators’ organisations in
each regional area.

(h) an application for an advance under Article 11;

(i)

the declaration provided for in Article 7(2);

2. Member States shall reject any work programmes that are
incomplete or contain inaccurate information, or include any of
the ineligible activities provided for in Article 7.

(j)

for interbranch organisations and associations of producer
the operators’ organisations
organisations,
details of
responsible for the actual
implementation of the subcon­
tracted measures in their programmes;

No later than 15 March of each year, Member States shall
3.
inform operators’ organisations which work programmes have
been approved and, where
to which work
programmes they have granted the corresponding national
financing.

applicable,

(k) for operators’ organisations forming part of an association
of producers or of an interbranch organisation, a statement
that the measures provided for in their programmes are not
covered by any other application for Community financing
under this Regulation.

Article 9

Selection and approval of work programmes

1. Member States shall select the work programmes on the
basis of the following criteria:

(a)

the general quality of the programme and its consistency
with the goals and priorities of
the olive sector in the
regional area concerned, as laid down by the Member State;

Final approval of a work programme may be made subject to
the incorporation of amendments judged necessary by the
the operators’ organisation
Member State.
concerned shall communicate its agreement within 15 days of
the notification of amendments.

In this

case,

Should the proposed work programme not be selected,
security

immediately release

4.
the Member State
referred to in Article 8(2)(g).

shall

the

shall

States

ensure

5. Member
amount of
Community financing is allocated within each category of
operators’ organisation taking account of the value of olive
oil produced or marketed by the members of the operators’
organisation.

that

the

4.9.2008

EN

Official Journal of the European Union

L 237/11

Article 10

Amendments to work programmes

Operators’ organisations may,

1.
in accordance with a
procedure laid down by the Member State, request amendments
to the content and budget of their approved work programme,
provided that this does not involve an overrun on the amount
withheld pursuant
to Article 110i(4) of Regulation (EC)
No 1782/2003.

2.
Requests for amendment to a work programme shall be
accompanied by supporting documents setting out the reasons
for and the nature and implications of the proposed changes.
Such requests shall be submitted by the operators’ organisation
to the competent authority at least three months before the
planned start of implementation of the measure in question.

3. Where operators’ organisations with previously separate
work plans have merged,
they shall operate the plans in
parallel and separately until 1 January of the year following
their work
the merger. These organisations
programmes by means of an application to amend their
respective work programmes, in accordance with paragraphs 1
and 2.

shall merge

Notwithstanding the first subparagraph, the Member States may
authorise the operators’ organisations which so request, for duly
substantiated reasons,
respective work
to implement
programmes without merging them.

their

4.
No later than two months after receiving the amendment
request referred to in paragraph 2, once it has examined the
documents provided, the competent authority in the Member
State shall communicate its decision to the operators’ organisa­
tion concerned. If a decision is not taken within that time limit,
the request shall be deemed to have been accepted.

Should the Community financing obtained by the
in the
their

5.
operators’ organisation be less
approved
programme,
programme to the financing obtained.

than the amount
adapt

beneficiaries may

Article 11

Advances

An operators’ organisation which has lodged the appli­
1.
cation provided for in Article 8(2)(h) shall receive, under the
conditions referred to in paragraph 2 of this Article, a total
advance of a maximum of 90 % of the eligible expenditure
planned for
approved work
programme.

covered by the

each year

A second instalment equivalent to the remaining half of the
amount referred to in paragraph 1 shall be paid after carrying
out the check referred to in paragraph 3.

3. Member States shall check that each instalment of the
advance has actually been spent, before paying the following
instalment.

This check shall be carried out by the Member State on the
basis of the report referred to in Article 13 or on the basis of an
on-the-spot check as referred to in Article 14.

4.
The payments referred to in paragraph 2 shall be subject
to the lodging of a security by the operators’ organisation
concerned in accordance with Regulation (EEC) No 2220/85
of an amount equal to 110 % of the advance requested. The
primary requirement within the meaning of Article 20(2) of that
Regulation is the implementation of the measures listed in the
approved work programme.

release of

5.
By a date to be determined by the Member State but no
later than the end of each year of implementation of the work
programme, the operators’ organisations concerned may lodge
an application for
the security referred to in
paragraph 4 up to an amount equal to half the expenditure
actually carried out. The Member State shall
lay down which
supporting documents shall accompany this application and
check them, and shall release the securities corresponding to
the expenditure concerned no later than in the course of the
second month following that in which the application is lodged.

Article 12

Application for Community financing

1.
For the purposes of payment of the Community financing
under Article 103 of Regulation (EC) No 1234/2007, an
operators’ organisation shall lodge, by a date to be determined
by the Member State but no later than three months after the
end of each year of implementation of its work programme, an
application for financing with the paying agency.

The Member State may pay operators’ organisations the balance
of Community financing corresponding to each year of imple­
mentation of the work programme after checking, on the basis
of the report referred to in Article 13 or on the basis of an on-
the two
the-spot check as referred to in Article 14,
instalments of the advance referred to in Article 11(2) have
actually been spent.

that

2.
Before the end of the month following the month of the
beginning of the implementation of each year of the approved
work programme, the Member State shall pay the operators’
organisation concerned an initial
the
amount referred to in paragraph 1.

instalment of half of

Applications for Community financing submitted after the date
referred to in the first subparagraph shall be inadmissible and
any amounts received in respect of Community financing for
the programme shall be reimbursed in accordance with the
procedure laid down in Article 17.

L 237/12

EN

Official Journal of the European Union

4.9.2008

The application for Community financing shall be drawn
2.
up in accordance with a model provided by the competent
authority in the Member State. To be admissible, the application
shall be accompanied by:

(a) supporting documents proving:

Article 13

Operators’ organisation reports

from 2007, operators’ organisations shall
1. With effect
submit by 1 May of each year annual reports on the implemen­
tation of the work programmes during the previous calendar
year. These reports shall cover the following:

(i) the expenditure effected in the period of implementation
of the work programme (invoices and bank documen­
tation proving that they have been paid);

(a)

the stages of the work programme implemented or being
implemented;

(ii) where appropriate, payment of

butions of
concerned;

the operators

the financial contri­
and the Member State

(b) a summary report comprising the following elements:

(i) a detailed description of the stages of the programme
implemented, broken down by areas of measures as
detailed in Article 5;

(ii) where appropriate, the justification and the financial
repercussions of the gaps between the stages of the
work programme approved by the Member State and
the stages of the work programme actually implemen­
ted;

(iii) an evaluation of the work programme implemented
based on the indicators laid down in Article 8(2)(f).

3.
Applications for financing which do not comply with the
conditions set out in paragraphs 1 and 2 shall be rejected. The
operators’ organisation concerned may lodge a new application
for financing within a period to be laid down by the Member
State.

4.
Applications for expenditure made more than two months
after the end of the period of implementation of the work
programme shall be rejected.

5.
No later than three months after the date of submission of
the application for financing and the supporting documents
referred to in paragraph 2, and once they have carried out
the examination of the supporting documents and the checks
referred to in Article 14, Member States
shall pay the
Community financing that is due and, as appropriate, release
the security referred to in Article 11(4).

The security referred to in Article 8(2)(g) shall be released after
the completion of the entire work programme, the examination
of the supporting documents and the checks referred to in
Article 14.

(b) the main amendments to the work programmes;

(c) an evaluation of the results already obtained based on the

indicators laid down in Article 8(2)(f).

For the final year of implementation of the work programme, a
final report shall replace the reports provided for in the first
subparagraph.

2.
For work programmes with a duration of under one year,
the final report shall be presented no later than two months
after the end of implementation of the programme.

The final report shall evaluate the work programme and

3.
shall comprise at least the following:

(a) an account, based at

least on the indicators set out

in
Article 9(1)(f) and any other relevant criteria, showing to
what extent the objectives pursued by the programmes have
been achieved;

(b) an account of the changes to the work programme;

(c) where appropriate, an indication of the factors to be taken
into account in drawing up the next work programme.

4.
Data collected and studies drawn up in execution of
measures under Article 5(1)(a) shall, upon completion of the
relevant measure, be published on the Internet site of
the
operators’ organisation.

Article 14

On-the-spot checks

1. Member States shall verify that the conditions for granting
regards
Community financing are met,
compliance with the following aspects:

in particular

as

(a) compliance with the approval conditions;

4.9.2008

EN

Official Journal of the European Union

L 237/13

(b) implementation of

the approved work programmes,

in

particular investment measures;

The duration of each on-the-spot check shall correspond
5.
to the degree of progress in implementing the approved work
programme.

(c)

the expenditure actually implemented as compared to the
assistance applied for and the financial contribution by the
olive operators concerned.

Article 15

Inspection reports

2.
The competent authority shall introduce control plans for
on-the-spot checks covering a sample of approved operators’
organisations in accordance with Article 103(3) of Regulation
(EC) No 1234/2007. The competent authority shall select the
sample on the basis of risk analysis in such a way that:

(a) producer organisations and associations

thereof are all
subject to on-the-spot checks at least once after payment
of the advance and before the final payment of Community
financing;

(b) other operators’ organisations and interbranch organisations
are all checked each year during the period of implemen­
tation of each approved work programme, unless they have
benefited from an advance in the course of that year,
in
which case the check will be carried out after the date of
payment of that advance.

If the checks reveal irregularities, the competent authority shall
carry out additional checks during the year in question and shall
increase the number of operators’ organisations to be checked
the following year.

The on-the-spot checks shall be unannounced. However,
3.
in order
to facilitate the practical organisation of checks,
advance warning of no more than 48 hours may be given to
the operators’ organisation to be checked.

The competent authority shall determine which operators’
4.
organisations to check on the basis of a risk analysis based on
the following criteria:

(a)

the amount of financing for the approved work programme;

(b) the nature of
programme;

the measures

financed under

the work

(c)

the degree of progress in implementing work programmes;

Every on-the-spot check shall be the subject of a detailed
inspection report, indicating in particular:

(a)

the date and duration of the check;

(b) a list of those present;

(c) a list of invoices checked;

(d) reference numbers of invoices selected from the accounting
documents (register of sales, or of purchases, and VAT
register in which the selected invoices have been recorded);

(e) bank documents proving payment of the amounts selected;

(f) an indication of the measures already carried out which

have been specifically analysed on-the-spot.

Article 16

Corrections and penalties

approval

the withdrawal of

1. Where
referred to in
Article 3(3) results from the fact that the operators’ organisation
has failed deliberately or by serious negligence to meet its obli­
the operators’ organisation shall be ineligible for
gations,
financing in respect of the entire work programme and shall
also pay the competent authority an amount equal
to the
ineligible amount of financing.

If a given measure has not been implemented in
2.
conformity with a work programme, the operators’ organisation
shall be ineligible for financing for the measure in question.
This exclusion shall not apply if the operators’ organisation
has submitted factually correct information or can show by
any other means that it is not at fault.

The following penalties shall apply to operators’ organi­
3.
sations where irregularities are found in the implementation of
the work programme:

(d) findings made during previous on-the-spot checks or verifi­

cations carried out during the approval procedure;

(a)

in the event of an irregularity caused by negligence, the
operators’ organisation:

(e) other risk criteria to be defined by the Member States.

question;

(i) shall be ineligible for financing for the measure in

L 237/14

EN

Official Journal of the European Union

4.9.2008

(ii) shall also pay the competent authority an amount equal

to the ineligible amount of financing;

(b) in the event of an intentional

irregularity,

including false

declarations, the operators’ organisation:

(i) shall be ineligible for financing in respect of the entire

work programme;

(ii) shall also pay the competent authority an amount equal

to the ineligible amount of financing;

(iii) shall be ineligible for Community financing under
Article 103 of Regulation (EC) No 1234/2007 for the
entire three-year period following that in which the
irregularity was discovered.

Article 18

Communications from the Member States

No later than 31 January 2006 for the first three years’
1.
period beginning on 1 April 2006 and 31 January 2009 for the
second three years’ period to begin on 1 April 2009,
the
Member States producing olive oil shall communicate to the
Commission the national measures implementing this Regu­
lation, and in particular those relating to:

(a)

the conditions for approval of the operators’ organisations
referred to in Article 2(2);

(b) the additional conditions specifying the eligible measures

adopted pursuant to Article 5(2);

(c)

the goals and priorities of the olive sector referred to in
Article 9(1)(a) and the quantitative and qualitative indicators
referred to in Article 9(1)(f);

Amounts resulting from the application of the corrections
4.
or penalties under this Article shall be paid to the responsible
paying agency and deducted by it from expenditure financed by
the European Agricultural Guarantee Fund.

(d) the arrangements for the system of advances referred to in
Article 11 and, where appropriate, the system for paying the
national financing;

Article 17

Recovery of undue payments

(e)

the application of the checks referred to in Article 14 and of
the penalties and corrections provided for in Article 16;

The competent authority in the Member State shall
1.
recover any amount unduly paid plus, where appropriate,
interest calculated in accordance with paragraph 2.

(f)

the period referred to in Article 12(3).

2.

Interest shall be calculated:

No later than 1 May of each year of implementation of
2.
the approved work programme, Member States shall transmit to
the Commission data on:

(a) on the basis of the period elapsing between payment and

reimbursement by the beneficiary;

(a) approved operators’ organisations;

(b) at the rate applied by the European Central Bank to its main
refinancing operations published in the ‘C’ series of the
Official Journal of the European Union and in force on the
date on which the undue payment
is made, plus three
percentage points.

(b) the work programmes and their characteristics, broken
down by type of operators’ organisation, by area of
measures and by regional area;

(c)

the amount of financing allocated to each work programme;

3.
In the case of a measure which is subsequently found to
be ineligible, and which has been implemented in conformity
with an approved work programme, the Member State may
decide to pay the relevant financing due or not to proceed to
the recovery of amounts which have already been paid out, if
such a decision is permitted in comparable cases financed from
the national budget and if the operators’ organisation has not
acted negligently or intentionally.

(d) the planned schedule of Community financing by budget
year for the total period covered by the work programmes.

No later than 20 October of each year of implementation
3.
of
shall
the approved work programmes, Member States
transmit to the Commission a report on the implementation
of this Regulation comprising at least the following information:

4.
The amounts recovered or paid under this Article shall be
paid to the paying agency and deducted from expenditure
financed by the European Agricultural Guarantee Fund.

(a)

the number of work programmes financed, recipients, areas
under olive trees, mills, processing facilities and volumes of
oil and table olives concerned;

4.9.2008

EN

Official Journal of the European Union

L 237/15

(b) the characteristics of the measures developed in each of the

areas of measures;

This advance shall be limited exclusively to the amount

2.
corresponding to that Community financing.

(c) any discrepancy between measures planned and measures
actually carried out, and its implications at the level of
expenditure;

(d) a description and evaluation of results, based in particular
on the evaluations of the work programmes referred to in
Article 12(2)(b)(iii);

(e) statistics on the checks carried out

in accordance with
Articles 14 and 15 and the penalties or corrections
applied in accordance with Article 16;

(f) expenditure by programme and by area of measures, and
financial contri­

the Community, national and operators’
butions.

4.
The communications provided for in this Article shall be
carried out electronically in accordance with the information
provided to the Member States by the Commission.

5.
The competent authorities of Member States shall publish
on their Internet sites all data collected and studies drawn up in
execution of measures under Article 5(1)(a) upon their
completion.

Expenditure resulting from the payment of the advance
3.
provided for in paragraph 2 shall be entered in the accounts as
expenditure incurred from 16 to 31 October 2006.

The competent authorities of Member States shall publish
4.
on their Internet sites all data collected and studies drawn up in
execution of measures under Article 5(1)(a) of Regulation (EC)
No 2080/2005, upon their completion.

Article 20

Repeal

Regulation (EC) No 2080/2005 is repealed.

References to the repealed Regulation shall be construed as
references to this Regulation and shall be read in accordance
with the correlation table in the Annex.

Article 21

Entry into force

Article 19

Transitional provision

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

The Member States may

for

the

first

year of

1.
financing
programme.

advance

the Community
the

implementation of

It shall apply from 1 April 2009. However, Article 19(4) shall
apply from the date of its entry into force.

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

Done at Brussels, 3 September 2008.

For the Commission

Mariann FISCHER BOEL
Member of the Commission

L 237/16

EN

Official Journal of the European Union

4.9.2008

ANNEX

Correlation table referred to in the second paragraph of Article 20

Regulation (EC) No 2080/2005

This Regulation

Article 1

Article 2

Article 3

Article 4

Article 5

Article 6

Article 7

Article 8

Article 1

Article 2

Article 3

Article 4

Article 5

Article 6

Article 7

Article 8

Article 9(1), first subparagraph, points (a) to (f)

Article 9(1), first subparagraph, points (a) to (f)

—

Article 9(1), first subparagraph, point (g)

Article 9(1), second subparagraph

Article 9(1), second subparagraph

Article 9(2) to (5)

Article 10

Article 9(2) to (5)

Article 10

Article 11(1), (2) and (3)

Article 11(1), (2) and (3)

Article 11(4), first subparagraph

Article 11(4), first subparagraph

Article 11(4), second subparagraph

Article 11(5)

Article 12(1) to (4)

Article 12(5)

—

—

Article 11(5)

Article 12(1) to (4)

Article 12(5), first subparagraph

Article 12(5), second subparagraph

Article 13(1), (2) and (3)

Article 13(1), (2) and (3)

—

Article 14(1)

Article 13(4)

Article 14(1)

Article 14(2), first subparagraph, introductory words

Article 14(2), first subparagraph, introductory words

Article 14(2), first and second indents

Article 14(2), points (a) and (b)

Article 14(2), second subparagraph

Article 14(2), second subparagraph

Article 14(3), (4) and (5)

Article 14(3), (4) and (5)

Article 15

Article 16

Article 17

Article 18(1) to (4)

—

Article 15

Article 16

Article 17

Article 18(1) to (4)

Article 18(5)

4.9.2008

EN

Official Journal of the European Union

L 237/17

Regulation (EC) No 2080/2005

This Regulation

Article 19(1) to (3)

—

Article 19(1) to (3)

Article 19(4)

Article 20, first paragraph

Article 20, first paragraph

Article 20, second paragraph

—

—

Article 20, second paragraph

Article 21, first paragraph

Article 21, first paragraph

—

Article 21, second paragraph