CELEX: 51991PC0558
Language: en
Date: 1992-01-09
Title: Proposal for a COUNCIL REGULATION ( EEC ) laying down derogating provisions as regards storage contracts for olive oil in Greece, Spain and Portugal

COMMISSION OF THE EUROPEAN COMMUNITIES
                                              C0M(91) 558 Tina I
                                              Brussels, 9 January 1992
                                Proposal for a
                           COUNCIL REGULATION (EEC)
laying down derogating provisions as regards storage contracts for olive oil
                        in Greece, Spain and Portugal
                        (presented by the Commission)
 ---pagebreak---                                                                       <J
                            EXPLANATORY MEMORANDUM
Article 20d of Regulation No 136/66/EEC provides that where prices on the
Community market for olive oil are close to the intervention price during a
period to be determined, it be decided to permit the conclusion of storage
contracts. Such contracts may only be concluded with recognized producer
groups or recognized associations within the meaning of Regulation (EEC) No
1360/78.
In view of the special structural situation in Spain, Portugal and Greece,
where such groups and associations were not set up, derogating measures have
been adopted to permit other organizations to conclude storage contracts.
Since then the situation has not changed substantially. In fact, owing to the
special features of production and marketing structures, a limited number of
groups have been set up and recognized within the meaning of Regulation (EEC)
No 1360/78. Consequently, a very small number of producers are able to have
access to storage contracts in those countries.
Under these conditions, until such time as the application of the
abovementioned Regulation produces its full effects and in order not to
damage the producers, a derogation should be provided, for two additional
production years, from Article 20d of Regulation No 136/66/EEC by making
provision in addition for bodies other than those provided for in Regulation
(EEC) No 1360/78 to be able to conclude storage contracts.
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                        COUNCIL REGULATION (EEC) No      /91
                                     Of
   laying down derogating provisions as regards storage contracts for olive oil
                           in Greece, Spain and Portugal
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 ( 1 ) , as
last amended by Regulation (EEC) No 1720/91< 2 ), and In particular Article 36
thereof,
Having regard to the proposal form the Commission,
Whereas Article 20d(3) of Regulation No 136/66/EEC provides that where prices on
the Community market for olive oil are close to the intervention price over a
period to be determined, it may be decided to permit the conclusion of storage
contracts; whereas such contracts may be concluded solely with recognized
producer groups or recognized associations thereof within the meaning of
Regulation (EEC) No 1360/78<3>, as last amended by Regulation (EEC) No 3808/89
(4).
(1) 0J No L 172,  30.9.1966, p. 3025/66.
(2) OJ No L  162, 26.6.1991, p. 27.
(3) OJ No L  166, 23.6.1978, p. 1.
(4) OJ No L 371,  20.12.1989, p. 1.
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Whereas, in the case of Greece, Spain and Portugal, their special structural
conditions in recent years have not permitted the setting up of a sufficient
number of organizations necessary for the conclusions of storage contracts within
the meaning of Regulation (EEC) No 1360/78; whereas, at present, the situation
has not changed significantly; whereas, as a consequence, in those Member States
a very small number of producers would be able to conclude storage contracts;
whereas, until such time as the application of the abovementioned Regulation in
Greece, Spain and Portugal achieves its full effects and in order not to
prejudice the producers in those Member States, a derogation should be laid down
for a limited period from Article 20d of Regulation No 136/66/EEC by providing,
 in addition, for the possibility of storage contracts to be concluded with bodies
other than those laid down in Regulation (EEC) No 1369/78;
HAS ADOPTED THIS REGULATION:
                                     Article 1
By way of derogation from Article 20d(3) of regulation No 136/66/EEC, for the
1991/92 and 1992/93 marketing years, storage contracts for olive oil may also be
concluded in Greece, Spain and Portugal by recognized producers' organizations or
recognized associations thereof within the meaning of that Regulation, who hold
olive oil of Community origin, produced by their own members and who have
suitable facilities for its storage.
                                     Article 2
This Regulation shall enter into force on the third day following Its publication
in the Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all
Member States.
Done at Brussels,                                 For the Commission
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                                                                     ISSN 0254-1475
                                                              COM(91) 558 final
                                                     DOCUMENTS
EN                                                                              03
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                                                             ISBN 92-77-79441-0
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