11.8.2004 EN Official Journal of the European Union L 264/6
COMMISSION REGULATION (EC) No 1432/2004
of 10 August 2004
amending Regulations (EC) No 2366/98 laying down detailed rules for the application of the system of production aid for olive oil for the 1998/99 to 2003/04 marketing years and (EC) No 2768/98 on the aid scheme for the private storage of olive oil
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 136/66 of 22 September 1966 on the establishment of a common organisation of the market in oils and fats (1), and in particular Articles 5 and 12a 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 (2), and in particular Article 4 thereof,
Whereas:
(1) Commission Regulation (EC) No 2366/98 (3) lays down detailed rules for applying the system of production aid for olive oil provided for in Article 5 of Regulation 136/66/EEC for the 1998/99 to 2003/04 marketing years.
(2) Since Council Regulation (EC) No 865/2004 of 29 April 2004 on the common organisation of the market in olive oil and table olives and amending Regulation (EEC) No 827/68 amends Article 5 of Regulation 136/66/EEC to continue the existing production aid scheme for the 2004/05 marketing year, application of Regulation (EC) No 2366/98 should be extended to cover that marketing year also.
(3) Only areas planted to olives before 1 May 1998, areas under replacement olive trees and areas covered by a programme approved by the Commission are eligible for the aid, in accordance with Article 4 of Regulation (EC) No 1638/98. In the case of Cyprus and Malta, the final date is set at 31 December 2001, following an amendment made by the Act of Accession of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia. The implementing rules relating to Article 4 of that Regulation should be adapted accordingly.
(4) Article 5 of Regulation (EC) No 2366/1998 requires olive growers to submit declarations when they plant new trees and Member States to provide the Commission with information on such planting and to impose penalties for infringements. For the purposes of these obligations, the above Article 5 lays down a timetable based, in particular, on the date of entry into force of Regulation (EC) No 2366/1998 and 1 May 1998 as the date from which new planting is excluded from all future aid schemes, unless covered by a programme approved by the Commission. Certain of the dates provided for in Article 5 should be adapted to enable the new producer Member States to apply it, taking account of the final date fixed for Cyprus and Malta.
(5) Article 12a of Regulation (EC) No 2366/1998 should also be adjusted in order to calculate the production of additional olive trees not eligible for aid during the 2003/04 marketing year.
(6) Commission Regulation (EC) No 2768/98 (4) lays down special terms for implementing the private storage arrangements for olive oil provided for in Article 12a of Regulation 136/66/EEC until 31 October 2004.
(7) Since that scheme is to continue for the 2004/05 marketing year, the date referred to in Article 1(2) of Regulation (EC) No 2768/98 should be amended.
(8) Regulations (EC) Nos 2366/98 and 2768/98 should therefore be amended accordingly.
(9) The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Oils and Fats,
Regulation (EC) No 2366/98 is hereby amended as follows:
1. in the title, ‘2003/04’ is replaced by ‘2004/05’;
2. Article 4 is amended as follows:
(a) the first subparagraph of paragraph 1 is replaced by the following:
(b) the first sentence of the first subparagraph of paragraph 2 is replaced by the following:
3. Article 5 is amended as follows:
(a) the following subparagraph is inserted after the first subparagraph:
— either the planting or part thereof was carried out before 31 December 2001 in the case of Cyprus and Malta or before 1 May 1998 in the case of Slovenia,
— or the planting accompanied by grubbing as referred to in the second indent of the first subparagraph was carried out after 31 December 2001 and before 1 November 2004 in the case of Cyprus and Malta, or after 1 May 1998 and before 1 November 2004 in the case of Slovenia.’;
(b) the first subparagraph of paragraph 2 is replaced by the following:
(c) Paragraph 4 is replaced by the following:
4. the following subparagraphs are added to Article 12a:
— the number of additional olive trees planted between 1 May and 31 October 1998, multiplied by 0,90, and
— the number of additional olive trees planted between 1 November 1998 and 31 October 1999, multiplied by 0,70, and
— the number of additional olive trees planted between 1 November 1999 and 31 October 2000, multiplied by 0,35.
— the number of olive trees in production planted before 1 May 1998, and
— the number of olive trees in production planted between 1 May and 31 October 1998, multiplied by 0,90, and
— the number of additional olive trees planted between 1 November 1998 and 31 October 1999, multiplied by 0,70, and
— the number of olive trees in production planted between 1 November 1999 and 31 October 2000, multiplied by 0,35.’;
5. in the second subparagraph of Article 14(1), ‘2003/04’ is replaced by ‘2004/05’;
6. Article 27(2) is amended as follows:
(a) the first subparagraph is replaced by the following:
(b) in the fourth subparagraph, the first sentence is replaced by the following:
7. Article 29(1) shall be replaced by the following:
8. the third indent in the second subparagraph of Article 30(1) is replaced by the following:
‘— 20 % from 2000/01 to 2004/05.’;
9. the third paragraph of Article 32 is replaced by the following:
In Article 1(2) of Regulation (EC) No 2768/98, ‘31 October 2004’ is replaced by ‘31 October 2005’.
This Regulation shall enter into force on the seventh day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.