Council Regulation (EEC) No 2989/81 of 19 October 1981 laying down special measures in respect of olive oil producer organizations for the 1981/82 marketing year
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COUNCIL REGULATION ( EEC ) NO 2989/81
OF 19 OCTOBER 1981
LAYING DOWN SPECIAL MEASURES IN RESPECT OF OLIVE OIL PRODUCER ORGANIZATIONS FOR THE 1981/82 MARKETING YEAR
THE COUNCIL OF THE EUROPEAN
COMMUNITIES ,
HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY , AND IN PARTICULAR ARTICLE 43 THEREOF ,
HAVING REGARD TO THE PROPOSAL FROM THE COMMISSION ( 1 ),
HAVING REGARD TO THE OPINION OF THE EUROPEAN PARLIAMENT ( 2 ),
WHEREAS 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 3454/80 ( 4 ), PROVIDES INTER ALIA FOR ASSOCIATIONS OF PRODUCER GROUPS RECOGNIZED PURSUANT TO REGULATION ( EEC ) NO 1360/78 ( 5 ) TO ASSIST WITH THE MANAGEMENT OF THE PRODUCTION AID ; WHEREAS , FOR THIS REASON , GROWERS WHO ARE MEMBERS OF THE PRODUCER GROUPS FORMING THE ASSOCIATIONS AND INDIVIDUAL GROWERS WHO SUBJECT THEMSELVES TO THE CHECKS OF A PRODUCER GROUP ASSOCIATION WILL RECEIVE PRODUCTION AID ON THE BASIS OF THE QUANTITY OF OLIVE OIL OBTAINED ;
WHEREAS BECAUSE OF THE DELAYS TO IMPLEMENTING THE SYSTEM LAID DOWN IN REGUATION ( EEC ) NO 1360/78 , PRODUCER GROUPS AND THEIR ASSOCIATIONS CANNOT BE RECOGNIZED IN TIME FOR THE ARRANGEMENTS IN QUESTION TO BECOME OPERATIONAL ON 1 NOVEMBER 1981 , THE DATE LAID DOWN BY REGULATION ( EEC ) NO 1917/80 ( 6 ); WHEREAS UNDER THESE CIRCUMSTANCES APPLICATION OF THE SYSTEM INSTITUTED BY REGULATION ( EEC ) NO 1917/80 SHOUD THEREFORE BE DEFERRED UNTIL THE BEGINNING OF THE 1982/83 MARKETING YEAR AND THE TEMPORARY MEASURES APPLIED WITH REGARD TO OLIVE OIL PRODUCER ORGANIZATIONS DURING THE PAST THREE MARKETING YEARS SHOULD BE RETAINED FOR THE 1981/82 MARKETING YEAR ;
WHEREAS , BY REASON OF THE EXISTING SITUATION IN GREECE , PROVISION SHOULD BE MADE , AS REGARD THIS MEMBER STATE , TO EXTEND THE TIME LIMIT FOR SETTING UP PRODUCER ORGANIZATIONS ,
HAS ADOPTED THIS REGULATION :
ARTICLE 1
IN THE SECOND PARAGRAPH OF ARTICLE 3 OF REGULATION ( EEC ) NO 1917/80 , ' 1 NOVEMBER 1981 ' IS HEREBY REPLACED BY 1 NOVEMBER 1982 .
ARTICLE 2
1 . BY WAY OF DEROGATION FROM THE FIRST INDENT OF THE FIRST SUBPARAGRAPH OF ARTICLE 5 ( 2 ) OF REGULATION NO 136/66/EEC , DURING THE 1981/82 MARKETING YEAR , PRODUCTION AID SHALL ALSO BE GRANTED , ON THE BASIS OF THE QUANTITY OF OLIVE OIL PRODUCED , TO GROWERS WHO ARE MEMBERS OF A PRODUCER ORGANIZATION SET UP BEFORE 10 OCTOBER 1981 , OR AS REGARDS THE HELLENIC REPUBLIC , HAVING COMPLIED , BEFORE THAT DATE , WITH THE FORMALITIES NECESSARY FOR ITS SETTING UP , WHICH MEETS THE FOLLOWING CONDITIONS :
- ITS COMPOSITION MEETS THE REQUIREMENTS OF ARTICLE 5 ( 1 ) AND ( 2 ) OF REGULATION ( EEC ) NO 1360/78 ,
- IT IS CAPABLE OF VERIFYING THE OLIVE AND OLIVE OIL PRODUCTION OF ITS MEMBERS ,
- IT IS EMPOWERED TO SUBMIT AN APPLICATION FOR PRODUCTION AID FOR ALL ITS MEMBER GROWERS ,
- IT IS EMPOWERED TO RECEIVE THE AID AND ALLOCATE TO EACH MEMBER THE SHARE DUE TO HIM ,
- IT HAS A MINIMUM NUMBER OF MEMBERS OR OBTAINS A MINIMUM VOLUME OF OIL PRODUCTION ,
- IT EXERCISES NO DISCRIMINATION , WITH REGARD TO ANY ASPECT OF ITS ACTIVITIES , BETWEEN PRODUCERS WHO ARE POTENTIAL MEMBERS , AND IN PARTICULAR ON GROUNDS OF NATIONALITY OR LOCATION OF ESTABLISHMENT .
2 . PRODUCER ORGANIZATIONS REFERRED TO IN PARAGRAPH 1 SHALL , NOT LATER THAN 31 OCTOBER 1981 , SUBMIT AN APPLICATION TO THE COMPETENT AUTHORITIES OF THE MEMBER STATE CONCERNED FOR VERIFICATION THAT THE CONDITIONS SET OUT IN PARAGRAPH 1 HAVE BEEN MET .
THE MEMBER STATE SHALL :
- TAKE A DECISION ON THE APPLICATION WITHIN 45 DAYS OF THE DATE OF ITS SUBMISSION ,
- THEN NOTIFY THE COMMISSION AND THE PRODUCER ORGANIZATIONS CONCERNED OF ITS DECISION WITHIN 15 DAYS .
3 . PRODUCER ORGANIZATIONS SET UP DURING THE 1978/79 , 1979/80 AND 1980/81 MARKETING YEARS UNDER COUNCIL REGULATIONS ( EEC ) NO 2752/78 ( 1 ), ( EEC ) NO 2377/79 ( 2 ) AND ( EEC ) NO 2528/80 ( 3 ) SHALL CONTINUE TO BENEFIT FROM THE AID ARRANGEMENTS PROVIDED FOR IN PARAGRAPH 1 .
SUCH PRODUCER ORGANIZATIONS SHALL , BY 20 OCTOBER 1981 AT THE LATEST , INFORM THE MEMBER STATE CONCERNED OF ANY AMENDMENT TO THEIR STRUCTURE WHICH MAY HAVE TAKEN PLACE SINCE THEY WERE RECOGNIZED .
THE MEMBER STATE CONCERNED SHALL :
- ON THE BASIS OF THIS INFORMATION , VERIFY WHETHER THE CONDITIONS SET OUT IN PARAGRAPH 1 CONTINUE TO BE MET ,
- NOTIFY , NO LATER THAN 5 NOVEMBER 1981 , THE COMMISSION AND THE PRODUCER ORGANIZATIONS CONCERNED OF THE OUTCOME OF THESE VERIFICATIONS .
4 . DETAILED RULES FOR THE APPLICATION OF THIS ARTICLE SHALL BE ADOPTED IN ACCORDANCE WITH THE PROCEDURE LAID DOWN IN ARTICLE 38 OF REGULATION NO 136/66/EEC .
ARTICLE 3
1 . THE PRODUCER ORGANIZATIONS REFERRED TO IN ARTICLE 2 MAY RETAIN A PERCENTAGE , TO BE DETERMINED , OF THE AMOUNT OF THE PRODUCTION AID PAID TO THEM . THIS PERCENTAGE IS INTENDED TO COVER THE COSTS OF ACTIVITIES OF PRODUCER ORGANIZATIONS ARISING UNDER ARTICLE 2 ( 1 ).
2 . DETAILED RULES FOR THE APPLICATION OF PARAGRAPH 1 SHALL BE ADOPTED IN ACCORDANCE WITH THE PROCEDURE LAID DOWN IN ARTICLE 38 OF REGULATION NO 136/66/EEC .
ARTICLE 4
ARTICLES 5 ( 3 ), 12 ( 1 ) AND 20D ( 2 ) OF REGULATION NO 136/66/EEC SHALL APPLY TO THE PRODUCER ORGANIZATIONS SPECIFIED IN ARTICLE 2 OF THIS REGULATION .
ARTICLE 5
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 LUXEMBOURG , 19 OCTOBER 1981 .
FOR THE COUNCIL
THE PRESIDENT
P . WALKER