Commission Regulation (EC) No 1249/2002 of 11 July 2002 amending Regulation (EC) No 2366/98 laying down detailed rules for the application of the system of production aid for olive oil for the 1998/1999, 1999/2000, 2000/2001, 2001/2002, 2002/2003 and 2003/2004 marketing years

Commission Regulation (EC) No 1249/2002
of 11 July 2002
amending Regulation (EC) No 2366/98 laying down detailed rules for the application of the system of production aid for olive oil for the 1998/1999, 1999/2000, 2000/2001, 2001/2002, 2002/2003 and 2003/2004 marketing years
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation No 136/66/EEC of 22 September 1966 on the establishment of a common organisation of the market in oils and fats(1), as last amended by Regulation (EC) No 1513/2001(2), and in particular Article 5 thereof,
Having regard to Council Regulation (EC) No 2261/84 of 17 July 1984 laying down general rules on the granting of aid for the production of olive oil and of aid to olive oil producer organisations(3), as last amended by Regulation (EC) No 1639/98(4), and in particular Article 19 thereof,
Having regard to Council Regulation (EC) No 1638/98 of 20 July 1998 amending Regulation No 136/66/EEC on the establishment of a common organisation of the market in oils and fats(5), as amended by Regulation (EC) No 1513/2001(6), and in particular Article 4 thereof,
Whereas:
(1) Under Article 4 of Regulation (EC) No 1638/98 no olive grower aid may be paid in respect of additional olive trees planted after 1 May 1998 or those for which no crop declaration has been made by a date to be determined. Article 5(1) of Commission Regulation (EC) No 2366/98(7), as last amended by Regulation (EC) No 2070/2001(8), provides that exclusion from the aid relates to the production of additional olive trees planted after 1 May 1998 or those planted after 1 November 1995 for which no crop declaration has been made by 1 April 1999. However, additional olive trees in connection with the conversion of an old olive plantation or covered by a programme approved by the Commission may qualify for aid.
(2) The production of the additional olive trees referred to in the first subparagraph of Article 4 of Regulation (EC) No 1638/98 is not significant in the first three years after planting. However, from the 2002/03 marketing year, the production from these trees will become significant and must be taken into consideration for the purposes of exclusion from the production aid scheme. It is therefore necessary to provide for a system of calculation based on the quantity of virgin oil produced, the number of olive trees in production planted before and after 1 May 1998, and coefficients allowing oil production from additional olive trees which is not eligible for aid to be deducted from overall production. These coefficients are established on the basis of the forecast evolution of yields in relation to the age of the plantings.
(3) The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Oils and Fats,