31973R3209

28 . II . 73 Official Journal of the European Communities No L 327/ 15

REGULATION ( EEC) No 3209/73 OF THE COUNCIL of 27 November 1973 on the subsidy for olive oil

THE COUNCIL OF THE EUROPEAN effected on the basis of the production of oil by extrac­ COMMUNITIES, tion ;

Having regard to the Treaty establishing the European Whereas, producers' organizations should be set up in Economic Community ; order to simplify the subsidy system ; whereas the minimum conditions to be satisfied by the organiza­ Having regard to Council Regulation No 136/ tions before they are recognized by the Member States 66/EEC ( J ) of 22 September 1966 on the establish­ should be laid down , ment of a common organization of the market in oils and fats, as last amended by Regulation (EEC) No 1707/73 (2), and in particular Article 10 (2) thereof ; HAS ADOPTED THIS REGULATION : Having regard to Council Regulation No 162/ 66/EEC (3) of 27 October 1966 on trade in oils and Article 1 fats between the Community and Greece, and in parti­ cular Article 8 thereof ; For the 1973/74 marketing year, the subsidy referred to in Article 10 of Regulation No 136/66/EEC shall Having regard to the proposal from the Commission ; be granted in respect of olive oil falling within the definitions contained under 1 and 4 of the Annex to Whereas the principles must be laid down under which the subsidy referred to in Article 10 of Regula­ that Regulation . tion No 136/66/ EEC will be granted to olive-oil producers for the 1973/74 marketing year ; whereas, Article 2 moreover, measures should be adopted to ensure that the subsidy is granted only for olive oil produced in Before a date to be determined, each producer of the Community from olives harvested in the Commu­ olives which are to be used in the production of oil nity, and in respect of which the subsidy has not shall submit a cultivation declaration for each of the already been granted ; areas covered by Article 6 (2) ; such declaration, in addition to giving the necessary details concerning the Whereas, to ensure the proper working of the subsidy olive trees so that the subsidy may be fixed, shall system, the subsidy should be granted only for quanti­ include a statement from the producer that he has ties of oil in respect of which applications are carried out the necessary field work and that he picks submitted within producing Member States ; whereas, the olives regularly. in order to simplify the application of the system, the number of applications for subsidy which can be made during the marketing year should be limited ; Article 3

Whereas, the subsidy in question is of considerable 1 . The subsidy shall be granted upon application to importance for producers of olive oil and constitutes a be made by the persons concerned in the Member financial burden for the Community ; whereas , to States in which the oil was produced. ensure that the subsidy is granted only for such oil as gives entitlement thereto, provision should be made 2. In respect of each of the areas referred to in for a system of administrative supervision to check Article 6 (2), only one application for the subsidy may that the quantities of oil in respect of which applica­ be submitted, before a date to be determined, by each tions for the subsidy are made are consistent with the producer who has submitted a cultivation declaration . potential production of olives and oil during the marketing year in question and with the quantities of Article 4 the products from which the oil is extracted and the quantities of oil actually produced ; 1 . Each producing Member State shall set up a Whereas in order to check this consistency such super­ system of administrative supervision to ensure that the vision should be based in particular on a system of products in respect of which applications are made for cultivation declarations ; whereas , to ensure the proper the subsidy are products which give entitlement thereto . working of the supervision system , the accuracy of the cultivation declarations should be verified by the Member States ; 2. As regards the type of oil referred to under point 1 of the Annex to Regulation No 136/66/EEC, the Whereas , however, to simplify the application of the supervision must, in particular, include a check that subsidy system to olive-residue oil , provision should the quantity of olive oil in respect of which an applica­ be made for the determination of the quantity of such tion is made for the subsidy by the person concerned oil which will be accepted for the subsidy to be is consistent with :

(a) The quantity of olives harvested within the (') OJ No 172, 30 . 9 . 1966 , p . 3025/ 66 . (-') OJ No L 175, 29 . 6 . 1973 , p . 5 . Community and used for the production of such (3) OJ No 197, 29 . 10 . 1966 , p . 3393/ 66 . oil ,

No L 327/ 16 28 . 11 . 73 Official Journal of the European Communities

(b) the actual quantity of olive oil produced, — compare the information given in the cultivation declaration for the 1973/74 marketing year with (c) the potential production of olives and oil during the information contained in the oil register or, if the marketing year in question . this is not available, in the last cultivation declara­ 3. As regards the type of oil referred to under 4 of tion submitted by each person concerned. the Annex to Regulation No 136/66/EEC, the compe­ tent French authorities must, in particular, check that Article 8 the quantity of olive residue oil in respect of which an application is made for the subsidy by a person 1 . In the application of this Regulation, the concerned is consistent with : Member States may treat a recognized producers' organization as a single producer. (a) the quantity of olive residue obtained from olives harvested within the Community and used for the 2. For the purposes of this Regulation, 'producers' production of such oil organization' means any recognized organization of (b) the actual quantity of olive-residue oil produced. producers of olives and oil established on their own initiative, which undertakes in particular : 4. With respect to the oil referred to under 4 of the Annex to Regulation No 136/66/EEC, the competent — to supervise, for the purposes of the granting of Italian authorities shall determine the quantity of this the subsidy in accordance with this Regulation, oil for which the subsidy may be granted, on the basis the production by its members of olives and of of the oil production referred to under point 1 of the oil ; these checks may not replace the checks to be Annex to that Regulation . carried out by the Member States in accordance with this Regulation ; Article 5 — to submit a single application for the subsidy and a single cultivation declaration on behalf of all its For the purposes of the supervision referred to in members, after the control referred to above ; Article 4, producing Member States shall oblige oil mills and, subject to Article 4 (4), extraction plants for — to receive the subsidy on behalf of its members olive-residue oil to keep records of their stocks. and to distribute it among them in respect of the production of each member which has been recog­ Article 6 nized by the producing Member States.

1 . Consistency between the quantity of oil in Article 9 respect of which the subsidy is applied for and the potential production referred to in Article 4 (2) (c) The Member States shall communicate to the shall be verified by checking the information Commission, before they become applicable, all provi­ contained in the cultivation declarations against the sions adopted by them in pursuance of this Regula­ target yields referred to in paragraph 2. tion .

2. Target yields for olives and for oil shall be set for If the provisions are not such as to enable the objec­ each production area by the producing Member States tives of this Regulation to be attained, a decision will in accordance with criteria to be determined . be taken, in accordance with the procedure laid down in Article 38 of Regulation No 136/66/EEC, as to the Article 7 amendments which should be made thereto by the Member State concerned . The producing Member States shall : — make on-the-spot checks as to the accuracy of Article 10 cultivation declarations . These checks shall relate to a percentage to be fixed by reference to the size This Regulation shall enter into force on 1 December of the farm ; 1973 .

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

Done at Brussels, 27 November 1973 .

For the Council

The President lb FREDERIKSEN