CELEX: 51978PC0176
Language: en
Date: 1978-04-24
Title: Amendments to the Proposal for a COUNCIL REGULATION amending Regulation No 136/66/EEC on the establishment t of a common organization of the market in oils and fats (submitted to the Council by the Commission pursuant to the second paragraph of Article 149 of the EEC Treaty)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (78) 176
Vol. 1978/0058
 ---pagebreak--- Disclaimer
Conformément au règlement (CEE, Euratom) n° 354/83 du Conseil du 1er février 1983
concernant l'ouverture au public des archives historiques de la Communauté économique
européenne et de la Communauté européenne de l'énergie atomique (JO L 43 du 15.2.1983,
p. 1), tel que modifié par le règlement (CE, Euratom) n° 1700/2003 du 22 septembre 2003
(JO L 243 du 27.9.2003, p. 1), ce dossier est ouvert au public. Le cas échéant, les documents
classifiés présents dans ce dossier ont été déclassifiés conformément à l'article 5 dudit
règlement.
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
amended by Regulation (EC, Euratom) No 1700/2003 of 22 September 2003 (OJ L 243,
27.9.2003, p. 1), this file is open to the public. Where necessary, classified documents in this
file have been declassified in conformity with Article 5 of the aforementioned regulation.
In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1.
Februar 1983 über die Freigabe der historischen Archive der Europäischen
Wirtschaftsgemeinschaft und der Europäischen Atomgemeinschaft (ABI. L 43 vom 15.2.1983,
S. 1), geändert durch die Verordnung (EG, Euratom) Nr. 1700/2003 vom 22. September 2003
(ABI. L 243 vom 27.9.2003, S. 1), ist diese Datei der Öffentlichkeit zugänglich. Soweit
erforderlich, wurden die Verschlusssachen in dieser Datei in Übereinstimmung mit Artikel 5
der genannten Verordnung freigegeben.
 ---pagebreak---             COMMISSION OF THE EUROPEAN COMMUNITIES
                                                                                               COM(78)176 final.
                                                                                               Brussels , 24 April 1978
                                        Amendments to the
                                             Proposal for a
                                        COUNCIL REGULATION
                       amending Regulation LTo 136/ 66/EEC on the establishment                                 t
                       of a common organization of the market in oils and fats
                       ( submitted to the Council by the Commission pursuant
                         to the second paragraph of Article 149 of "the ESC Treaty )
                                      '                       ■      ,          ■    -
                                  '       (-■' ^
                                          V –··
                                                                    : ,     ·
                                                                                      :'-,i :■
                                                                                             *
                                          v                                               T       -
                                           s                                           ■  ..
                                        . : 'ν··                  ■      . ·■          *
                                             ν:" ■           ■ ·     ■ , '
                                                ν .
>                                                \ ,
                                                     X-'                          -y
                                                         "t.    "             >
COM ( 78 ) 176 final .
 ---pagebreak---                                  EXPLANATORY MEMORANDUM
  At point 5 of the Explanatory Memorandum accompanying the proposal for a Council Regu­
  lation amending Regulation No 136/ 66/ EEC on the establishment of a common organization
  of the market in oils and fats , the Commission stated its intention of consulting the
■ authorities of the two countries principally concerned with olive oil , Italy and
  France .
  As a result of these consultations and of the discussion devoted to the proposal in the
  Council of Ministers and European Parliament , it appears advisable to make changes affec
  ting two of the main aspects of the initial proposal , i.e. the production aid arrange­
  ments and the consumption aid arrangements and to introduce certain nex provisions de­
  signed to help the astern work satisfactorily .
  A. Amendments
      1 . Production aid
          Under the initial proposal all producers whether members of a producer group or
          not were to be paid a production aid fixed by the Council , the final amount of
          which would depend on the number , production potential and olive and oil yielcfc of
     the trees, these yields being fixed at flat rates .         ^
          This standardisation of the production aid is necessitated by the difficulty
          that has been fouund in checking the quantities of oil actually produced . However
          in view of the guarantees which the producer groups are giving of their ability
          to check their member 's production figures the aid fro growers who are members
          of these groups can be granted on the basis of the quantities actually produced
          and the flat-rate amount reserved for growers who are not members of a group .
      2 . Consumption aid
          In the iritial proposal this was equal at the maximum to the difference between
          the production target price less the production aid and the market target price .
          It is now proposed that this consumption aid should be increased by revising the
          market target price downwards , this revision to be made only once per season .
          It is also intended that the consumption aid be reduced if the average prices
          recorded at the principal community marketing centres are higher than the target
          price .
  j       Revision of the consumption aid upwards by changing the market target price is
          a matter for the Council . Any reduction can be made as often as necessary throuth
          the Management Committee procedure .
          Discussions with the various authorities have made it clear that for the marke­
          ting aid ^fitem to work well the operators will have to know in advance what
          amount of aid they will be paid and any change in the consumption aid will have
          to be accompanied by a change in the price level of imported oil in order to
 ---pagebreak---     maintain the balance between the two and consequantly maintain preference for
    the Community product .
    It has also seemed advisable to make it possible to change the level of the
    consumption aid more than once por season, in accordance with precise criteria set
    by the Council . Lastly for the sake of efficienty the s>stem should be made more
    flexible by using a simpler procedure to make the abovementioned changes than
    that originally envisaged .
New provisions
1 . In order to ensure efficient management of the consumption aid Member States
    which entrust this to a trade organisation under their control should be able to
    authorise the organization to levy a fee from the recipients of the aid to cover
    running costs .
2 . It is planned that the Member States should take the necessary measures required
    to ensure that the obligations in connection with the production and consumption
    aid schemes are respected .
3 . It is also provided that when a producer group does not meet all of its obliga­
    tions its recognized status will be withdrawn .
 ---pagebreak---  Amendments to the proposal for a Council ftegulation amending Regulation No 136/ 66/ EEC
on the establishment of a common organization of the market in oils and fats
 1 Articles 4, 5, 9, 11 and 20c are replaced by the following Articles :
»
     Article 4
,    1 . The following shall be fixed each year for the Community :
          ( a ) before 1 August for the marketing year beginning the following year :
                a production target price and an intervention price for olive oil ;
          ( b) before 1 October for the following marketing year : a representative market
                price and a threshold price for olive oil .
          However , when there is a marked change during the marketing year in the factors
          which were used to determine the representative market price for olive oil , it may
          be decided, in accordance with the procedure laid down in Article 38 , to change
          the representative market price and the threshold price during the marketing year .
     2 . These prices shall be fixed at the wholesale stage for a standard quality of oil
          answering one of the descriptions in the Annex .
     3 . The olive oil marketing year shall begin on 1 November and shall end on 31 October
          of the following year
     4 . The prices referred to in paragraph 1(a ) and the standard quality referred to in
          paragraph 2 shall be adopted in accordance with the procedure laid down in
          Article 43 ( 2 ) of the Treaty .
           The prices referred to in paragraph 1(b ) shaU.be adopted by the Council acting
           by a qualified majority on a proposal from the Commission . The same procedure shall
           be used for adopting the general rules of application of the last sub-peragraph
           of paragraph 1 .                                                        V
      Article 5
      1 . Aid for the production of olive oil shall be introduced . This aid , uniform in
           amount throughout the Community , shall be fixed anncdly before 1 August for the
           marketing year commencing the following year , in accordance with the procedure
  I         laid down in Article 43 ( 2 ) of the Treaty . The aid, which is designed to contri-
   I       bute towards the establishment of a fair income for producers , shall be fixed
            taking account of the effect of the consumption aid referred to in Article 11
            on a part of the production only .
        2 . The aid shall be granted :
            - to individual growers,on the basis of the number and production " potential
               of the olive trees which they cultivate and of their yields as fixed according
               to a flat rate ;
 ---pagebreak---                                              2
    - to growers who are memebers of a producer group recognized under Regulation
      ( EEC ) No . . . ./ 78, on the basis of the quantity of oil actually produced by
      them .
    The aid shall however be granted only in respect of areas planted with olive trees
    at the date of entry into force of this Regulation . Further the aid shall be
    granted to individual growers only if the olives produced have been actually harveied
3 . Recognized producer groups may assist in establishing the production potential
    and yields referred to in the previous paragraph .
4 . The Council , acting by a qualified majority on a^proposalfrom the Commission, shall
    adopt       the rules       of    application of this Article .
    In accordance with the same procedure /the Council may decide to allocate a
    percentage to be determined of the production aid earmarked for all or some
    producers to the financing of regional measures to improve the quality of olive
    production .
5 . Detailed rules         of    application of this Article shall be adopted in accordance
    with the procedure laid down in Article 38 Bnd where appropriate in accordance
    with the procedure laid down in Article 13 of Regulation ( EEC ) No 729 / 70 .
Article 9
The threshold price shfcll be fixed in such a way that the selling price for the
imported product at a Community frontier crossing point shall be the same as the
representative market price, due account being taken of the effects of the measures
referred to in Article 11 ( 3 ). Such frontier crossing point shall be determined in
accordance with the procedure laid down in Article 38 .
Article 11
1 . Where the production target price less the production aid exceeds        than the
    representative market price for olive oil, a consumption aid shall be granted for
  olive oil produced in the Community . The aid shall be equal to the difference
    between these two amounts .
2 . When a trade organization under the control of the Member State concerned is
    entrusted with the management of the consumption aid arrangements, the Member           !
    State in question may authorize such body to levy from the recipients of the aid
    a fee to cover the expenses incurred in managing such arrangements .
3. The Council , acting by a qualified majority on a proposal from the Commission,
    shall decide each year before 1 October for the following marketing year
    percentage of the consumption aid which 1s to be allocated to publicity campaigns
    designed to keep consumption of olive oil in the Community at a certain level .
 ---pagebreak--- 4 . The Council , acting by a qualified majority on a proposal from the Commission,
    shall adopt the rules of application of this Article and in particular those
    relating to the verification of eligibility for aid; such verification shall
    in principle relate both to olive oil produced in the Community and to olive oil
    imported from non-member countries .-
5 . Detailed rules      of   application of this Article shall be adopted in accordance
    with the procedure laid down in Article 38 and where appropriate in accordance
    with the procedure laid down in Article 13 of Regulation ( EEC ) No 729 / 70 .
Article 20c
1 . In the olive oil sector , the producer groups provided for by Council Regulation
    ( EEC ) No ,.../ 78 of        , shall , in. order to be recognized, in addition to
    satisfying the conditions laid down by the said Regulation :
    - be able to verify the actual production, of their members ,
    - be authorized to submit a single application for all their producer members ,
    - be authorized to receive the aid and pay to each member his share .
    Recognition of a producer group shall be withdrawn if the conditions for reco­
    gnition referred to above have not been or are no longer satisfied .
The following Article 11(a ) is added to the proposal for a Regulation .
Article 11
Member States shall take the necessary measures to provide for sanctions in the
case of breaches of the aid arrangements laid down in Articles 5 and 11 .
Member States shall communicate to the Commission the measures provided for
in the previous paragraph, immediately that they are adopted .