CELEX: 51980PC0511
Language: en
Date: 1980-09-11
Title: PROPOSAL FOR A COUNCIL REGULATION (EEC) LAYING DOWN GENERAL RULES IN RESPECT OF PRODUCTION AID FOR OLIVE OIL FOR THE 1980/81 MARKETING YEAR (presented by the Commission to the Council)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (80) 511
Vol. 1980/0169
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                             COM(80)511 final
                         s, .   t.
                                            Brussels . 11th September 1980
                                                '
                              4                 :
                  PROPOSAL FOR A COUNCIL REGULATION    ( EEC )
          LAYING DOWN GENERAL RULES IN RESPECT OF PRODUCTION AID
                FOR OLIVE OIL FOR THE 1980 / 81 MARKETING YEAR
               ( presented by the Commission to the Council )
 COM ( 80 ) 511 final
 ---pagebreak---                       EXPLANATORY MEMORANDUM
This draft Regulation lays down general rules in respect of production aid
for olive oil" for the 1980/ 81 marketing year .
For the greater part , this draft Regulation re-states the general rules
applicable in this area for the 1979 / 8Q marketing year , although it
specifies the checks which must be carried out by producer organizations
and by Member States . Thus it is envisaged that the checks will
relate more particularly to the stock records of mills .
It is also envisaged tjhat , as from the 1981/82 marketing year , mills ,
will be subject to a system of approval .
 ---pagebreak---                                                  fjfjspasiU fay
                                COUNCIL REGULATION (EEC )
           laying down general rules in respect of production aid for
                            olive oil for the 1980/ 81 marketing year
           ■ "" " 1,1 - 1    '■     !■ ■"   K       MI .. III."--I . -I. .–     I ■
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
Having regard to the Treaty establishing the European Economic Community ,
Having regard to Council Regulation No 136/ 66/EEC of 22 September 1966 on
the establishment of a common organization of the market in oils and
fats ^\ as last amended by Regulation (EEC) No 1917/80^\ and in
particular Articles 5(4 ) and 36 thereof ,
Having regard to the proposal from the Commission ,
Whereas Article 5 of Regulation No 136/ 66/EEC introduced a system of production
aid for olive oil ; whereas , for the 1980/ 81 marketing year , this aid is
granted on the basis of the quantity of oil actually produced to growers who
are members of the organizations specified by Council Regulation (EEC )
No      / 80 of                    ( 3 ) while , for other growers , it is granted on the
basis of the number and production potential of olive trees and of the yields
of such trees , as determined according to a standard method , and provided that
the olives produced have actually been harvested ;
Whereas , since there exists no register of olive cultivation , it is not
possible to define the production potential of olive trees ; whereas ,
therefore , pending the compilation of such a register , it is appropriate
to calculate aid for growers who are not members of a producer organization
on the basis of the average yields of olive trees ;
Whereas , in order to ensure the proper functioning of the system of aid , it
is necessary to determine the types of olive oil in respect of which aid is
granted ; whereas , in order to simplify the application of the system of
aid with regard to olive residue oil , it should be provided that the
quantity of oil eligible for aid will be determined as a general rule on
the basis of the production of pressed oil ;                                  •
Whereas the aid in question               is of considerable advantage to oil producers
and                       represents a    financial burden on the Community ; whereas , in
order to guarantee that the               aid will be granted only in respect of oil
which may qualify therefor>                it is necessary to provide for a system of
appropriate administrative checks ;                                         -        ,
 ( 1 ) 0J Mo 1 71 , 30.9 ,, 1966, p. 3025 / 66 ,
 (2 ) 0J No L 186/. 19.7.1980, . p. 1 .
 ( 3 ) 0J Mo L
 ---pagebreak---                                        2
Whereas the carrying out of such checks should initially be based on a              •
system of crop declarations ;
Whereas , in order to facilitate checks on the entitlement to aid on the part of
members of producer organizations , it should be provided that such
organizations should submit a single crop declaration for all their
members , after verification of the data relating to the holdings of a
percentage to be determined of their members ; ( whereas , for the same    -
purpose , they should submit a single application for aid in respect of
those of their members who have produced oil over a given period ;
whereas , in order to ensure the proper functioning of the system of aid , it
should be made possible to pay such organizations advances on the aid as
soon as the application for aid has been submitted ;                              \
Whereas , in order that the entitlement to aid of members of producer
organizations may be checked , it is necessary that the latter should verify '
the quantities of oil in respect of which aid is applied for by each of
their members , taking as a basis both their crop declaration and the stock
records of mills ;
Whereas , in order to ensure that the checks are effective , it should be
provided that the stock records of mills should be kept in a uniform manner ;
whereas , for the same purpose , it is necessary to subject a representative
number of mills to the checks on producer organizations ;
Whereas , in order to ensure the proper functioning of the system of          v .
production aid , it is planned to set up a system of approval for mills as
from the 1981 / 82 marketing year ; whereas , for the purposes of approving
mills at the beginning of the aforementioned marketing year , the mills
concerned should fulfil a number of conditions during the 1980/ 81 marketing
year ,
HAS ADOPTED THIS REGULATION :
                               / -
 ---pagebreak---                                       Article 1
For the 1980/ 81 marketing year , the general rules laid down in the
following Articles shall afrply for the granting of olive oil production
aid , as referred to in Article 5 of Regulation No 136/ 66/EEC .
                                      Article 2
Production aid shall be granted in respect of olive oil meeting the
specifications appearing in points 1 and 4 of the Annex to Regulation No
136/ 66/EEC .
           ■                          Article 3
1.    Each grower shall submit , by a date to be specified , a crop declaration
      showing :
             particulars relating to olive trees grown and their location ,
             a declaration stating that he has harvested the olives in the
             current marketing year ,
                                                                                 /
             details of the purpose for which the olives are intended .
      Where growers are members of a producer organization as referred to in
      Article 1 of Regulation No        / 80 , that organization shall submit a
      single crop declaration for all its members , after checking the crop
      declaration of a percentage to be determined of growers who are
      members of the organization .
                                                                '
      For the purposes        this Regulation , "grower" shall mean any
      producer of olives intended for the production of oil .
                                      Article 4
Production aid shall be granted on application by each party concerned in
the Member State in which the oil has been produced .                         ,
In the case of growers who are not members of a producer organization , the
crop declaration submitted by each one of them shall be deemed to be
equivalent to an application for aid .
In the case of growers who are members of a producer organization , that
organization shall submit every month a single application for aid for all
members who have completed their oil production,               provided that the
checks referred to in Article 5 have been carried out .        In the case of
growers who are members of a producer organization who have sold their
production of olives , the application for production aid may not relate to
the quantity of oil produced unless that quantity can actually be determined .
 ---pagebreak---                                       - 4 -
                                    Article 5
1.   Before making out the application for aid , each producer organization
     shall verify the quantity of olive oil in respect of which aid is
     applied for by each of its members . For the purposes of such
     verificationj the organization shall check in particular :
     -     that the production of olives declared by each grower as having
           been pressed corresponds with the particulars given on his crop
           declaration ;
         . that the particulars supplied by growers relating to the
           quantities of olives pressed and the quantities of oil obtained
           tallies with the quantities of olives and oil stated in the stock
           records of mills .   -
2.   Where the particulars referred to in the first indent of paragraph 1
     appear not to tally , the producer organization shall require , where
 ' ! appropriate , ali necessary supporting documents .                        K
                       I   .      ·     ·
     If an examination of such documents does not enable the producer
     organization to establish the quantity of olives produced , the file
     relating to the grower concerned shall be forwarded to the Member State .
     Where the particulars referred to in the second indent of paragraph 1
     appear not to tally , the producer organization shall forward the growers
     file to the Member State .
                                    Article 6
The producer Member State shall be authorized to pay to producer organizations ,
as soon as the application for aid has been submitted , an advance not
exceeding 70% of the amount of aid applied for .
                                    Article 7
1.   Each producer organization shall regularly check the activity and •
     stock records of the mills indicated        to them by the Member State
     concerned . The mills shall be chosen by the Member State concerned
     and must be representative of the pressing capacity of a given
     production zone .
     The mills to be checked shall be divided up among producer organizations
     with account being taken of the extent to which their members are repre­
     sentative of the total number of growers who have had their olive production
     pressed in the mills chosen .
2.   Each producer organization shall inform the Member State concerned of
     the results of the checks referred to in the first paragraph .
                                    Article 8
1.   Each producer Member $tate shall set up a system of administrative
     checks ensuring that the product in respect of which aid is applied
     for is eligible for such aid .                     ,
 ---pagebreak--- 2.   Producer Member States shall verify the activity of each producer
     organization and , in particular , the checking operations carried out
     pursuant to Articles 5 and 7 .
3.   With regard to the olive oil referred to at point 1 of the Annex to
     Regulation No 136/ 66/EEC and produced by growers who are not members of
     a producer organization , the check shall be carried out by random
     sampling on the spot , and must make it possible to verify :
             that the crop declarations are accurate ,
             that the olive harvest has been completed ,
             that the olives harvested are to be used for the production of
             oil and , if possible , that such olives have actually been
             processed into oil .
4.   The checks referred to in paragraph 3 shall relate to a percentage of
     growers to be determined /         account being taken in particular of the
                                            -           \          '             . •
     size of holdings .
                                      Article 9
Producer Member States shall require mills to keep standardized stock
records meeting criteria to be laid down .
The Member States concerned shall verify that the stock records are kept in
conformity with the criteria in question .
                                     Article 10
1.   The producer Member State shall determine the quantity of olive oil
     eligible for aid on the basis of the applications submitted in accordance
     with the provisions of Article 4 .
2.   The Member State shall determine the quantity of olive oil eligible
     for aid in the case of associated producers whose files have been forwarded
     to it by producer organizations in accordance with the provisions of
     Article 5(2 ) .
     For this purpose , it shall take account of the olive and oil yields
     fixed in accordance with the provisions of Article 11 .
3.   jjttiere the checks referred to in Articles 7 and 9 do not enable the
     figures appearing, in the stock records of a mill to be confirmed , the
     Member State concerned , without prejudice to any sanctions applicable
     to the mill in question , shall determine the quantity of oil eligible
     for aid in the case of each producer who is a member of an organization
     which has had its olive production pressed in the mill in question .
4.   Moreover , with regard to the olive oil referred to at point 4 of the
     Annex to Regulation No 136/ 66/EEC , the quantity eligible for aid shall
     be determined on the basis of the oil production referred to at point
      1 of the said Annex .
 ---pagebreak---                                       - 6 -
                                   Article 11
The olive and oil yields referred to'- in the second indent of Article 5(2 )
of Regulation No 136/ 66/EEC shall be fixed in respect of each homogeneous
production zone on the basis of the figures supplied by producer Member
States by .                 at the Latest .
                             I     Article 12
Without prejudice to other criteria for approval to be laid down for the
1981 / 82 marketing year , each mill which has carried out operations during
the 1980/ 81 marketing year must , in the course of that marketing year :
       have kept stock records conforming to the criteria to be specified
       pursuant to Article 9 ,
       have forwarded to the Member State by 31 December 1980 all' such information
       as will enable its pressing capacity to be determined ,
       have    undergone .       the checks provided for .in this Regulation .
                                   Article 13
Member States shall communicate to the Commission the measures which they
                                                                           0
envisage taking for the purpose of applying this Regulation .     >
                                   Article 14
This Regulation shall enter into force on the third day following that of
its publication in the Official Journal of the European Communities .
This Regulation shall be finding in its entirety and directly applicable in
all Member States.'
                                      \
Done at                                              For the Council
 ---pagebreak---                     FINANCIAL                STATEMENT
                                                                                 o.te :        18 -.8 - 1980
       BUOGST HEADING :                 6310                                    APPROPRIATIONS :    323 m EUA
   2. TITLE !      Draft Council Regulation laying down general rules in respect of produc­
                   tion aid forolive oil for the 1980 / 81 marketing year-
   3 . LEGAL BASIS
                               Article 36 of Council Reaulation No 136 / 66 / EEC .
   4 . AIMS OF PROJECT :
                              General rules governing the amdinistration of production aid for
             olive oil for the 1.980/81 marketing year-
   5 . FINANCIAL IMPLICATIONS                  PERIOD Of 12 MONTHS CURRENT FINANCIAL TEAR   FOLLOWING . FINANCIAL YEAR
                                                                          <         )             I           )
   5.0 EKPEMIT L'RE
         - CAVÍÃN-Í   0 THE " EU0GET      '
           (» fibfjW INTERVENTIONS )             taken entry         taken entry                  taken entry
       . - NATIONAL ADMINISTRATION
         - OTHER
   5.1 RECEIPTS
         - OWN RESOURCES Of THE EC
         , ( LEVIES/ CUSTOMS DUTIES )
         - NATIONAL         .         '
                                                                                                                    \
1 5.0.1 ESTIMATED EXPENDITURE
1 5.1.1 ESTIMATED RECEIPTS                                                   •
                                                                                          Λ
   3.2 " CTKOO OF CALCULATION
   6.0 CAN THE PROJECT 9E FINANCED FROM APPROPRIATIONS ENTERED IN THE RELEVANT CHAPTER OF THE CURRENT BUDGET ?
                                                                                                                  YES / BH
   siP3n.?a?i.W3=Ti?^i?33.iöaflMiiaii3saeft
                                                                                                                  ■PUS« I
                                                                                                                  BSÍTSB
  aesERvATic-.i :             This draft Regulation re-states the rules applicable in this
  . matter during the previous marketing year by making certain clarifications with
     regard to the checks to be carried out-