CELEX: 31973R3209
Language: en
Date: 1973-11-27 00:00:00
Title: Regulation (EEC) No 3209/73 of the Council of 27 November 1973 on the subsidy for olive oil

28 . II . 73                              Official Journal of the European Communities                         No L 327/ 15
                               REGULATION (EEC) No 3209/73 OF THE COUNCIL
                                                       of 27 November 1973
                                                    on the subsidy for olive oil
THE COUNCIL OF THE EUROPEAN                                         effected on the basis of the production of oil by extrac­
COMMUNITIES,                                                        tion ;
Having regard to the Treaty establishing the European               Whereas, producers' organizations should be set up in
Economic Community ;                                                order to simplify the subsidy system ; whereas the
                                                                     minimum conditions to be satisfied by the organiza­
Having regard to Council Regulation No 136/                         tions before they are recognized by the Member States
66/EEC ( J ) of 22 September 1966 on the establish­                 should be laid down ,
ment of a common organization of the market in oils
and fats, as last amended by Regulation (EEC) No
 1707/73 (2), and in particular Article 10 (2) thereof ;             HAS ADOPTED THIS REGULATION :
Having regard to Council Regulation No 162/
66/EEC (3) of 27 October 1966 on trade in oils and                                          Article 1
fats between the Community and Greece, and in parti­
cular Article 8 thereof ;
                                                                     For the 1973/74 marketing year, the subsidy referred
Having regard to the proposal from the Commission ;                  to in Article 10 of Regulation No 136/66/EEC shall
                                                                    be granted in respect of olive oil falling within the
                                                                     definitions contained under 1 and 4 of the Annex to
Whereas the principles must be laid down under
which the subsidy referred to in Article 10 of Regula­               that Regulation .
tion No 136/66/ EEC will be granted to olive-oil
producers for the 1973/74 marketing year ; whereas,                                         Article 2
moreover, measures should be adopted to ensure that
the subsidy is granted only for olive oil produced in                Before a date to be determined, each producer of
the Community from olives harvested in the Commu­                    olives which are to be used in the production of oil
nity, and in respect of which the subsidy has not                    shall submit a cultivation declaration for each of the
already been granted ;                                               areas covered by Article 6 (2) ; such declaration, in
Whereas, to ensure the proper working of the subsidy                 addition to giving the necessary details concerning the
system, the subsidy should be granted only for quanti­               olive trees so that the subsidy may be fixed, shall
ties of oil in respect of which applications are                     include a statement from the producer that he has
submitted within producing Member States ; whereas,                  carried out the necessary field work and that he picks
in order to simplify the application of the system, the              the olives regularly.
number of applications for subsidy which can be
made during the marketing year should be limited ;                                          Article 3
Whereas, the subsidy in question is of considerable                  1 . The subsidy shall be granted upon application to
importance for producers of olive oil and constitutes a              be made by the persons concerned in the Member
financial burden for the Community ; whereas, to                     States in which the oil was produced.
ensure that the subsidy is granted only for such oil as
gives entitlement thereto, provision should be made                  2.    In respect of each of the areas referred to in
for a system of administrative supervision to check                 Article 6 (2), only one application for the subsidy may
that the quantities of oil in respect of which applica­              be submitted, before a date to be determined, by each
tions for the subsidy are made are consistent with the               producer who has submitted a cultivation declaration .
potential production of olives and oil during the
marketing year in question and with the quantities of
the products from which the oil is extracted and the                                        Article 4
quantities of oil actually produced ;
                                                                     1.    Each producing Member State shall set up a
Whereas in order to check this consistency such super­               system of administrative supervision to ensure that the
vision should be based in particular on a system of                  products in respect of which applications are made for
cultivation declarations ; whereas, to ensure the proper             the subsidy are products which give entitlement
working of the supervision system , the accuracy of the              thereto .
cultivation declarations should be verified by the
Member States ;                                                      2. As regards the type of oil referred to under point
                                                                     1 of the Annex to Regulation No 136/66/EEC, the
Whereas, however, to simplify the application of the                supervision must, in particular, include a check that
subsidy system to olive-residue oil , provision should              the quantity of olive oil in respect of which an applica­
be made for the determination of the quantity of such               tion is made for the subsidy by the person concerned
oil which will be accepted for the subsidy to be                    is consistent with :
(') OJ No 172, 30 . 9 . 1966 , p . 3025/ 66 .                       (a) The quantity of olives harvested within the
(-') OJ No L 175, 29 . 6 . 1973 , p . 5 .                                Community and used for the production of such
(3) OJ No 197, 29 . 10 . 1966 , p . 3393/ 66 .                           oil ,
 ---pagebreak--- No L 327/ 16                         Official Journal of the European Communities                               28 . 11 . 73
(b) the actual quantity of olive oil produced,                 — compare the information given in the cultivation
(c) the potential production of olives and oil during               declaration for the 1973/74 marketing year with
     the marketing year in question .                               the information contained in the oil register or, if
                                                                    this is not available, in the last cultivation declara­
3. As regards the type of oil referred to under 4 of                 tion submitted by each person concerned.
the Annex to Regulation No 136/66/EEC, the compe­
tent French authorities must, in particular, check that                                    Article 8
the quantity of olive residue oil in respect of which an
application is made for the subsidy by a person                 1.     In the application of this Regulation, the
concerned is consistent with :                                  Member States may treat a recognized producers'
(a) the quantity of olive residue obtained from olives          organization as a single producer.
     harvested within the Community and used for the            2. For the purposes of this Regulation, 'producers'
      production of such oil                                    organization' means any recognized organization of
(b) the actual quantity of olive-residue oil produced.          producers of olives and oil established on their own
                                                                initiative, which undertakes in particular :
4. With respect to the oil referred to under 4 of the
Annex to Regulation No 136/66/EEC, the competent                — to supervise, for the purposes of the granting of
 Italian authorities shall determine the quantity of this            the subsidy in accordance with this Regulation,
oil for which the subsidy may be granted, on the basis               the production by its members of olives and of
of the oil production referred to under point 1 of the               oil ; these checks may not replace the checks to be
Annex to that Regulation .                                           carried out by the Member States in accordance
                                                                     with this Regulation ;
                          Article 5                             — to submit a single application for the subsidy and
 For the purposes of the supervision referred to in                  a single cultivation declaration on behalf of all its
                                                                     members, after the control referred to above ;
 Article 4, producing Member States shall oblige oil
 mills and, subject to Article 4 (4), extraction plants for     — to receive the subsidy on behalf of its members
 olive-residue oil to keep records of their stocks.                  and to distribute it among them in respect of the
                                                                     production of each member which has been recog­
                          Article 6                                  nized by the producing Member States.
 1 . Consistency between the quantity of oil in                                            Article 9
 respect of which the subsidy is applied for and the
 potential production referred to in Article 4 (2) (c)          The     Member      States   shall  communicate      to   the
 shall be verified by checking the information                  Commission, before they become applicable, all provi­
 contained in the cultivation declarations against the          sions adopted by them in pursuance of this Regula­
 target yields referred to in paragraph 2.                      tion .
 2. Target yields for olives and for oil shall be set for       If the provisions are not such as to enable the objec­
 each production area by the producing Member States            tives of this Regulation to be attained, a decision will
 in accordance with criteria to be determined .
                                                                be taken, in accordance with the procedure laid down
                                                                in Article 38 of Regulation No 136/66/EEC, as to the
                          Article 7                             amendments which should be made thereto by the
                                                                Member State concerned .
 The producing Member States shall :
 — make on-the-spot checks as to the accuracy of                                           Article 10
      cultivation declarations . These checks shall relate
      to a percentage to be fixed by reference to the size      This Regulation shall enter into force on 1 December
      of the farm ;                                             1973 .
                This Regulation shall be binding in its entirety and directly applicable in all Member
                States .
                Done at Brussels, 27 November 1973 .
                                                                               For the Council
                                                                                The President
                                                                              lb FREDERIKSEN