CELEX: 51978PC0504
Language: en
Date: 1978-10-05
Title: Proposal for a COUNCIL REGULATION (EEC) laying down for the marketing year 1978/79 general rules in respect of production aid for olive oil#Proposal for a COUNCIL REGULATION (EEC) laying down special measures for the marketing year 1978/79 in respect of olive oil producer organizations#Proposal for a COUNCIL REGULATION (EEC) on intervention in the olive oil sector (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (78) 504
Vol. 1978/0184
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In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983
concerning the opening to the public of the historical archives of the European Economic
Community and the European Atomic Energy Community (OJ L 43, 15.2.1983, p. 1), as
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                    COM(78 ) 504 final
                                                    Brussels , 5 October 1978
                                Proposal for a
                           COUNCIL REGULATION ( EEC )
 laying down for the marketing year 1978 /79 general rules in respect
                        of production aid for olive oil
                               Proposal for a
                          COUNCIL REGULATION ( EEC )
 laying down special measures for the marketing year 1978 / 79 in respect
                     of olive oil producer organizations
                               Proposal for a
                          COUNCIL REGULATION ( EEC )
                   on intervention in the olive oil sector
               ( submitted to the Council by the Commission) ?dT^"
 COM ( 78 ) 504 final                                    Ρ*
                                                                    v.'îj
                                                                    «   ' 5
                                                                             .H
                                                                              ·Ζι
 ---pagebreak---                            EXPLANATORY MEMORANDUM
Ttee attached proposals for regulations form part of the rules of application of
the new market organisation for olive oil adopted by the Council on 29 June 1978 .
and due to enter into force for the 1978 / 79 marketing year . They deal with :
            s                      •                            '                     r
- aid for olive oil production ,
- producer associations , ,
                                              ■ i *                        1             .
- the intervention system .                                              •
Draft proposal for a regulation adopting general rules on production aid for the
1978 / 79. market ing year
The production aid system scheduled to operate from the 1978 / 79 marketing year diffe .
from the previous system on one fundamental point : thre will be two arrangements ,
one for growers who are and one for growers who are not members of a recognised
producer group :                            -                          ~
- growers who are not members of groups will be given a flat-rate aid ;          *
  1
- for growers who are members of groups the amount of the aid will depend on the
    quantity of oil actually produced .                             ■ ■      1
The draft regulation l^s down detailed rules for the application -of both methods .
Draft proposal for a regulation laying down special measures relating to olive oil
producers' organisations                             , ; .
Under the new organization production aid calculated on the quantity of-oil actually
produced is granted to growers who' are members of producer groups recongised under
Council Regulation ( EEC ) No 1360 / 78 of 19 June 1978 on producer groups and associa­
tions thereof . Because of delays in the setting up of the system laid do.wp by Regu­
 lation ( EEC )" No 1360 / 78 recognition of the olive growers' groups cannot be done
before the beginning of the 1978 / 79 marketing year . This would as matters stand
result in a lass for groxers who have^ made the effort to group themselves as without
the recognition 'as they would be eligible for the flat-rate aid only .
Appropriate derogating measures should therefore be laid down for the 1978 / 79 marke­
ting year . These consist basically in setting temporary special recognition require­
ments for o.live growers' producer groups for the 1978 / 79 marketing year . These _*
 requirements will be replaced for the 1979/ 80 marketing year by those laid dc n in
 Regulation ( EEC ) No 1360 / 78 .        '                                            -
 ---pagebreak---                                  - 2 -
Draft proposal for a regulation on intervention in the olive oil sector
The intervention arrangements provided for in the draft regulation differ from the
old arrangements on one point only : the introduction of a provision that olive oil
presented for • i ntervent ion during the last'two months of a marketing year will be
bought in at the intervention price applicable att the beginning of the year . The
purpose of this is to stop speculative operations .         .
 ---pagebreak---                                                   Ϋ
                                                    Proposal for a
                                            COUNCIL . REGULATION ( EEC )
   laying down for the marketing year 1978 /79 general rules in respect of production aid
    for olive oil     • I               ;      ^
   'HE COUNCIL OF THE EUROPEAN COMMUNITIES ,
  laving regard to the Treaty establishing the European Economic Community,
   laving regard to .Council regulation No ,136/ 66/ EEC of 22 September 1966 on the establish­
                                    . .   ■ . . .        .  .             .     Μ ">
   vent of a common organizationof the market in oils and fats , as last amended by Requ-
                               ( 2)          . .        ...      :
     ation ( EEC ) No 1562/ 78        , and in particular the first sentence of Article 5 ( 4 ) and •
   . rticle 36 thereof ,                                '                   '          ' ■
   laving regard to the proposal from the~ Commission,                                     _   r.
     hereas Article 5 of Regulation No 136/ 66/ EEC introduced aid for the production of* olive
     il ; whereas , during the marketing year 1978 /79 , this aid is to be granted to growers who .
  are members of a producer organization recognized under Council Regulation ( EEC )" No              /
  78 of ....... ...... 1978 ^? on the basis of the quantity of oi.l actually produced by them ,
  and to other growers on the basis of the number and production potential of the olive
  trees which they grow and of the yields of those trees as determined according to a
  standard' fnethod, and provided that the olives produced have actually been harvested ;.
  .'hereas , since there is no register of olive cultivation, the " production potentia I of
  . live trees cannot be defined ; whereas , therefore , until such . a register is established,
  aid to growers who are not members, of a producer organization should be calculated on the
. aasis of the average yields of olive trees ;                     v
   'hereas , to ensure the proper functioning of the aid^stem , the types of olive oil for'
  jhich aid is granted should be defined;
   'hereas the aid in question is of considerable advantage to oil producers and a financial
  charge on the Community; whereas , in order to guarantee that the aid is granted only in
    espect of oil qualifying therefor , provision should be made for appropriate administrat­
     ive checks ; '               .                 • .         ■ r   - ,     '      '            -
     1 ) OJ No 172 , 30.9.1966, p. 3025 / 66
     2 ) OJ No L 185 , 7.7.1978 , p. 1
    3 ) OJ No          .
 ---pagebreak---  ^ Whereas these checks should initially be based on a system of crop declarations ;
 ♦ Whereas , in order to facilitate checks on the entitlement to aid of members of produ-
  \ cer organizations , provision should be made for such organizations to submit a single
    crop declaration for all their members , after having verified the data relating to the
  i individual holdings ; whereas , for the same reason, provision should be made for the
  I organization to monitor the harvesting and pressing of the olives of at least a perceri-
  \
  !tage of their members, and to submit a single application for aid in respect of thoseof
     their members who have produced oil during a given period ;
  | Whereas, in order that the entitlement to aid of members of producer organizations may
     be checked, the stock records of the mills should also be consulted ;
bwhereas , in order to simplify the application of the aid system, to oil from olive
: jresidues, the quantities of this oil qualifying for aid should as a general rule be
   ^determined on the basis of the production of pressed oil ;
   Hn/ hereas , since producers' organizations are to verify the production of at least a per-'
t centage of their members , provision should be made for advances to be paid to producers
ifwho are members of an organization as soon as the application for aid is submitted,
                                   \ _ ' ' •   •      ■                    ■ . •        '
    HAS ADOPTED THIS REGULATION :
 ---pagebreak---                                            - r -
                                      Article 1
The general rules sfet out in the following Articles shall apply to the granting in
respect of the marketing year 1978 /79 of the production aid for olive oil referred to
in Article 5 of Regulation No 136 / 66 / EEC .               ,
                                      Article 2                .  *        ' '
        *          ,                             ' " '                   /
production aid shall be granted for olive oil corresponding to the definitions laid             '>
down in points 1 and 4 of the Annex to Regulation No 136 / 66 / EEC .
                                      Article 3
1 . Before a date to be -fixed , each grower shall submit a crop declaration containing ,
       in addition to particulars of the number of olive trees growr\ and their location, . . %
       a declaration that he has harvested or intends to harvest the' olives in the - current'
       marketing year .                •
    . If the growers are members of a producer         organization as referred to in Article 1 of
        Regulation ( EEC ) No ...../ 78 , that . organization shall submit a single declaration
      , for all its members , after checking the information supplied by each member ..
2 . For the purposes of this Regulaton, " grower " shal I - mean 'any producer of olives
     - intended for the production of oi I .
                                      Art i cle 4                                           .
  The production aid shall be granted on application by the party concerned in the
Member' State      in which the oil has been produced ..                                      \
 Where growers are not . members of a producer organization , the crop declaration submitted
  by each of them shall be equivalent to an application for aid .
  Producer organizations shall submit a single aid application each month for all their ,
  members who completed their production of oil in the course of the previous month . ,
                                 . -  Art ic le 5                   -      ,
                                     ––––––-–                         >,               .
  1 . Each producer organization shall check
     - - the harvesting of the olives produced by its members ;                   -
        - the delivery of these olives to the mill , and their pressing .
  2 . If pressing takes place in a mill belonging to the producer organization , the erKck
 ' referred to in paragraph .1 shall cover all the oil produced by that mill .
        If pressing takes place in another mill , the check referred to in paragraph 1 shall
        cover the actual production of a percentage to be determined of the members of the
        producer organization .          -
 ---pagebreak---                                        Article 6
Each producer Member State shall establish a system of administrative checks designed to
guarantee that the product for which an , aid application is submitted is eligible for aid
                                       Article 7
 ' • The purpose of checks on the olive oil referred to in point 1 of the Annex to
       Regulation No 136 /66 / EEC and produced by growers who are members of a producer organ­
       ization shall be to establish that the quantity of oil in respect of which each
       producer organization has applied for aid corresponds to
   ' ( a ) the quantity of olives harvested by its members and used for the production of
             that oi I ,                     ,                                  - •
       ( b ) the quantity of oil actually produced .            .
2 . The purpose of checks on the olive oil referred to above and produced by growers who
       are not members of a producer organization shall be to establish that :
                                         ,
      - the crop declarations are accurate ;
      - the olive harvest has been completed ;
      - the harvested olives are to be used for the production of oil .
3 . As regards the olive* oil referred to in point 4 of the Annex to Regulation
      No 136/ 66/ EEC , the quantity of such oil which is eligible for aid shall be determined
      on the basis of the oil' production referred to in point 1 of the Annex to that
       Regulation .
                         ,             Article 8
Producer Member States shall oblige mills to keep stock records for the purpose of the
 checks provided for in Article 7 ( 1 ) and ( 3 ).
                                     - Article 9
  1 . Producer Member States shall monitor the checks made by each producer organization
         pursuant to Article 5 (1 ).                    .      '                  '
  2 . PraLcer Member States shall carry out random on-the-spot checks to verify :
     . - the accuracy of the crop declarations submitted by each producer organization and
            the accuracy of the information contained in the aid application submitted by
            each producer organization .
 ---pagebreak---   -                                 Article 10            >
  In the case of growers who are not members of a producer organization , producer Member
   States shall carry out random on - the- spot checks to verify :
  - the accuracy of crop declarations ,                     .
  - the completion of olive, harvesting operations ,             ' _
  - the final , use to be made of the olives .                    .     ,
                                    Article 11
  The checks referred to in Articles 9 ( 2 ). and 10 shall     cover    a percentage of growers
  to be determined with particular reference to the size of 'holding .       .
                                    Article 12
  The yield of olives and oil for each homogeneous production zone' shall be fixed on the
  basis of information supplied by the Member States by 31 March 1979 at the latest .
  In the determination of these zones , the following s KaL L be taken into - account -v
  - the geographical situation and the geological nature of the terrain ,
  - the main varieties , themost common shape and the age of the olive trees .
                                    Art ic le 13 '      '
  Producer Member States are hereby authorized to advance up to' 70 % of the . aid requested
  to producer organizations as soon as they - submit their aid application .
        x -.       ' '  -t                                                 .        - 4
                                    Article" 14
  The Member States shall inform the Commission of "the provisions adopted by them pursuant
  to this Regulation before these are put inttf effect .                          .
                              -     Article 15
                                   1 1 1 1 1 1 "    t                  . 1     i.
  This fegulation    shall - enter into force on 1 November 1978 .                             *
  This Regulation shall be binding in its entirety and directly applicable in alt
  Member States .
, Done at ... ...... .                           .'             For the Counci I
 ---pagebreak---                                            Proposal for a
                                     COUNCIL REGULATION ( EEC )
 Laying down special measures for the marketing year 197-8 / 79 in respect of olive oil '•
producer organizations
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 esta-
                                                                         (1)
blishment of a common organization of the market in oils and fats            , as last amended
                                     (2)
by Regulation ( EEC ) No 1562 / 78       , and in particular Article 36 thereof ,   ■ . •
Having regard to the proposal from the Commission ,
Whereas Article 5 of Regulation No 136 / 66 / EEC introduced a system of aid for the
production of olive oil;whereas in accordance with paragraph 2 of that Article such aid
is granted to olive growers who are members          of a producer group recognized under
Council Regulation ( EEC ) No 1360 / 73 of 19 June 1978 on. producer groups and associations
thereof       , on the basis of the quantity of oil actually produced by them , whereas to
other growers it is . granted at a flat rate ;                                               ;
Whereas, on account of the time needed for implementing the system provided for by Regu­
lation ( EEC ) No 1360 / 78, recognition of groups of olive growers cannot be granted .
within the next few months ;
Whereas , in order to prevent this delay from harming producers who have made an effort
to form groups , appropriate derogations should be laid down for the marketing year
 1978 / 79 ;
 Whereas recognition should therefore be granted for this year to olive oil producer
 organizations which provide adequate guarantees that certain operations linked to the
 application of the abovement ioned system of aid are carried out ; whereas , in addition ,
 certain provisions of Regulation No 136 / 66 / EEC on producer groups should be extended to
 these organizations ;
                                                 O
 Whereas , in order to enable the organizations        in question to carry out the tasks entrusts
 to them ,       provision should be made to allow them to retain a certain percentage of the
 aid to be granted to their members ,
 HAS ADOPTED THIS REGULATION       :
  ( 1 ) 0J No 172 , 30.9.1966 , p. 3025 / 66
  ( 2 ) 0J No L 185 , 7.7.1978 , 1
  ( 3 ) 0J No L 166, 23.6.1978 , p. 1
 ---pagebreak---        .    -                    Article 1
1 . For purposes of the system of production aid referred to in Article 5 ^
    of Regulation No 136 / 66 / EEC the Member States shall recognize for the 1978 / 79 mar­
    keting year as olive and olive oil producer organizations any organization set up          - '
    on the initiative of producers which '                           1   .
     ( a ) applies for recognition , and    -
     ( b ) fulfils the conditions set out in paragraph 2 .                 '   -
2 . In order to be recognized a producer organization must :
    - be capable of verifying the oil production Of a percentage to be determined of its
         members or , where it has an Olive oil mill , of verifying the entire production
 . •     of this mi II ;
    - be empowered to submit an application for production aid for all its member
         growers ;                               ,
    - be empowered to receive the aid and allocate each - member his share ;"
    - have a minimum number of members with a minimum area under olive trees ;
    - exclude as regards the whole range of their activities any discrimination in connect
         ion with the nationality . or place of establishment of potential members .
    The application for recognition must be lodged by 30 November 1978 .
3 . The Member. States , concerned shall                                           -
               take a decision on recognition within one month of the date on which such ) .
               recognition is requested ;
    -          make their decision known to the Commission within fifteen days .
4 . Detailed rules for the application of this Article shall be adopted in accordance
    with the procedure laid down in- Article 38 of Regulation No 136 / 66 / EEC ,  ^
                                 Article 2                         .
                                 –––––        w                                            *
1". The producer organizations referred to in Article 1 may retain a percentage to be
    determined of the amount of the production aid paid to tljem . This percentage is to
  'cover the costs of checking their members' production .       ;                           "
2 . Detailed rules for the application of this Article shall be adopted in accordance
    with the procedure laid down in Article 38 of Regulation No 136 / 66 / EEC . .
                             ■"                            /                 '
                                 Article 3               s             A
The provisions of Article 5 ( 2 ) and ( 3 ) and Article 12 ( 1 ) of Regulation No -136/ 66/ EEC
shall apply to the producer organizations referred to in Article 1 of this Regulation .
 ---pagebreak---                                   - 3 -
                              Article 4
This Regulation shall enter into force on the third day fol lowing its publication in
the Official Journal of the European Ecommunities .
It shall be applicable from 1 November 1978 ^ "
This Regulation shall be binding in its entirety and directly applicable in all
Member States .
Done at ......                                         For the Council
 ---pagebreak---                                          Proposal fop a
 .                             " COUNCIL REGULATION     ( EEC )
on intervention in the olive oil sector                                          •.
THE COUNCIL OF THE EUROPEAN COMMUNITIES .
                                                                         j i
Having regard to the Treaty ^ establishing the European Economic Community /
Having regard to Council Regulaton No 136 / 66 / EEC of 22 September 1966 on . the establish­
                          .   . .         ' /       .           . , .   (1)         .       . .
ment of a common organization of the market in oils and fats                 , as last amended by
                                  ( 2)
Regulation ( EEC ) No 1562 / 78          and in particular Article 12 ( 3 ) thereof ,"
Having regard to the proposal from the Commission ,
Whereas , in accordance with commercial practice , olive oil is' generally marketed
during the first ten months of the marketing year ; whereas , to avoid speculative tran­
sactions , it should be provided that during the remainder of the marketing year the
intervention agencies are to buy in oil at the price applying at the beginning of
that market ing year ;      r          "                  ' '>                                    v
Whereas olive oil held by the intervention agencies must be put up for sale without any
discrimination between .Community purchasers and on the most favourable economic terms ;
whereas the sale by tender^ appears to be the most appropriate system for this purpose ;
Whereas , however , in certain special situations it may be advisable to use procedures
other than tendering ;
Whereas , with a view to organizing the intervention system on a rational basis , inter­
vention centres should be established           by reference both to the volume of production
of the various oil-producing areas and also to the storage facilities available in places
which may be designated as intervention centres , .                   .
HAS ADOPTED THIS REGULATION :                 /
( 1 ) OJ No 172 , 30.9.1966, p. 3025 / 66
( 2 ) OJ No L 185 , 7.7.1978 , p. 1 . ♦
 ---pagebreak---                                    - 2 -
                               Article 1
The intervention agencies appointed by the producer Member States shall buy in olive oil
- during the month of August , at the intervention price applying during the preceding
   month",
- during the months of September and October , at the intervention price applying at the
   beginning of the current marketing year .
           v   '               Article 2
1 . Olive oil held by intervention agencies shall be put up for sale by tender .
    However , where special conditions so warrant , another selling procedure may be used .
2 . The conditions of sale by tender or of any other selling procedure must ensure equal
    access and treatment to all parties , whatever their place of establishment in the
    Community .                                                     \
                               Article 3
The intervention centres must be situated in an area with an average annual oil produc­
tion of not less than     1 000    tonnes . They may be set up only in places where suffi­
cient facilities exist for storage of the oil offered for intervention .
                             , Article 4                                        .
This Regulation shall enter into force on 1 November 1978 .                           -
This Regulation shall be binding it its entirety and directly applicable in all
Member States .
 Done at     .....                                      For the Council