CELEX: 51981PC0425
Language: en
Date: 1981-09-09
Title: Proposal for a COUNCIL REGULATION (EEC) laying down general rules in respect of production aid for olive oil for the 1981/82 marketing year (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
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DOCUMENTS "COM"
COM (81) 425
Vol. 1981/0133
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                              COM(81)425 final
                                              Brussels , 9 September 1981
                                Proposal for a
                            COUNCIL REGULATION ( EEC )
            laying down general rules in respect of production aid for
           olive oil for the 1981 / 82 marketing year
           ( submitted to the Council by the Commission )
                                                       4>·
                                                   tÉ v"                         ^
                                                                         ·' . ·Λ
                                                              - I «ί . ι
C0M(81 ) 425 final
 ---pagebreak---                      EXPLANATORY MEMORANDUM
1 * This draft Regulation Lays down general rules in respect of production
    aid for olive oil for the 1981 / 82 marketing year *
2 m For the greater part , this draft Regulation re-states the general rules
    applicable in this area for the 1980 / 81 marketing year , although it specifies
    the checks , in particular the system of approval to which the mills will
    be subjected/ as from the 1981 / 82 marketing year *
 ---pagebreak---                                     Proposal for a
                          COUNCIL REGULATION ( EEC )
                                                 \
  Laying down general rules in respect of production aid for olive oil for the 1981 / 82
 marketing year
 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 establish­
                                                                     (1)
 ment of a common organization of the market in oils and fats             - as last amended by
                                   (2)
 Regulation ( EEC ) No 3454 / 81       , and in particular Articles 5(4 ), and 36 thereof ,
Having regard to the proposal from the Commission ,
Whereas Article 5 of Regulation No 136 / 66 / EEC introduced a system of production aid for
olive
7
          oil ; whereas , for the 1981 / 82 marketing year , this aid is granted,on the basis
of the quantity of oil actually produced, to growers who are members of the organizations
i
specified by Council Regulation ( EEC ) No            / 81 of                laying down special
*                                                                                                ( 3)
measures in respect of olive oil producer organizations for the 1981 / 82 marketing year
η
^hile, for other growers , it is granted on the basis of the number and production poten-
| i a I of olive trees and of the yields of such trees, as determined according to a stan­
dard method, and provided that the olives produced have actually been harvested;
Whereas , since there exists no register of olive cultivation , it is not possible to define
'the production potential of olive trees ; whereas , therefore , pending the compilation
of such a register , it is appropriate to calculate aid for growers who are not members
of a producer organization on the basis of the average yields of olive trees ;
Whereas , in order to ensure the proper functioning of the system of aid, it is necessary
to determine the types of olive oil in respect of which aid is granted; whereas , in order
 to simplify the application of the system of aid with regard to olive residue oil , it
 should be provided that the quantity of oil eligible for aid will be determined as a
general rule on the basis of the production of pressed oil ;
Whereas , in order to ensure the proper functioning of the system of production aid for
members of i producer organisations , provision should be made for paying aid only for the
 quantity obtained in approved mills ; whereas , for the purposes of approving mills .
  ( 1 ) OJ No 172 , 30-9,1966 , p „ 3025 / 66
  ( 2 ) OJ No L 360, 31 - 12 - 1980, p „ 16
  ( 3 ) OJ No L     ,              , p*
 ---pagebreak---                                   - 2 -
the mi lis ©ncerned should fulfil a number of conditions ; whereas, in order to do this,       j
provision should be made for allowing the producer Member State to seek the coopera -           }
tion of millers' professional associations ;,                                                   ;
                                                                            -1                  i
Whereas
  •
         the aid in question is of considerable advantage to oil producers and represents       I
a financial burden on the Community ; whereas , in order to guarantee that the aid will
b£ granted only in respect of oil which may qualify therefor *     it is necessary to    .
provide for & system of appropriate administrative checks ;
Whereas the carrying out of such checks should initially be based on a system of crop
declarations ;
Whereas , in order to facilitate checks on        entitlement to aid on the part of members
of producer organizations , it should be provided that such organizations should submit
a single crop declaration for all their members , verify the data relating to the hol­
dings of a percentage ,to be determined ,of their members and, for the same purpose ,
submit a single applicatiorj for aid in respect of those of their members who have pro­
duced oi t . over a given period; whereas , in order to ensure the proper functioning of
the system of aid, it should be made possible to pay such organizations advances on
the aid as soon as the application for aid has been submitted ; whereas , to the same
end, provision should be made for the Member States concerned to determine the system
for distributing aid amongst associated pfoducers ;                                   '    ' ,
Whereas , in order tbat the entitlement to aid of member of producer organizations may
be checked, it is necessary that the latter should verify the^quantities of oil in
 respect of which aid is applied for by each of thei r' members ; taking as a basis both
their crop declaration and the stock records of mills ; .
Whereas , in order to ensure that the checks are effective , it should be provided 7-
that the stock records of mills should be kept in a uniform manner ; whereas , for
the same purpose, it is necessary to subject a representative number of mills to the
same checks as on producer organizations ,
HAS ADOPTED THIS REGULATION :
 ---pagebreak---                                                - 3 -
                                      Article 1
     For the 1981 / 82 marking year , the general rules laid down in the following Articles
     shall apply for the granting of olive oil production aid         as referred to in Article 5
    of Regulation No 136 / 66 / EEC „
                                      Art ic l e 2
    Product ion' aid shall be granted in respect of olive oil meeting the specifications laid
    down in points 1 and 4 of the Annex to Regulation No 136 / 66 / EEC .
     In the case of olive growers who belong to a producer organisation , production aid
    shall be paid for the quantity actually produced, provided that it was obtained at
    an approved mi 1 1 M
                                      Artic le 3
1 „ Each grower shall submit , by a date to be specified, a crop declaration showing :
    - particulars relating to olive trees grown and their location ,
    - a declaration stating that he has harvested the olives in the current marketing
       year ,
    - details of the purpose for which the olives are intended ;,
    - a declaration that the areas covered by the crop declaration were planted with olive
       trees not later than 31 October 1978 in France and Italy and 1 January 1981 in
       Greece *
    Where growers are members of a producer organization as referred to in Article 2
    of Regulation ( EEC ) No             / 81 , that organization shall submit a single crop
    declaration for all its members , and shall check the crop declaration of a percentage
    to be determined of growers who are members of the organizat ion *
2 „ For the purposes of this Regulation , 'grower' shall mean any producer of olives in­
    tended for the production of oil *
                              ,      Artic le 4
    Production aid shall be granted on application by each party concerned in the Member
    State in which the oil has been produced *
    In the case of growers who are not members of a producer organization , the crop decla­
    ration submitted by each one of them shall be deemed to be equivalent to an application
    for aid-
 ---pagebreak--- In the case of growers pho are members of a producer organization / that organization
shall submit every month a single application for aid for all members who have com­
pleted their oil production, provided that the checks referred to in Article 5 have
been carried out *                                    -
In the case of growers who are members of a producer organization who have sold their
production of olives , the application for production aid may not related to the quan*-
tity of oil produced unless that quantity can actually be determined *
                                                            v
                                  Article 5               ^
Before making out the application for aid, each producer organizations shall verify
the quantity of olive oil in respect of which aid is applied for by each of its mem­
bers .. For the purposes of such verification, the organization shall check in parti-
                                '                                       "<    ' V           : **
cular :           /                ' '             '■     ^
- that the    production of olives declared by each grower as having been pressed in
  an approved mill     tallies      with the particulars given on his crop declaration;
- that the particulars supplied by growers relating to the quantities of olives pressed
   and the quantities of oil obtained tallies with the quantities of olives and oil
   stated in 1he stock records of approved mills *
Where the particulars referred to in the first indent of paragraph 1 appear not to             x
tally, the producer organization , shall require all necessary supporting documents
be provided . _                                                                            „
If an examination of such documents does not enable the producer organization to es­
tablish the quantity of olives        produced, the file relating to the grower* concerned
shall be forwarded to the Member State *                        -                       1
Where the particulars referred to in the second indent of paragraph 1 appear not to
tally , the producer organization shall forward the grower 's file to the Member State *
                                  Article 6
The producer Member State shall be authorized to pay to producer organizations , ^s soon
as the application for aid has been submitted, an advance not exceeding 70 % of the
amount of aid applied for *          ' . -
                                                        :                   ν
Λ                    '
The Member States concerned shall determine the procedure for payment of aid by pro­
ducer organisations to their members *                                               *
The Member States shall communicate to the Commission the measures laid down for that
purpose,- as soon as they are adopted *
 ---pagebreak---                                           - 5 -
                                      Artie Le 7
 1 * Each producer organization shall check the activities and stock records of the approved
     mills indicated to it by the Member State concerned * The mills shall be chosen by
      the Member State concerned and must be representative of the pressing capacity of
     a given production zone ,
2 * Each producer organization shall inform the Member State concerned of the results
     of the checks referred to in      paragraph 1 .
                                      Artic le 8
1 M Each producer Member State shall set up a system of administrative checks ensuring
     that the product in respect of which aid is applied for is eligible for such aid *
2 * Producer Member States shall verify the activities of each producer organisation and ,
     in particular :
     - the checking operations carried out pursuant to Articles 5 and 7 ,
     - that crop declarations are      accurate ,
3 * With regard to the olive       oil referred to at point 1 of the Annex to Regulation
     No 136 / 66 / EEC and produced by growers who are not members of a producer organization ,
     the check shall be carried 'out by random sampling on the spot , and must make it
     possible to verify :
     - that         crop declarations are accurate ;
     - that the olive harvest has been completed;
     - that the olives harvested are to be used for the production of oil and , if possible ,
        that such olives have actually been processed into oil *
4 * The checks referred to in paragraph 3 shall relate to a percentage of growers to be
     determined , account being taken in particular of the size of holdings *
                                      Artic le 9
     Producer Member States shall require approved mills to keep standardized stock records
     meeting criteria to be laid down *
     The Member State concerned shall verify that the stock records are kept in conformity
     with the criteria in question *
                                      Artic le 10
1 * The producer Member State shall determine the quantity of olive oil eligible for aid
     on the basis of the applications submitted in accordance with the provisions of .
     Article 4 »
 ---pagebreak---                                              - 6 -
2 * The Member State shall determine the quantity of olive oil eligible for aid in
     the case of associated producers whose files have been forwarded to it by producer
     organizations in accordance with Article 5(2 ).,
     For this purpose/ it shall take account of the olive and oil yields fixed in accor­
     dance with Article 11 *                                                              .
3* Where the checks referred to in Articles 7 to 9 do not enable the figures appearing
     in the stock records of an approved mill to be confirmed , the Member State concerned,
     without prejudice to any sactions . appl icabte to the mill in question , shall determine
     the quantity of oil eligible for aid in the case Of each producer who is a member
     of an organization which has had its olive production pressed in the mill " in question *
4 * Moreover , with "regard to the olive oil referred to'at point 4 of the Annex to Regu-
     lation-No 136 / 66 / EEC , the quantity eligible for aid shall be determined on the basis ^
     of the     oil production referred to at point 1 of the Said Annex *
                                         •   Article 11
     The olive and oil yields referred to in the second indent of Article 5(2 ) of Regula­
     tion No 136 / 66 / EEC shall be fixed in respect of each homogeneous production zone
     on the basis of the figures supplied by producer Member States        not later than
     31 May 1982 . ,                       . '                                *      •. * . '
                                             Article 12
 1 . Member States shall , approve only mills which :                             :x
      ( a ) have    complied during the 1980 / 81 marketing year with the obligations laid down
            in Article 12 of Regulation ( EEC ) No 2529/ 80 ^;
      ( b ) have not    been prosecuted for irregularities found during checks made pursuant
                                                            (2)
            to Article 9 of Regulation ( EEC ) No 2941 / 80     ;                –
      ( c ) have ,        complying with certain criteria to be determined;             .
      ( d) keep      a stock record pursuant to Article - 9 ;. .
      ( e ) agree >   to undergo any check provided for under, the aid procedure *
      For the purposes of implementing the system of approval ^ the Member      State in question
      may obtain assistance from trade associations to which the said mills belong *
 2 * Approval shall be withdrawn where, except in cases of 'force majeure 1 , one of the
      conditions for approval set out in paragraph 1(c ), ( d ) or ( e ) is no longer fulfilled *
      ( 1 ) 0J No L 259 , 2*10*1980 , p * 3
      ( 2 ) 0J No L 305 , 14*11*1980 , p*' 18
 ---pagebreak---                           Art TC Le 13
Member States shall communicate to the Commission the measures which they lay
down for   the purpose of applying this Regulation *
                          Article 14
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                                                     For the Council
 ---pagebreak---                                                                                                                                                     I
         1           FINANCIAL                     STATEMENT
                                                                                                   Date : ■     ■;                                  1
                                                                     „
1 . BUDGET HEADING 1                 6310                                                          APPROBATIONS J'     378 Mio ECU '
2 . TITLE : Draft prcposal for a Council Regulation laying down general rules in respect
    of production aid for olive oil for the 1981 / 82 marketing year «
5 . LEGAL BASIS :                    Article 36 of Regulation No 136 / 66 / EEC of the Council
4 . AIMS or PROJECT :                This draft Regulation re-states the' rules a pplicable in this
    maater during the previous marketing year by making certain clarifications with
    regard to the checks , in particular the system of approval f or mi lis »
 5 . FINANCIAL IMPLICATIONS           .                PERIOD 09 12 MONTHS          CURRENT FLMANCIAL YEAR
                                                                                            F  R1     1             L   «?         1
 5.0 EXPENDITURE
      -
        - CM*«GY> TO THE EC BUDGET
           ( I^BßLSRNTERYENTIONS )                                (1)                          <1  )■ '■ '                   (1)
                                                                                                                         ST.     "
        - NATIONAL ADMINISTRATION
        « OTHER
 5.1 RECEIPTS
        - OWN RESOURCES OF THE EC                           Ι          '
           ( LEVI ES / CUSTOMS DUTIES )                                                                                  / '
        - NATIONAL
                                                              1983             :     1984     - ·.      1985
  5.0 . Τ ESTIMATED EXPENDITURE ·                                                      -r                   - ■
  5.1.1 ESTIMATED RECEIPTS
  5.2 METHOD OR CALCULATION                             (
                   '      .·                              :              '   '   "                                                 «·  ' Ν
  6.0 CAN | M (      PDOJÍCT tit F ] NANCfc D F ROM AFPROHIAT IONS ENTERED IN THE RELEVANT CHAPTER OF THE CURRENT BUDGET ?
                                                                                                                                        YEsKiBfl
  6.1     mum ßfisßa β sa rørøafrøsfl pmR m sa m                                   ssøMsasrøø
   6.2
  6.5
   OBSERVATIONS «            ( 1 ) They concern modifications of a purely technical nature / and
                                   has no financial incidence­
                                                                •          .   -          :                             • ■                ■        I
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