31979R0590

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( 1 ) OJ NO C 44 , 17 . 2 . 1979 , P . 8 .

( 2 ) OPINION DELIVERED ON 16 MARCH 1979 ( NOT YET PUBLISHED IN THE OFFICIAL JOURNAL ).

( 3 ) OJ NO 172 , 30 . 9 . 1966 , P . 3025/66 .

( 4 ) OJ NO L 185 , 7 . 7 . 1978 , P . 1 .

COUNCIL REGULATION ( EEC ) NO 590/79

OF 26 MARCH 1979

AMENDING REGULATION NO 136/66/EEC ON THE ESTABLISHMENT OF A COMMON ORGANIZATION OF THE MARKET IN OILS AND FATS

THE COUNCIL OF THE EUROPEAN

COMMUNITIES ,

HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY , AND IN PARTICULAR ARTICLES 42 AND 43 THEREOF ,

HAVING REGARD TO THE PROPOSAL FROM THE COMMISSION ( 1 ),

HAVING REGARD TO THE OPINION OF THE EUROPEAN PARLIAMENT ( 2 ),

WHEREAS ARTICLE 11 OF COUNCIL REGULATION NO 136/66/EEC OF 22 SEPTEMBER 1966 ON THE ESTABLISHMENT OF A COMMON ORGANIZATION OF THE MARKET IN OILS AND FATS ( 3 ), AS LAST AMENDED BY REGULATION ( EEC ) NO 1562/78 ( 4 ), INTRODUCED A SYSTEM OF CONSUMPTION AID FOR OLIVE OIL PRODUCED AND MARKETED IN THE COMMUNITY ; WHEREAS THIS AID , WHICH IS EQUAL TO THE DIFFERENCE BETWEEN THE PRODUCTION TARGET PRICE LESS THE PRODUCTION AID AND THE REPRESENTATIVE MARKET PRICE FOR OLIVE OIL , IS ADJUSTED DURING THE MARKETING YEAR WHEN THE REPRESENTATIVE MARKET PRICE IS CHANGED IN ACCORDANCE WITH THE SECOND SUBPARAGRAPH OF ARTICLE 4 ( 1 ) OF REGULATION NO 136/66/EEC ;

WHEREAS , PURSUANT TO ARTICLE 10 OF THE ABOVE REGULATION , MONTHLY INCREASES ARE APPLIED TO THE REPRESENTATIVE MARKET PRICE ; WHEREAS , IN CONSEQUENCE , THE LEVEL OF CONSUMPTION AID IS AFFECTED NEGATIVELY AND IN AN UNWARRANTED MANNER ;

WHEREAS , IN ORDER FOR THE SYSTEM OF CONSUMPTION AID TO FULFIL ITS PURPOSE , THE LEVEL OF THE SAID AID SHOULD BE ALTERED ONLY IN LINE WITH THE MARKET SITUATION ; WHEREAS THIS AIM MAY BE ATTAINED BY PROVIDING FOR THE MONTHLY INCREASES NOT TO BE APPLIED TO THE REPRESENTATIVE MARKET PRICE WHEN CALCULATING THE AID IN QUESTION ; WHEREAS ARTICLE 11 OF REGULATION NO 136/66/EEC SHOULD THEREFORE BE AMENDED ,

HAS ADOPTED THIS REGULATION :

ARTICLE 1

THE FOLLOWING SUBPARAGRAPH SHALL BE ADDED TO ARTICLE 11 ( 1 ) OF REGULATION NO 136/66/EEC :

' WHEN CALCULATING THE AID REFERRED TO IN THE PRECEDING SUBPARAGRAPH , NO ACCOUNT SHALL BE TAKEN OF THE MONTHLY INCREASES IN THE REPRESENTATIVE MARKET PRICE ' .

ARTICLE 2

THIS REGULATION SHALL ENTER INTO FORCE ON THE DAY OF ITS PUBLICATION IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES .

IT SHALL APPLY FROM 1 JANUARY 1979 .

THIS REGULATION SHALL BE BINDING IN ITS ENTIRETY AND DIRECTLY APPLICABLE IN ALL MEMBER STATES .

DONE AT BRUSSELS , 26 MARCH 1979 .

FOR THE COUNCIL

THE PRESIDENT

P . MEHAIGNERIE