CELEX: 31978R1419
Language: en
Date: 1978-06-20 00:00:00
Title: Council Regulation (EEC) No 1419/78 of 20 June 1978 amending Regulation No 136/66/EEC on the establishment of a common organization of the market in oils and fats

No L 171 /8                         Official Journal of the European Communities                             28 . 6 . 78
                                COMMISSION REGULATION (EEC) No 1419/78
                                                     of 20 June 1978
                amending Regulation No 136/66/EEC on the establishment of a common organi­
                                        zation of the market in oils and fats
THE COUNCIL OF THE EUROPEAN                                    which takes account of the subsidy received by the
COMMUNITIES,                                                   olive producers ;
Having regard to the Treaty establishing the European          Whereas it is therefore necessary to amend Article 10
Economic Community, and in particular Article 43               of Regulation No 136/66/EEC with effect from 1
thereof,
                                                               November 1973 so as to avoid a situation whereby oil
Having regard to the proposal from the Commission,             producers receive directly, in addition to the advan­
                                                               tage referred to above, the subsidy in respect of the
Having regard to the opinion of the European Par­              same production ;
liament (!),
                                                               Whereas, however, in France, in particular when the
Whereas Article 10 ( 1 ) of Council Regulation No 136/
                                                               olives are purchased by the miller and the olive
66/EEC of 22 September 1966 on the establishment
                                                               residue by industry, it is to the oil producer that the
of a common organization of the market in oils and
                                                               subsidy has been paid or promised ; whereas the price
fats (2), as last amended by Regulation (EEC) No
                                                               provided for in contracts assumes that the subsidy is
2560/77 (3), provides that where the production target
                                                               paid to the oil producer ; whereas provision should
price is higher than the market target price ruling at
                                                               consequently be made for appropriate transitional
the beginning of the marketing year, a subsidy equal           measures ,
to the difference between these two prices shall be
granted to producers of olive oil extracted within the
Community from olives harvested within the Commu­
nity ;                                                         HAS ADOPTED THIS REGULATION :
Whereas in its judgment in Case 36/77 the Court of
Justice of the European Communities held that the
expression 'producers of olive oil' within the meaning                                  Article 1
of Article 10 of Regulation No 136/66/EEC is to be
interpreted as referring to the producers of the               Article 10 ( 1 ) of Regulation No 136/66/EEC shall be
processed product constituted by the olive oil and              replaced by the following with effect from 1
that, consequently, it is to these latter that the subsidy      November 1973 :
must be granted ;
                                                                    ' 1 . Where the production target price is higher
Whereas Council Regulation (EEC) No 3209/73 of 27                   than the market target price ruling at the begin­
 November 1973 on the subsidy for olive oil (4), as last            ning of the marketing year, a subsidy equal to the
 amended by Regulation (EEC) No 2363/77 (5),                        difference between these two prices shall be
 provides that, with effect from 1 November 1973, the               granted to the producers of olives harvested in the
 application for the subsidy may be presented by                    Community in respect of the quantity of oil
 producers of olives who have submitted a declaration               extracted therefrom .'
 of cultivation ;
 Whereas it is pursuant to that Regulation that the
                                                                                        Article 2
 subsidy has been granted to olive producers since 1
 November 1973 ; whereas in view of the interpreta­
 tion given by the Court in the abovementioned judg­            By way of derogation from Article 1 , the subsidy
 ment, it is however to be expected that the subsidy            provided for in Article 10 of Regulation No 136/
 will be claimed by oil producers who are not them­             66/EEC shall be granted to producers of oil in respect
 selves the producers of the olives ; whereas such appli­       of    oil extracted  from   olives harvested  before    1
 cations would not be justified economically, since the         November 1978, where this is provided for by the
 oil producers already benefit indirectly from the              legislation of the Member State concerned.
 subsidy through having purchased the olives at a price
 (') Opinion delivered on 14 June 1978 (not yet published in                            Article 3
     the Official Journal).
 (2) OJ No 172, 30. 9. 1966, p. 3025/66.                        This Regulation shall enter into force on the day of its
 (3) OJ No L 303, 28. 11 . 1977, p. 1 .
 (4) OJ No L 327, 28. 11 . 1973, p. 15.                         publication in the Official Journal of the European
 (5) OJ No L 277, 29. 10. 1977, p. 4.                            Communities.
 ---pagebreak--- 28 . 6 . 78                    Official Journal of the European Communities                        No L 171 /9
            This Regulation shall be binding in its entirety and directly applicable in all Member
            States .
            Done at Luxembourg, 20 June 1978 .
                                                                     For the Council
                                                                       The President
                                                                       P. DALSAGER