CELEX: 31973R3423
Language: en
Date: 1973-12-18 00:00:00
Title: Regulation (EEC) No 3423/73 of the Commission of 18 December 1973 on detailed rules for granting subsidies for olive oil

No L 351 / 16                          Official Journal of the European Communities                              20 . 12 . 73
                           REGULATION ( EEC) No 3423/73 OF THE COMMISSION
                                                    of 18 December 1973
                                on detailed rules for granting subsidies for olive oil
THE COMMISSION OF THE EUROPEAN                                    tion of the system, the elements to be taken into
COMMUNITIES,                                                      consideration to establish the target yields and the
                                                                  production areas referred to in Article 6 of Regulation
                                                                   EEC) No 3209/73 should be defined ;
Having regard to the Treaty establishing the European
Economic Community ;
                                                                  Whereas in order to guarantee the homogeneity of the
                                                                  information used to fix the target yields and the
                                                                  production areas, the centralized coordination of this
Having regard to Council Regulation No 136/                       information should be provided for ;
66/ EEC (') of 22 September 1966 on the establish­
ment of a common organization of the market in oils
and fats, as last amended by Regulation (EEC) No
1 707/73 (2 ), and in particular Article 10 (3) thereof ;         Whereas, further to Article 7 of Regulation (EEC) No
                                                                  3209/73 the on-the-spot control of the accuracy of the
                                                                  cultivation declarations should relate to a percentage
                                                                  to be fixed by reference to the size of the farms ;
Whereas Council Regulation (EEC) No 3209/73 (3) of                whereas it is necessary to carry out a control relating
27 November 1973 laid down the principles                         to a sufficiently representative number of declara­
according to which the subsidy referred to in Article             tions ;
10 of Regulation No 136/66/ EEC shall be granted to
olive oil producers for the 1973/74 marketing year,
and adopted measures in order to ensure that this
subsidy shall be granted only for the products which              Whereas, since the target yields for olives and oil are
have the right to benefit from it ; whereas the                   average yields, it may be claimed that the quantity for
Commission should adopt the relevant detailed rules               which the subsidy is requested is greater than that
for their application ;                                            resulting from the application of these yields to the
                                                                   cultivation declarations ; whereas, in this case , the
                                                                   quantity eligible for the subsidy should be deter­
                                                                   mined, on the basis of proof furnished by the
Whereas Article 4 of Regulation (EEC) No 3209/73                   producer concerned, by the competent authorities in
lays down that a system of control shall be set up to              the Member States ;
allow the verification of the consistency between, on
the one hand, the quantity of oil for which the
subsidy is requested and on the other, the quantities
of the products from which the oil is extracted and                Whereas there may be some tloubts as to the quantity
the actual quantity of oil produced, as well as the                of oil eligible for the subsidy, due to inconsistency
potential production of olives and oil for the 1973/74             between the quantity for which the subsidy is
marketing year ; whereas, therefore, the requests for              requested and that resulting from the application of
the subsidy and the cultivation declarations to be                 the yields to the cultivation declaration , or that in the
 presented by the producers should include the                     stock accounts ;
 minimum information necessary to verify this consis­
 tency ;
                                                                   Whereas to simplify the application of the subsidy
                                                                   system for olive-residue oil in Italy, the quantity of
Whereas, in order to ensure the proper management                  this oil eligible for the subsidy should be estimated at
 of the system of cultivation declarations, a deadline             a fixed rate ;
 should be fixed for their lodgement, as soon as
 possible after the beginning of the marketing year ;
whereas, with a view to ensuring the correct applica­
(') OJ No 172, 30 . 9 . 1966, p. 3025/66 .                         Whereas the measures provided for in this Regulation
 (2) OJ No L 175, 29 . 6 . 1973 , p. 5 .                           are in accordance with the Opinion of the Manage­
 P ) OJ No L 327, 28 . 11 . 1973 , p . 15 .                        ment Committee for Oils and Fats ,
 ---pagebreak--- 20 . 12 . 73                          Official Journal of the European Communities                            No L 351 / 17
HAS ADOPTED THIS REGULATION :                                    (e) where the oil has been sold, the quantity of oil
                                                                      sold, the name, forenames and address of the
                                                                      purchaser, and, where appropriate, the sale invoice
                         Article 1                                    for the oil ; in other cases, the place where the oil
                                                                      is stored .
This Regulation lays down detailed rules on granting
subsidies for olive oil for the 1973/74 marketing year.                                    Article J
                                                                 Each producing Member State shall lay down, for its
                         Article 2
                                                                 entire area, a period within which application for
                                                                 subsidies must be submitted .
1 . For virgin olive oil, applications for subsidies             However, more limited periods may be fixed in the
shall contain at least the following information :               different zones of production in order to take into
                                                                 account the state of the harvest of olives .
(a) the name, forenames and address of the applicant ;
                                                                                           Article 4
(b) the weight of the oil, together with an explicit
     statement that the product is virgin olive oil ;            Each producer of olives shall submit a date fixed by
(c) the oil mill or mills in which the oil was                   each Member State, which may not, however, extend
                                                                 beyond 31 January 1974, for each of the areas of
     produced, with particulars for each mill as to the
     quantity of olives used and the quantity of oil             production , a single cultivation declaration covering
                                                                 all those of his holdings situated in that area.
     produced ;
                                                                 Where a single holding is operated jointly by two or
(d) the location of the holding or holdings where the            more producers, a single cultivation declaration shall
     olives were harvested, including an explicit refer­         be submitted for that holding, particulars being given
     ence to the cultivation declaration for the holding         therein of the name, forenames and address of each
     or holdings concerned.                                      individual producer.
2.     In the case of sale, when the oil to which the
                                                                                           Article 5
application refers shall be invoiced, the application
must be accompanied by :                                          1.    The cultivation declaration referred to in Article
                                                                 2 of Regulation (EEC) No 3209/73 shall include parti­
(a) the sale invoice, or a similar document, if the sale
                                                                 culars as to the following :
     has taken place ;
                                                                 (a) the name, forenames and address of the person
(b) particulars of the place where the oil is stored, if
                                                                      submitting the declaration ;
     the sale has not taken place .
                                                                 (b) the location of the holding or holdings ;
3.     Applications for subsidies by producers who               (c) the area planted with olive trees ;
have sold their olives must contain the information
specified in Article 2 ( 1 ) (a) and (d) and also particulars    (d) the total number of olive trees actually cultivated ;
of the quantity of olives sold, and of the name, fore­           (e) The number of bearing trees whose olives are
names and address of the purchaser together with the                  normally used for the purposes other than oil
sale invoice for the olives .                                         production ;
                                                                 ( f) The number of bearing trees whose olives are
4. The provisions of paragraph 1 and 3 shall apply
                                                                      normally used for oil production, indicating the
also to applications for subsidies in respect of olive­
                                                                      number of trees under specialized cultivation and
residue oil produced in Italy.                                        the number under mixed cultivation ;
5.     In the case of olive-residue oil produced in              (g) for each of the two types of cultivation referred to
France, applications for subsidies shall contain at least             in (f):
the following information and documents :                             — the number of trees under irrigated cultivation ,
                                                                          and ,
(a) the name, forenames and address of the applicant ;
                                                                      — if possible, the main varieties and shape
(b) the quantity of olive-residue used ;                                  pruning.
(c) the weight of the oil together with an explicit state­       2.     Member States may      require that there be added
     ment that the product is olive-residue oil ;                to the particulars given       in cultivation declarations
                                                                 already submitted or to       be submitted the cadastral
(d) the extraction plant in which the oil was pro­               reference of the holdings     to which those declarations
     duced :                                                     relate .
 ---pagebreak--- No L 351 / 18                       Official Journal of the European Communities                               20 . 12 . 73
                         Article 6                                                         Article 8
1.     For the purpose of fixing, in a centralized             Representatives of the trade interests concerned may
manner, the target yields for olives and oil, and the          take part in the work relating to the establishment of
production areas referred to in Article 6 (2) of Regula­       target yields, and in the checks provided for in Article
tion (EEC) No 3209/73, the producing Member States             7 of Regulation (EEC) No 3209/73 .
shall, for their entire area, coordinate the information ,
relating to these yields and to these areas, which has
                                                                                           Article 9
been fixed in the different oil-producing areas by the
authorities designated with this end in view.
                                                               In addition to carrying out checks as to the accuracy
                                                               of the information given in applications for subsidies,
2. As soon as they have been adopted, the                      in respect of virgin olive oil the agencies responsible
producing Member States shall communicate to the               for supervision shall check :
Commission the provisions laid down by them in
respect of this , Article, as well as the information          1 . the agreement between the quantities of olives and
concerning the production areas and the target yields              oil indicated in the applications and the quantities
for olives and oil .                                               shown in the oil-mill registers ;
                                                               2. the consistency between the quantities of olives
                         Article 7                                 and oil indicated in the applications and the quanti­
                                                                    ties resulting from the application of target yields
                                                                    to the data contained in the cultivation declara­
 1 . The target yields for olives and oil shall be deter­           tions .
mined for production areas established having regard
to the factors relevant to olive and oil yields.
                                                                                           Article 10
When determining the production areas, account shall
be taken in particular :                                       The controls referred to in Article 7 of Regulation
                                                               (EEC) No 3209/73 shall be carried out in respect of at
— of the geography and geology of the region con­              least 5 % of cultivation declarations .
     cerned ;
— of the main varieties of olive tree, and of their age
                                                                                           Article 11
     and most frequent type of shape pruning.
                                                                1 . Any producer who considers that his production
 2. The target yield for olives shall for each produc­
                                                                of olives or of oil exceeds that obtained by applying
 tion area be equal to the quantity of olives per tree
                                                                those yields to the data contained in his cultivation
 obtained during the 1973/74 marketing year from a
                                                                declaration shall, within fifteen days following either
 representative number of properly maintained, bearing
                                                                the publication or the notification of the said target
 trees in that area. Such yield shall be determined for
                                                                yields, submit additional documentation in evidence
 dry cultivation .
                                                                of such production . Such documentation shall include
                                                                at least the following :
 For trees under irrigated cultivation, the target yield
 shall be increased by a percentage to be determined            (a) details of the specific cultivation work carried out
 by the individual producing Member States.                          on the olive plantation ;
                                                                (b) evidence as to the labour employed on the olive
 3 . The target oil yield for olives shall for each                   plantation , or the technical means used to harvest
 production area be equal to the quantity, per 100 kilo­             the olives ;
 grammes of olives, of oil obtainable by expression
 from the olives produced in that area.                         (c) invoices in respect of the purchase of all fertilizers
                                                                      and insecticides of fungicides used or the proof
 Such yield shall be determined having regard to                      that the relevant operations have been carried out ;
 processing tests carried out on a representative sample
                                                                (d) In cases other than those referred to in Article 3
 of olives from each production area, account being                  (2):
 taken of the equipment of the mills serving those
 areas .                                                             — where the oil has been           sold, information
                                                                          concerning the quantities of oil sold , lot by lot,
                                                                          as well as the names, forenames and addresses
 Target yields shall be determined by the Member
 States as soon as possible after the closing date for the                of the buyers ;
 submission of applications for subsidies . These yields              — particulars of the place where the oil is being
 shall then be published .                                                stored , if it has not been sold .
 ---pagebreak--- 20 . 12. 73                        Official Journal of the European Communities                          No L 351 / 19
2. The competent authorities, having examined the            (a) the quantity of oil resulting from the application
evidence submitted pursuant to paragraph 1 , and                  of target yields to the relevant declaration of culti­
having carried out a comparison fo the quantities of             vation .
oil which have been recognized as eligible for the           (b) the quantity of oil shown in the oil-mills' ledgers,
subsidy for the same holding for each oil production
year since 1966/67, shall decide the quantity of oil         and when the producers are not using the provisions
eligible for the subsidy.                                    of Article 11 , the competent authorities shall
                                                             determine the quantity of oil eligible for subsidy on
Where the olives have been sold, the quantity of oil         the basis of the smallest quantity resulting from the
eligible for subsidy may not exceed that obtained by         above information .
applying to the quantity of olives recognized as
having been sold, the target oil yield for the area from
                                                                                       Article 13
which the olives in question originate .
3 . The authorities referred to in paragraph 2 may            In Italy, the quantity of olive-residue oil eligible for
carry out additional inquiries by requiring, where           subsidy shall be equal to 9 % of the quantity of virgin
appropriate, that all stock accounts of the holdings of      oil recognized as eligible for subsidy produced by
producers as referred to in paragraph 1 be placed at         pressing from the olives from which the residue has
                                                             been obtained .
their disposal .
                        Article 12                                                     Article 14
When an examination of the applications for the              This Regulation shall enter into force on the third day
subsidy reveals a discrepancy between the quantity of        following its publication in the Official Journal of
oil for which the subsidy is requested, and                   the European Communities.
              This Regulation shall be binding in its entirety and directly applicable in all Member
              States .
              Done at Brussels, 18 December 1973 .
                                                                        For the Commission
                                                                            The President
                                                                       Francois-Xavier ORTOLI