31971R2510

60 Official Journal of the European Communities

24.11.71 Official .Journal of the European Communities No L 259 / 29

REGULATION (EEC) No 2510/ 71 OF THE COMMISSION

of 22 November 1971

on detailed rules for the subsidy for olive oil

THE COMMISSION OF THE EUROPEAN COMMUNI­ Whereas , if the system of cultivation declarations is to TIES, operate correctly , a final date for the lodgment of such declarations must be fixed; Having regard to the Treaty establishing the European Economic Community ; Whereas , to ensure that the system of cultivation decla­ rations is properly applied, the factors to be taken into Having regard to Council Regulation No 136/66/EEC 1 account when the target yields referred' to in Article . 6 of of 22 September 1966 on the establishment of a common Regulation (EEC) No 2311/71 are being set must be organization of the market in oils and fats , as last specified ; amended by Regulation (EEC) No 2554/702, and in particular Article 10 ( 3) thereof; Whereas it would be preferable if the competent profes­ sional bodies could be involved in supervision and in the Having regard to Council Regulation No 162/66/EEC 3 determination of target yields , in view of the technical of 27 October 1966 on trade in oils and fats between the aspects of these operations ; Community and Greece ;

. Whereas Article 7 of Regulatiqn (EEC) " No 2311 /71 Having regard to Council Regulation (EEC) No 2311/ requires producing Member States to verify the accuracy 7i 4 of 29 October - 1971 on the subsidy for olive oil, and of stock records of oil mills and olive-residue oil extrac­ in particular Article 8 ( 2) thereof; tion plants ; whereas, in view of the large number of oil mills in operation and the administrative facilities now Whereas Council Regulation (EEC) No 2311/ 71 laid available to Member States , spot checks must be made down the principles under which the subsidy referred to on a sufficiently representative number of oil mills ; in . Article 10 of Regulation No 136/66/EEC is granted and contained, measures to ensure that that subsidy is Whereas experience has shown that in certain cases it is granted only in respect of products which are entitled to not possible to check whether the quantity of olives indi­ it; whereas it is for the Commission to adopt detailed cated in the application tfor subsidy is consistent with the rules for applying this Regulation for the 1971/ 72 mar­ quantity indicated in oil mill stock records ; whereas keting year ; provisions must be adopted to overcome this difficulty ;

Whereas Article 3 of Regulation (EEC) No 2311/ 71 Whereas uncertainty may arise as to the quantity of oil provides for the setting up of a system of supervision tp entitled to subsidy as a result of a discrepancy between check that the quantity of oil in respect of which an ap­ the quantity in respect of which an application is made plication for subsidy is lodged is consistent with the for subsidy and the quantity indicated in the stock re­ quantities of products from which oil is extracted, the cords ; whereas , since olive and oil yields are only intend­ actual quantity of oil produced and potential production ed to serve as a guide, it may happen that the quantity in for the 1971/72 marketing year; whereas, therefore, ap­ respect of which an application is made for subsidy ex­ plications for subsidy , stock records of oil mills and ceeds that resulting from the application of those yields olive-residue oil extraction plants and cultivation decla­ to cultivation declarations ; whereas , in such cases, the rations to be lodged by olive producers must contain quantity to be accepted for subsidy should be , determined enough information to make it possible to check this by the competent bodies of the Member States ; consistency ;

Whereas it may also happen that the quantity of olive­ residue oil in respect of which an application is made for subsidy exceeds that resulting from the application to olive residues received by extraction plants of the aver­ 1 OJ No 172, 30.9.1966 , p.3025/66 . age yields of olive-residue oil for different areas ; where­ 2 OJ No L 275 , 19.12.l970,p.5 . 3 OJ No 197,29.10.1966 , p.3393/66 . as , in such cases , the quantity to be accepted for subsidy 4 OJ No L 244, 30.10.1971 , p.7 . should be determined as indicated above;

Official Journal of the European Communities 61

Whereas Artilce 3(4) of Regulation (EEC) No 2311/71 (c) the oil mill or mills in which the oil was produced, provides that Member States may determine the quantity indicating for each of these the quantity of olives of olive-residue oil which will be accepted for subsidy , used and the quantity of oil produced ; notably on the basis of virgin olive oil production, where­ (d) the location of the farm or farms on which the olives as the normal ratio between quantities of virgin olive oil were harvested, with a reference to the cultivation and olive-residue oil from the same batch of olives must declaration for the farm or farms in question ; be taken into account when that quantity is being deter­ mined; (e) in addition , for the 1971 / 72 marketing year, the ap­ plicant shall complete his application by certifying, Whereas the proper functioning of the system of supervi­ where necessary , that the> cultivation declaration sion referred to in Article 8(1 ) of Regulation (EEC) No lodged for the 1969/ 70 and 1970/ 71 marketing 2311/ 71 may be ensured if the products referred to years is still valid . therein are placed under supervision until such time as the oil contained in these products is no longer in a con­ 2 . For olive-residue oil , the application for subsidy shall dition to be accepted for subsidy ; contain , at the least , the following information :

(a) the surname, first name and address of the applicant ; Whereas it must be possible to distinguish in intra­ Community trade between those products which must (b) the weight of oil , specifying that the product is ojive­ and those which need not be subjected in the Member residue oil ; State of destination to the system of supervision referred to above ; whereas this could be done by using the docu­ (c) the extraction plant in which the oil was produced .ments introduced by Council Regulation (EEC) No 542/ 69 1 of 18 March 1969 on Community transit and Where a Member State invokes the provisions of Article Commission Regulation (EEC) No 2313/69 2 of 19 3(4) of Regulation (EEC) No 2311/ 71 the application November 1969 on the- internal Community transit do­ for subsidy referred to in paragraph 1 shall also cover cument for certifying the Community nature of goods ; olive-residue oil .

Whereas Article 8(1) of Regulation (EEC) No 2311/ 71 In such cases , the application shall specify under ( e) the provides that supervision may be accompanied by the quantities of olive residue obtained. lodging of a deposit ; whereas the latter must be lodged in those olive-oil producing Member States where subsidy can be applied for ; whereas the arrangements for this Article 3 deposit must be determined particulary by fixing the 1 . The regions referred to in Article 2(1 ) of Regulation amount of the deposit at a level which will ensure that (EEC) No 2311/ 71 shall be determined by producing there is no incentive to apply unlawfully for subsidy for Member States . oil contained in products subject to supervision ;

2 . The number of applications for subsidy to be lodged Whereas the measures provided for in this Regulation by each applicant shall be fixed in the light of the need to are in accordance with the Opinion of the Management check consistency as required by Article 10 ( 1) (b) of this Committee for Oils and Fats , Regulation . •

HAS ADOPTED THIS REGULATION : 3 . Each producing Member State shall fix for each re­ gion a final date for lodging applications for subsidy , A rticle 1 this date to be as close as possible to the end of oil prod­ uction in the region in question . These dates may be dif­ This Regulation lays down detailed rules for granting the ferent for virgin olive oil and olive-residue oil . subsidy for olive oil for the 1971/72 marketing year.

However, the lodging of applications in respect of virgin olive oil must terminate before the fixing , referred to in A rticle 2 Article 8 ( 2) takes place. 1 . For virgin olive oil, the application for subsidy shall contain , at the least, the following information : A rticle 4 (a) the surname, first name and address of the applicant ; 1 . In producing Member States oil mills shall keep daily stock records which shall indicate, at the least : (b) the weight of oil, specifying that the product is virgin olive oil ; (a) the quantities of olives received , batch by batch , stat­ ing the person for whom they are crushed ;

(b) the quantities of olives crushed ;

(c) the quantities of oil obtained ; 1 OJ No L 77, 29.3.1969, p.l . 2 OJ No L 295 , 24.1 1.1969 , p.8. (d) the quantities of olive residue obtained ; :

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(e) the quantities of oil leaving the mill, batch by batch , (c) for oils which were not obtained in the plant in ques­ stating the reason for their despatch and the reci­ tion during the 1971 / 72 marketing year, the stocks . pient ; carried over and the quantities received and des­ patched, stating the reason for their movement and (0 the quantities of olive residue used in the mill or where appropriate the consignor or the recipient . leaving the mill batch by batch, stating the reason for these operations and, where they leave the mill , the recipient . A rticle 5

1 . Each olive producer shall lodge a single cultivation 2. Subject to Article 3 (4) of Regulation (EEC) No 23.11/ declaration for those of his farms which are situated in 7 1 * olive-residue oil extraction plants in producing one of the regions referred to in Article 3(1 ). Member States shall keep daily stock records which shall indicate, at the least : Where several producers are associated in a single farm a single cultivation declaration shall be lodged for that , (a) the quantities of - olive residue received, batch by farm ; in such cases the surname and first names of each batch , and the oil mill from which they came; of the associated producers shall be indicated. (b) the quantity of oil contained in the residues received ; (c) the quantities of residue used; 2 . Producing Member States shall fix the final date for lodging cultivation declarations . (d) the quantities of oil obtained;

(e) the quantities of oil leaving the plant, batch by batch, A rticle 6 stating the reasorv for their despatch and the reci­ 1 . The cultivation declaration shall indicate in pient ; particular : (0 the quantities of residue used up, either used in the (a) the surname, first name and address of the person plant or leaving it , batch by batch, stating the reason , lodging the declaration ; ' for these operations and, where they leave the plant, the recipient. (b) the location of the farm or farms ;

(c) the surface area planted with olive trees ; 3 . The quantities of oil referred to in 1 (c) and 2 (d) shall (d) the total number of olive trees actually cultivated; be those obtained after deducting the weight of water and impurities in accordance with commercial practice. (e) the number of crop-yielding olive trees the olives from which are nomally used for purposes other than The quantities of oil referred to in 2 (b) shall be deter­ oil production ; mined by analysis carried out in accordance with the (0 the number of crop-yielding olive trees the olives method laid down by Member States . from which are normally used for oil production , • stating the number of olive trees under special cul­ 4 . Oil mills shall keep separate stock records indicating, tivation and the number under mixed cultivation ; at the least : (g) for each of the two types of cultivation referred to in (a) for olives imported from Greece or third countries , (0 above : the information provided for in paragraph 1 except­ — the number of olive trees grown by irrigation, and ing the name of the producer; - where possible, the main varieties and the shape (b) for oils which were not obtained in the oil mill in pruning . question during the 1971/72 marketing year, the stocks carried over and the quantities received and 2 . Member States may have cultivation declarations al­ despatched, stating the reason for their movement ready lodged or to be lodged supplemented by the land and'where appropriate ,the consignor or the recipient . register reference of the farms which are the subject of that declaration .

5 . Subject to Article 3 (4) of Regulation (EEC) No 2311/ A rticle 7 71 , olive-residue oil extraction plants shall . keep sep­ arate stock records indicating, at least : 1 . In producing Member States :

(a) for the products listed in Article 1 (2) (e) of Regula­ (a) oil mills shiall be subject to spot checks . These checks tion No 136/66/EEC imported from Greece or will be made ' on a representative proportion of the from third countries , the information provided for in mills in operation, taking into account operational paragraph 2 excepting the oil mill from which the methods , production capacity and geographical dis­ residue came ; tribution ;

(b) for the products listed in Article 1 ( 2) (e) of Regula­ (b) subject to Article 3 (4) of Regulation (EEC) No 231 1 / tion No 136/66/EEC falling within heading No 71 olive -residue oil extraction plants shall be sub­ 15.17 A of the Common Customs Tariff and pro­ ject to supervision as from their opening for recep­ duced within the Community , the quantities referred tion of olive residues to the closing of the stock re­ to in paragraph 2 and where they came from ; cords for olive oil entitled to benefit from subsidy .

Official Journal of the European Communities 63

2 . The supervision referred to in paragraph 1 shall con­ Article 11 cern in particular : Where it is not possible to check consistency between the (a) consistency between recorded an actual stocks ; quantity of olives indicated in the application for subsidy and the quantity indicated in the records referred to in (b) as regards extraction plants , the quantity and quality Article 4(1 ) as a result of the supply to oil mills of the of products referred to in Article 1 (2) (e) of Regula­ joint olive production of several farmers , the competent tion No 136/66/EEC received and despatched and bodies shall decide on the quantity of olives to be used the quantity of oil produced, received and des­ for determining the quantity of oil entitled to subsidy . patched. . *

Article 12 Articles 1 . If the supervision referred to in Article 10(1 ) (a) 1 . The target yields referred to in Article 6 of Regula­ shows that the quantities of olives indicated in the appli­ tion (EEC) No 23 1 1/7 1 shall be established in the dif­ cation for aid are greater than those indicated in the ferent production regions on the basis of factors likely to stock records referred to in paragraph 1 . or if the super­ affect the yield of olives and oil . vision referred to in Article 10 ( 1 ) (b) shows that the quantity of oil indicated in the application is greater than 2. The target yields shall be fixed, on the basis of infor­ that resulting from the application of target yields to cul­ mation collected in due time, prior to a date to be deter­ tivation declarations , the competent bodies shall decide mined by the Member States . This date may not be later than 15 June 1971 . on the quantity of oil entitled to subsidy , after an investi­ gation and where necessary after hearing the parties concerned.

Article 9 2 . If the supervision referred to in Article 10(2) shows Representatives of professional bodies may be involved that : in the work of the bodies appointed to determine target (a) the quantity of oil indicated in the application is yields and in the supervision referred to in Article 7 of greater than , that indicated in the stock records re­ Regulation (EEC) No 231 1/ 71 . ' ferred to in Article 4 ( 2), or

(b) the quantities of residue received indicated in the abovementioned records are greater than the quanti­ Article 10 ties sent by the oil mills and indicated in the records referred to in Article 4 ( 1 ), of 1 . Supervision of applications for subsidy for virgin olive oil shall involve, among other measures : (c) the quantity of oil ' indicated in the application is greater than that resulting from the application of the (a) checking consistency between the quantities of olives yields referred to in Article 10 ( 2) ( c) to residues re­ and oil indicated in applications and the quantities ceived by the extraction plant in question , indicated in oil mill stock records ;

(b) checking consistency between the quantities of olives the competent bodies shall decide on the quantity of oil and oil indicated in applications and the quantities entitled to subsidy , after an investigation and where ne­ resulting from the application of target yields to the cessary after hearing the parties concerned . relevant cultivation declarations . 3 . Producing Member States shall report to the Com­ 2 . Subject to Article 3(4) of Regulation (EEC) No 23 1 1/ mission on the application of the provisions of this 71 supervision of applications for subsidy for olive-re-. Article. sidue oil shall be carried out by :

(a) checking consistency between the quantities of oil Article 13 indicated in applications and the quantities indicated Where a producing Member State invokes the provisions in the stock records of the extraction plants in ques­ of Article 3(4) of Regulation (EEC) No 2311 / 71 , the tion; quantity, of olive-residue oil entitled to subsidy shall be (b) checking consistency between the quantities of olive equal to 9*5% of the quantity of virgin olive oil produced residue received indicated in the stock records of ex­ by pressing from the olives from which the residue came traction plants and the quantities sent to those plants and in respect of which entitlement to subsidy is recog­ by oil mills ; nized.

( c) checking consistency between the quantity of oil in Article 14 respect of which an application is made for subsidy and the quantities resulting from the application, to 1 . In accordance with Article 8(1 ) of Regulation (EEC) the olive residue from which the oil was obtained, of No 231 1/ 71 , each Member State shall set up a system of average industrial residue yields determined by re­ customs control or administrative supervision offering gion in each producing Member State. equivalent guarantees in respect of the products referred

64 Official Journal of the European Communities

to in Article 1 (2)(d) and (e) of Regulation No 136/66/ provenance can only be furnished by submitting to the EEC imported from Greece or from third countries . competent authorities of the Member State of destination either a document T2 as referred to in Article 39 of 2 . The same system of supervision shall be applied to Regulation (EEC) No 542/69 or a document T2 L as the products referred to in Article 1 ( 2) (d) and (e)' of referred to in Article 1 of Regulation ( EEC) No 2313/69 Regulation No 136/66/EEC coming from another which indicates in its Section 31 , in addition to the de­ Member State, excepting those for which proof is fur­ scription of goods , the following : nished in accordance with Article 16 that they were not (a) the net weight of the goods ; subject in the Member State of provenance to the above­ mentioned system of supervision . (b) one of the following endorsements :

' Produit non importé des pays tiers ou de la Grece 3 . Supervision shall apply until such time as the oil con­ nicht aus Drittländern oder aus Griechenland tained in the products subject to that supervision no lon­ eingeführtes Erzeugnis' ger qualifies for subsidy . ' prodotto non importato dai paesi terzi o dalla Gre­ Article 15 cia' ' .

1 . For products referred to in Article 15(1 ) of Regula­ ' niet uit derde landen of Griekenland ingevoerd pro­ tion No 136/66/EEC , olive-oil producing Member dukt' States shall and other Member States may include the (product not imported from third countries or from lodging of a deposit in the system of supervision referred Greece). to in Articlfe 14 .

Article 1 7 2. For each product subject to supervision the deposit shall be equal to the amount of subsidy corresponding to Oil contained in the products referred to in Article 14(1 ) the quantity of oil contained in those products , plus shall be considered to no longer qualify for subsidy with­ 10%. This quantity shall be calculated in accordance in the meaning of this Regulation where proof is fur­ with Articles 6 , 7 ( 2) and 8 (2) of Council Regulation No nished that those products have been : 166/66/EEC 1 of 27 October 1966 on the levies applica­ - processed into oil in respect of which application can­ ble to olive oil which has undergone a refining process not be made for subsidy , 1 and to certain products containing olive oil . - exported to third countries or Greece,

3 . The deposit may be lodged in currency or in the form - despatched from the territory of one Member State to of a guarantee meeting the criteria fixed by each Member another Member State and in respect of which a T2 State. or T2 L document has been issued which does not contain the information referred to in Article 16 , 4. The deposit shall be forfeited in whole if within four - treated in such, a way that they can no longer be pro­ months of its being lodged proof is not furnished that the cessed into oil . oil contained in the products concerned is no longer in a condition to qualify for subsidy . Article 18 Article 16 This Regulation shall enter into force on the third day Proof that the products were not subject to the supervi­ following its publication in the ' Official Journal of the sion referred to in Article 14 in the Member State of European Communities .

This Regulation shall be binding in its entirety and directly applicable to all Member States .

Done at Brussels , 22 November 1971 .

For the Commission

The President

Franco M. MALFATTI

1 OJ No 197, 29.10.1966 , p.3400/66 .