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Document 32004R1432
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
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
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
OB L 264, 11.8.2004, p. 6–8
(ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, NL, PL, PT, SK, SL, FI, SV)
No longer in force, Date of end of validity: 31/12/2005; заключение отменено от 32005R2153
Relation | Act | Comment | Subdivision concerned | From | To |
---|---|---|---|---|---|
Extended validity | 31998R2366 | 31/10/2005 | |||
Modifies | 31998R2366 | изпълнение | член 5.1 | 18/08/2004 | |
Modifies | 31998R2366 | поправка | член 30.1 | 18/08/2004 | |
Modifies | 31998R2366 | заместване | член 32.3 | 18/08/2004 | |
Modifies | 31998R2366 | поправка | заглавие | 18/08/2004 | |
Modifies | 31998R2366 | заместване | член 5.4 | 18/08/2004 | |
Modifies | 31998R2366 | поправка | член 14.1 | 18/08/2004 | |
Modifies | 31998R2366 | поправка | член 4.1 | 18/08/2004 | |
Modifies | 31998R2366 | изпълнение | член 12 BI | 18/08/2004 | |
Modifies | 31998R2366 | поправка | член 27.2 | 18/08/2004 | |
Modifies | 31998R2366 | заместване | член 29.1 | 18/08/2004 | |
Modifies | 31998R2366 | поправка | член 5.2 | 18/08/2004 | |
Modifies | 31998R2366 | поправка | член 4.2 | 18/08/2004 | |
Modifies | 31998R2768 | DATE член 1.2 | |||
Implicit repeal | 32003R0763 | 18/08/2004 |
Relation | Act | Comment | Subdivision concerned | From | To |
---|---|---|---|---|---|
Implicitly repealed by | 32005R2153 | 01/01/2006 |
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, |
HAS ADOPTED THIS REGULATION:
Article 1
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:
|
3. |
Article 5 is amended as follows:
|
4. |
the following subparagraphs are added to Article 12a: ‘For the 2003/04 marketing year, the estimate of virgin olive oil production of additional olive trees as referred to in the first subparagraph shall be determined by multiplying the average yield per adult olive tree by the sum of:
For the 2003/04 marketing year, the average yield per adult olive tree shall be calculated by dividing the quantity of virgin olive oil produced, as referred to in Article 12(1)(b), by the sum of:
|
5. |
in the second subparagraph of Article 14(1), ‘2003/04’ is replaced by ‘2004/05’; |
6. |
Article 27(2) is amended as follows:
|
7. |
Article 29(1) shall be replaced by the following: ‘1. Where there is insufficient proof or where there is doubt, the Member States shall conduct on-the-spot checks of declarations as provided for in Article 5(1) before 1 November 1999, except in the case of Cyprus, Malta and Slovenia, for which the date shall be 1 June 2005. Planting and grubbing operations carried out in the period from 1 May to 31 October 1998, except in the case of Cyprus and Malta, for which the period concerned shall be from 31 December 2001 to 31 October 2004, shall be determined on the basis of all the information to be supplied by the growers, at the request of the competent agency of the Member State, and of the situation found on the spot, particularly as regards the size of trees. Once all the checks have been made, growers shall be given the benefit of the doubt.’; |
8. |
the third indent in the second subparagraph of Article 30(1) is replaced by the following:
|
9. |
the third paragraph of Article 32 is replaced by the following: ‘Before 1 January of the 1999/2000, 2000/01, 2001/02, 2002/03 and 2003/04 marketing years, and before 1 June of the 2004/05 marketing year, producer Member States shall present a summary report of the number of checks carried out under Articles 28, 29 and 30, the number of cases where adjustment was required, with an indication of the information or quantities concerned, and the penalties imposed or under consideration, along with a brief assessment of the control arrangements set up and any difficulties encountered.’. |
Article 2
In Article 1(2) of Regulation (EC) No 2768/98, ‘31 October 2004’ is replaced by ‘31 October 2005’.
Article 3
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.
Done at Brussels, 10 August 2004.
For the Commission
Franz FISCHLER
Member of the Commission
(1) OJ 172, 30.9.1966, p. 3025/66. Regulation as last amended by Regulation (EC) No 865/2004 (OJ L 161, 30.4.2004, p. 97).
(2) OJ L 210, 20.7.1998, p. 32. Regulation as last amended by Regulation (EC) No 865/2004.
(3) OJ L 293, 31.10.1998, p. 50. Regulation as last amended by Regulation (EC) No 1780/2003 (OJ L 260, 11.10.2003, p. 6).
(4) OJ L 346, 22.12.1998, p. 14. Regulation as last amended by Regulation (EC) No 763/2003 (OJ L 109, 1.5.2003, p. 12).