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

( 2 ) OJ NO L 78 , 30 . 3 . 1979 , P . 1 .

( 3 ) OJ NO L 73 , 24 . 3 . 1979 , P . 13 .

COMMISSION REGULATION ( EEC ) NO 1036/79

OF 28 MAY 1979

AMENDING REGULATION ( EEC ) NO 557/79 LAYING DOWN DETAILED RULES FOR THE APPLICATION OF THE SYSTEM OF CONSUMPTION AID FOR OLIVE OIL

THE COMMISSION OF THE EUROPEAN

COMMUNITIES ,

HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ,

HAVING REGARD TO COUNCIL REGULATION NO 136/66/EEC OF 22 SEPTEMBER 1966 ON THE ESTABLISHMENT OF A COMMON ORGANIZATION OF THE MARKET IN OILS AND FATS ( 1 ), AS LAST AMENDED BY REGULATION ( EEC ) NO 590/79 ( 2 ), AND IN PARTICULAR ARTICLE 11 ( 5 ) THEREOF ,

WHEREAS , IN ORDER TO ENSURE THAT THE SYSTEM OF CONSUMPTION AID IS UNIFORMLY APPLIED , THE QUANTITY CORRESPONDING TO ONE LITRE OF OLIVE OIL SHOULD BE DEFINED ;

WHEREAS , BY VIRTUE OF ARTICLE 13 ( 1 ) OF COMMISSION REGULATION ( EEC ) NO 557/79 ( 3 ), NO OLIVE OIL MAY BE PLACED IN FREE CIRCULATION , EXCEPT FOR OILS FALLING WITHIN SUBHEADING 15.07 A I A ) OR 15.07 A II , PUT UP IN IMMEDIATE CONTAINERS OF A NET CONTENT NOT EXCEEDING FIVE LITRES , UNLESS A SECURITY HAS BEEN LODGED ;

WHEREAS THERE IS A RISK THAT SUBSTANTIAL QUANTITIES OF OLIVE OIL FALLING WITHIN THE SAID SUBHEADINGS , PUT UP IN SMALL CONTAINERS , MAY BE IMPORTED INTO THE COMMUNITY AND GIVE RISE TO FRAUDULENT DEALINGS ; WHEREAS , IN ORDER TO OBVIATE ANY DIFFICULTIES , ALL OPERATORS TRADING IN OLIVE OIL IN SMALL CONTAINERS SHOULD BE SUBJECT TO POSSIBLE CHECKS BY THE MEMBER STATE CONCERNED ; WHEREAS , FOR THE SAME REASON , APPROPRIATE PROVISIONS SHOULD BE MADE TO COVER THE DECANTATION OF OLIVE OIL PUT UP IN SMALL CONTAINERS ;

WHEREAS AN ERROR HAS BEEN FOUND IN THE ITALIAN TEXT OF ARTICLE 11 OF REGULATION ( EEC ) NO 557/79 WHICH SHOULD BE CORRECTED ;

WHEREAS 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 ( EEC ) NO 557/79 IS HEREBY AMENDED AS FOLLOWS :

1 . THE FOLLOWING ARTICLE 10A IS HEREBY INSERTED :

' ARTICLE 10A

FOR THE PURPOSES OF THIS REGULATION , ONE LITRE OF OLIVE OIL SHALL CORRESPOND TO 0.916 KG OF THAT PRODUCT . '

2 . THE ITALIAN TEXT OF ARTICLE 11 ( 2 ) IS HEREBY REPLACED BY THE FOLLOWING TEXT :

' 2 . LA CAUZIONE E COSTITUITA SOTTO FORMA DI GARANZIA FORNITA DA UN ISTITUTO CHE RISPONDE AI REQUISITI FISSATI DALLO STATO MEMBRO IN CUI E INOLTRATA LA DOMANDA DI AIUTO . '

3 . ARTICLE 12 ( 1 ) IS HEREBY REPLACED BY THE FOLLOWING :

' ARTICLE 12

1 . FOR THE PURPOSES OF THE CHECKS REFERRED TO IN ARTICLE 7 OF REGULATION ( EEC ) NO 3089/78 , THE MEMBER STATES SHALL SYSTEMATICALLY INSPECT THE STOCK RECORDS OF APPROVED PACKAGING PLANTS .

IF ANY DOUBT ARISES AS TO THE ACCURACY OF THE INFORMATION GIVEN IN THE APPLICATION FOR AID , THE APPLICANT ' S ACCOUNTS MAY BE CHECKED AND , WHERE APPROPRIATE , ADDITIONAL CHECKS MAY BE CARRIED OUT AMONG THE PERSONS SUPPLYING OIL TO THE PACKAGING PLANT AND AMONG THOSE TO WHOM THE PACKAGED OIL HAS BEEN SUPPLIED .

MOREOVER , ALL OPERATORS PURCHASING OR SELLING OLIVE OIL PUT UP IN IMMEDIATE CONTAINERS OF A NET CONTENT NOT EXCEEDING FIVE LITRES , WITH THE EXCEPTION OF RETAILERS AND DIRECT CONSUMERS , SHALL BE SUBJECT TO POSSIBLE CHECKS BY THE MEMBER STATE .

DECANTATION OF THE OLIVE OIL REFERRED TO ABOVE MAY BE CARRIED OUT ONLY AFTER THE OPERATOR IN QUESTION HAS DULY INFORMED THE AUTHORITY DESIGNATED BY THE MEMBER STATE CONCERNED .

THE MEMBER STATES CONCERNED SHALL ASSIST ONE ANOTHER IN CARRYING OUT THE CHECKS PROVIDED FOR IN THIS ARTICLE . '

ARTICLE 2

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

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

DONE AT BRUSSELS , 28 MAY 1979 .

FOR THE COMMISSION

FINN GUNDELACH

VICE-PRESIDENT