CELEX: 31993R0643
Language: en
Date: 1993-03-19 00:00:00
Title: Commission Regulation (EEC) No 643/93 of 19 March 1993 amending Regulation (EEC) No 2677/85 laying down implementing rules in respect of the system of consumption aid for olive oil

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31993R0643

Commission Regulation (EEC) No 643/93 of 19 March 1993 amending Regulation (EEC) No 2677/85 laying down implementing rules in respect of the system of consumption aid for olive oil  

Official Journal L 069 , 20/03/1993 P. 0019 - 0021 Finnish special edition: Chapter 3 Volume 48 P. 0242  Swedish special edition: Chapter 3 Volume 48 P. 0242 

COMMISSION REGULATION (EEC) No 643/93 of 19 March 1993 amending Regulation (EEC) No 2677/85  laying down implementing rules in respect of the system of consumption aid for olive oil THE COMMISSION 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 estabishment of a  common organization of the market in oils and fats  (1), as last amended by Regulation (EEC) No  2046/92  (2), and in particular Article 11 (8) thereof, Whereas, in the light of experience, the conditions for the approval of packaging plants receiving  consumption aid for olive oil should be defined more clearly; Whereas, in order to make verification of the quantities in respect of which aid is granted more  effective, it should be laid down that an on-site check must be made of the packaging undertakings  concerned before entitlement to aid can be recognized and provision shall be made for penalties for  operators refusing to cooperate with the cross-checks or not providing the necessary  documentation; Whereas, to ensure sound management of the aid scheme, the conditions for the granting of aid and  the payment of advances should be defined more clearly; whereas, for the same reason, the rules  governing the security to be lodged for the payment of an advance should be amended; Whereas, to ensure the smooth operation of the aid scheme, experience shows that penalties should  be adjusted in accordance with the seriousness of the offence; whereas, to the same end, the system  of penalties should be extended; Whereas, to ensure sound management, the method for determining the quantity of certain denaturing  products to be mixed with the by-products of the olive oil refining process should be laid down;  whereas, to that end, the method for determining the aliphatic alcohols content set out in  Commission Regulation (EEC) No 2568/91  (3), as last amended by Regulation (EEC) No 3288/92  (4),  should be used; Whereas the amendments provided for in the rules concerning checks on undertakings will, in certain  Member States, involve changes in administrative practices; whereas, therefore, the introduction of  those amendments should be delayed until the beginning of the 1993/94 marketing year; Whereas Commission Regulation (EEC) No 2677/85  (5), as last amended by Regulation (EEC) No 2181/92   (6), should be amended; Whereas the measures provided for in this Regulation are in accordance with the opinion of the  Management Committee for Oils and Fats, HAS ADOPTED THIS REGULATION: Article 1 Regulation (EEC) No 2677/85 is hereby amended as follows: 1.  the final sentence of the final paragraph of Article 2 is replaced by the following: 'In those Member States which have set up the inspection agency referred to in Regulation (EEC) No  2262/84, that agency shall participate in the checks in question. Where the opinion of the agency  is unfavourable, the competent authority shall grant approval only after informing the Commission  of the reasons for its decision.`; 2.  in the second subparagraph of Article 5 (1), 'at least once per marketing year` is replaced by  'at least once every 12 months`; 3.  Article 9 (3) is replaced by the following: '3.  The Member State shall pay the aid within 150 days of submission of the application for the  quantities for which entitlement to aid has been recognized following on-the-spot checks. This period may be extended, however, if further enquiries become necessary as a result of those  checks. The Member State shall determine the new deadline and inform the Commission. The body responsible for checking entitlement to aid shall notify the paying agency of its findings  as regards recognition of entitlement to aid in respect of each approved undertaking within 45 days  of the on-the-spot check and at least 20 days before the end of the time limit referred to in the  previous subparagraph.`; 4.  Article 11 is replaced by the following: 'Article 11 1.  The amount of the aid shall be advanced once the party concerned has submitted to the competent  authority an application for aid together with a certificate showing that a security of an amount  equal to the aid has been lodged. Advances must in any case be paid within 45 days of the submission of the application as referred  to above. 2.  The security shall be lodged in accordance with the conditions laid down in Title III of  Commission Regulation (EEC) No 2220/85  (*). The duration of validity of the security shall be  sufficient to cover the period necessary for recognition of entitlement to aid. However, where  checks call for further investigations to be carried out beyond that time limit, the duration of  validity of the security shall be extended or a new security lodged for the required period. The  Member State shall determine the new deadline and inform the Commission. Where, in such cases, the  party concerned does not submit proof of the extension of the duration of validity of the existing  security or of the lodging of a new security before the end of the duration of validity of the  original security, that security shall be forfeit. If, however, proof is submitted during the 10 days following the end of the duration of validity of  the initial security, 50  % of that security shall be forfeit. 3.  The body responsible for checking entitlement to aid shall notify the paying agency of its  findings as regards recognition of entitlement to aid in respect of each approved undertaking  within 45 days of the on-the-spot check. The security shall be released as soon as the competent  authority of the Member State has recognized entitlement to the aid on the basis of such  notification. If entitlement to the aid is not recognized in respect of all or part of the quantities shown in  the application, the security shall be forfeit in proportion to the quantities in respect of which  the conditions giving entitlement to the aid are not complied with. 4.  Notwithstanding paragraph 1, the grant of an advance to a newly-approved undertaking shall be  subject to the lodging of a security equal to 130  % of each advance applied for during the first  year of operation. (*)  OJ No L 205, 3. 8. 1985, p. 5.`; 5.  Article 12 is amended as follows: (a)  in the first subparagraph of Article 12 (1), 'Each undertaking shall be inspected for this  purpose at least once in each marketing year` is replaced by 'Each undertaking shall be inspected  for this purpose at least once every 12 months.`; (b)  the following is added to the last subparagraph: 'To that end, the suppliers and operators referred to above shall keep the necessary documentation,  to be specified by the Member State, available for examination by the inspection authorities.`; (c)  paragraph (6) is replaced by the following: '6.  Where the competent authority finds that an application for consumption aid relates to a  quantity greater than that for which entitlement to aid has been recognized, the Member State shall  impose a penalty on the packaging undertaking equal to between three and eight times the aid  improperly applied for, depending on the seriousness of the infringement. Moreover, where Article  11 (3) of Regulation No 136/66/EEC is applied, the plant concerned shall be obliged, for a period  of from one to five years, to submit applications for aid direct to the Member State which shall  carry out the checks referred to in Article 13 (1). However, where the quantity for which aid has been improperly applied for exceeds the checked  quantity for which entitlement to aid has been recognized by at least 20  %, the Member State, in  addition to imposing a financial penalty, shall withdraw approval for a period of from one to three  years depending on the seriousness of the infringement. In the case of any further infringement, and irrespective of the extent by which the quantity for  which aid has been improperly applied for exceeds the checked quantity, in addition to the  financial penalty, approval shall be withdrawn for a period of from one to five years depending on  the seriousness of the infringement. The penalties referred to in the first, second and third subparagraphs shall apply without  prejudice to any other penalties.`; (d)  the following paragraph 7 is added: '7.  Without prejudice to paragraph 6, where the suppliers or operators referred to in the final  subparagraph of paragraph 1 refuse to cooperate with checks or are unable to supply the competent  authorities with information permitting verification of the eligibility of the oil in question for  aid, the suppliers or operators concerned shall pay the Member State an amount equal to twice the  consumption aid applied for in respect of the quantities concerned. The amount paid to the Member  State shall be deducted from claims made on the EAGGF by the paying agencies or authorities of the  Member States.`; 6.  the following subparagraph is added to Article 14 (1): 'To that end, the method for the determination of the aliphatic alcohols content set out in  Regulation (EEC) No 2568/91 shall be used.` Article 2 This Regulation shall enter into force on the seventh day following its publication in  the Official Journal of the European Communities. However, Articles 9 (3) and 11 (3) of Regulation (EEC) No 2677/85, as amended by this Regulation,  shall apply from 1 November 1993. This Regulation shall be binding in its entirety and directly applicable in all  Member States. Done at Brussels, 19 March 1993. For the Commission René STEICHEN Member of the Commission