31973R3423

No L 351 / 16 Official Journal of the European Communities 20 . 12 . 73

REGULATION ( EEC) No 3423/ 73 OF THE COMMISSION of 18 December 1973 on detailed rules for granting subsidies for olive oil

THE COMMISSION OF THE EUROPEAN tion of the system, the elements to be taken into COMMUNITIES, consideration to establish the target yields and the production areas referred to in Article 6 of Regulation EEC) No 3209/73 should be defined ;

Having regard to the Treaty establishing the European Economic Community ; Whereas in order to guarantee the homogeneity of the information used to fix the target yields and the production areas, the centralized coordination of this Having regard to Council Regulation No 136/ information should be provided for ; 66/ EEC (') of 22 September 1966 on the establish­ ment of a common organization of the market in oils and fats, as last amended by Regulation (EEC) No 1 707/73 (2 ), and in particular Article 10 (3 ) thereof ; Whereas, further to Article 7 of Regulation (EEC) No 3209/73 the on-the-spot control of the accuracy of the cultivation declarations should relate to a percentage to be fixed by reference to the size of the farms ; Whereas Council Regulation (EEC) No 3209/73 (3) of whereas it is necessary to carry out a control relating 27 November 1973 laid down the principles to a sufficiently representative number of declara­ according to which the subsidy referred to in Article tions ; 10 of Regulation No 136/66/ EEC shall be granted to olive oil producers for the 1973/74 marketing year, and adopted measures in order to ensure that this subsidy shall be granted only for the products which Whereas, since the target yields for olives and oil are have the right to benefit from it ; whereas the average yields , it may be claimed that the quantity for Commission should adopt the relevant detailed rules which the subsidy is requested is greater than that for their application ; resulting from the application of these yields to the cultivation declarations ; whereas, in this case , the quantity eligible for the subsidy should be deter­ mined , on the basis of proof furnished by the Whereas Article 4 of Regulation (EEC) No 3209/73 producer concerned, by the competent authorities in lays down that a system of control shall be set up to the Member States ; allow the verification of the consistency between, on the one hand , the quantity of oil for which the subsidy is requested and on the other, the quantities of the products from which the oil is extracted and Whereas there may be some tloubts as to the quantity the actual quantity of oil produced , as well as the of oil eligible for the subsidy, due to inconsistency potential production of olives and oil for the 1973/74 between the quantity for which the subsidy is marketing year ; whereas, therefore, the requests for requested and that resulting from the application of the subsidy and the cultivation declarations to be the yields to the cultivation declaration , or that in the presented by the producers should include the stock accounts ; minimum information necessary to verify this consis­ tency ;

Whereas to simplify the application of the subsidy system for olive-residue oil in Italy, the quantity of Whereas, in order to ensure the proper management this oil eligible for the subsidy should be estimated at of the system of cultivation declarations, a deadline a fixed rate ; should be fixed for their lodgement, as soon as possible after the beginning of the marketing year ; whereas , with a view to ensuring the correct applica­

Whereas the measures provided for in this Regulation (') OJ No 172, 30 . 9 . 1966, p. 3025/66 . (2) OJ No L 175, 29 . 6 . 1973 , p. 5 . are in accordance with the Opinion of the Manage­ P ) OJ No L 327, 28 . 11 . 1973 , p . 15 . ment Committee for Oils and Fats ,

20 . 12 . 73 Official Journal of the European Communities No L 351 / 17

HAS ADOPTED THIS REGULATION : (e) where the oil has been sold, the quantity of oil sold, the name, forenames and address of the purchaser, and, where appropriate, the sale invoice Article 1 for the oil ; in other cases, the place where the oil is stored . This Regulation lays down detailed rules on granting subsidies for olive oil for the 1973 /74 marketing year. Article J

Each producing Member State shall lay down, for its entire area, a period within which application for Article 2 subsidies must be submitted .

1 . For virgin olive oil, applications for subsidies However, more limited periods may be fixed in the shall contain at least the following information : different zones of production in order to take into account the state of the harvest of olives . (a) the name, forenames and address of the applicant ; Article 4 (b) the weight of the oil, together with an explicit statement that the product is virgin olive oil ; Each producer of olives shall submit a date fixed by each Member State, which may not, however, extend (c) the oil mill or mills in which the oil was beyond 31 January 1974, for each of the areas of produced, with particulars for each mill as to the production , a single cultivation declaration covering quantity of olives used and the quantity of oil all those of his holdings situated in that area . produced ; Where a single holding is operated jointly by two or (d) the location of the holding or holdings where the more producers , a single cultivation declaration shall olives were harvested, including an explicit refer­ be submitted for that holding, particulars being given ence to the cultivation declaration for the holding therein of the name, forenames and address of each or holdings concerned. individual producer.

2. In the case of sale, when the oil to which the Article 5 application refers shall be invoiced, the application must be accompanied by : 1 . The cultivation declaration referred to in Article 2 of Regulation (EEC) No 3209/73 shall include parti­ (a) the sale invoice, or a similar document, if the sale culars as to the following : has taken place ; (a) the name, forenames and address of the person (b) particulars of the place where the oil is stored, if submitting the declaration ; the sale has not taken place . (b) the location of the holding or holdings ; 3 . Applications for subsidies by producers who (c) the area planted with olive trees ; have sold their olives must contain the information specified in Article 2 ( 1 ) (a) and (d) and also particulars (d) the total number of olive trees actually cultivated ; of the quantity of olives sold, and of the name, fore­ (e) The number of bearing trees whose olives are names and address of the purchaser together with the normally used for the purposes other than oil sale invoice for the olives . production ; ( f) The number of bearing trees whose olives are 4. The provisions of paragraph 1 and 3 shall apply normally used for oil production, indicating the also to applications for subsidies in respect of olive­ number of trees under specialized cultivation and residue oil produced in Italy. the number under mixed cultivation ; 5 . In the case of olive-residue oil produced in (g) for each of the two types of cultivation referred to France, applications for subsidies shall contain at least in (f): the following information and documents : — the number of trees under irrigated cultivation , and , (a) the name, forenames and address of the applicant ; — if possible, the main varieties and shape (b) the quantity of olive-residue used ; pruning.

(c) the weight of the oil together with an explicit state­ 2. Member States may require that there be added ment that the product is olive-residue oil ; to the particulars given in cultivation declarations already submitted or to be submitted the cadastral (d) the extraction plant in which the oil was pro­ reference of the holdings to which those declarations duced : relate .

No L 351 / 18 Official Journal of the European Communities 20 . 12 . 73

Article6¶

Representatives of the trade interests concerned may 1 . For the purpose of fixing, in a centralized manner, the target yields for olives and oil, and the take part in the work relating to the establishment of target yields, and in the checks provided for in Article production areas referred to in Article 6 (2) of Regula­ 7 of Regulation ( EEC) No 3209/73 . tion (EEC) No 3209/73, the producing Member States shall, for their entire area, coordinate the information , relating to these yields and to these areas, which has Article 9 been fixed in the different oil-producing areas by the authorities designated with this end in view. In addition to carrying out checks as to the accuracy of the information given in applications for subsidies, 2. As soon as they have been adopted, the in respect of virgin olive oil the agencies responsible producing Member States shall communicate to the for supervision shall check : Commission the provisions laid down by them in respect of this , Article, as well as the information 1 . the agreement between the quantities of olives and concerning the production areas and the target yields oil indicated in the applications and the quantities for olives and oil . shown in the oil-mill registers ;

2. the consistency between the quantities of olives Article 7 and oil indicated in the applications and the quanti­ ties resulting from the application of target yields to the data contained in the cultivation declara­ 1 . The target yields for olives and oil shall be deter­ tions . mined for production areas established having regard to the factors relevant to olive and oil yields. Article 10 When determining the production areas, account shall be taken in particular : The controls referred to in Article 7 of Regulation (EEC) No 3209/73 shall be carried out in respect of at — of the geography and geology of the region con­ least 5 % of cultivation declarations . cerned ; — of the main varieties of olive tree, and of their age Article 11 and most frequent type of shape pruning.

1 . Any producer who considers that his production 2. The target yield for olives shall for each produc­ of olives or of oil exceeds that obtained by applying tion area be equal to the quantity of olives per tree those yields to the data contained in his cultivation obtained during the 1973/74 marketing year from a declaration shall, within fifteen days following either representative number of properly maintained , bearing the publication or the notification of the said target trees in that area . Such yield shall be determined for yields, submit additional documentation in evidence dry cultivation . of such production . Such documentation shall include at least the following : For trees under irrigated cultivation, the target yield shall be increased by a percentage to be determined (a) details of the specific cultivation work carried out by the individual producing Member States. on the olive plantation ;

(b) evidence as to the labour employed on the olive 3 . The target oil yield for olives shall for each plantation , or the technical means used to harvest production area be equal to the quantity, per 100 kilo­ the olives ; grammes of olives, of oil obtainable by expression from the olives produced in that area. (c) invoices in respect of the purchase of all fertilizers and insecticides of fungicides used or the proof Such yield shall be determined having regard to that the relevant operations have been carried out ; processing tests carried out on a representative sample (d) In cases other than those referred to in Article 3 of olives from each production area, account being (2): taken of the equipment of the mills serving those areas . — where the oil has been sold, information concerning the quantities of oil sold , lot by lot, as well as the names, forenames and addresses Target yields shall be determined by the Member of the buyers ; States as soon as possible after the closing date for the submission of applications for subsidies . These yields — particulars of the place where the oil is being shall then be published . stored , if it has not been sold .

20 . 12 . 73 Official Journal of the European Communities No L 351 / 19

2. The competent authorities, having examined the (a) the quantity of oil resulting from the application evidence submitted pursuant to paragraph 1 , and of target yields to the relevant declaration of culti­ having carried out a comparison fo the quantities of vation . oil which have been recognized as eligible for the (b) the quantity of oil shown in the oil-mills' ledgers, subsidy for the same holding for each oil production year since 1966/67, shall decide the quantity of oil and when the producers are not using the provisions eligible for the subsidy. of Article 11 , the competent authorities shall determine the quantity of oil eligible for subsidy on Where the olives have been sold, the quantity of oil the basis of the smallest quantity resulting from the eligible for subsidy may not exceed that obtained by above information . applying to the quantity of olives recognized as having been sold, the target oil yield for the area from Article 13 which the olives in question originate . 3 . The authorities referred to in paragraph 2 may In Italy, the quantity of olive-residue oil eligible for carry out additional inquiries by requiring, where subsidy shall be equal to 9 % of the quantity of virgin appropriate, that all stock accounts of the holdings of oil recognized as eligible for subsidy produced by producers as referred to in paragraph 1 be placed at pressing from the olives from which the residue has been obtained . their disposal .

Article12¶

When an examination of the applications for the This Regulation shall enter into force on the third day subsidy reveals a discrepancy between the quantity of following its publication in the Official Journal of oil for which the subsidy is requested, and the European Communities.

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

Done at Brussels, 18 December 1973 .

For the Commission

The President Francois-Xavier ORTOLI