Pending: 32001D0670

THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Regulation No 136/66/EEC of 22 September 1966 on the establishment of a common organisation of the market in oils and fats(1), as last amended by Regulation (EC) No 1513/2001(2), and in particular Article 5(4) thereof,Whereas:(1) Article 5(4) of Regulation No 136/66/EEC grants the Member States the possibility of allocating part of their national guaranteed quantities and of their olive-oil production aid to support for table olives under conditions to be approved by the Commission in accordance with the procedure laid down in Article 38 of that Regulation.(2) Portugal has presented a request in respect of the 2001/02, 2002/03 and 2003/04 marketing years.(3) Provision should be made for the aid to be granted to growers of processed table olives from olive groves in Portugal and the conditions governing the granting of the aid should be specified.(4) The processing period should be defined as running from 1 September to 31 August. Olives which have undergone initial treatment in brine lasting at least 15 days and have been removed from the brine definitively or failing that have undergone treatment making them fit for human consumption should be deemed to be processed olives.(5) The weight of processed table olives on which aid is payable and the equivalence between processed table olives and olive oil should be determined for the purposes of calculating the unit aid on table olives and of administering the national guaranteed quantities.(6) Undertakings processing table olives must be approved in accordance with conditions to be determined.(7) Provisions should be laid down for checks on aid for table olives. Those provisions must in particular cover crop declarations by table-olive growers, notifications by processors of the quantities of olives delivered by growers and leaving the processing chain, and the obligations on paying agencies regarding controls. Provision should be made for penalties on table-olive growers where their declarations conflict with the results of checks conducted.(8) The information needed for calculating the aid to be granted to growers of processed table olives should be determined. An advance on the aid may be granted under certain conditions.(9) Portugal must notify the Commission of the national measures adopted for the purposes of applying this Decision and of the information used for calculating the advance on the aid and the definitive aid.(10) The measures provided for in this Decision are in accordance with the opinion of the Management Committee for Oils and Fats,

Article 1
For the 2001/02, 2002/03 and 2003/04 olive-oil marketing years, Portugal is hereby authorised to grant aid for the production of table olives in accordance with this Decision.

Article 2
1. Aid for the production of table olives shall be granted to growers of olives which come from olive groves in Portugal and are sent to approved processing undertakings for processing into table olives.
2. For each olive-oil marketing year aid shall be granted for table olives processed between 1 September of the preceding marketing year and 31 August of the marketing year concerned.
3. Within the meaning of this Decision, “processed table olives” means olives that have undergone initial treatment in brine for at least 15 days and have been removed from the brine definitively or failing that have undergone treatment making them fit for human consumption.

Article 3
1. For the purposes of calculating the unit aid on table olives and of administering the national guaranteed quantities of olive oil, 100 kg of processed table olives shall be deemed to be equivalent to 11,5 kg of olive oil eligible for production aid as provided for in Article 5 of Regulation No 136/66/EEC.
2. The weight of processed table olives to be taken into consideration shall be the drained net weight of whole olives after processing, possibly bruised but not stoned.

Article 4
1. Approval numbers shall be allocated to undertakings which:
– submit an application for approval by 30 September preceding the olive-oil marketing year in question, accompanied by the information referred to in paragraph 2 and the commitments referred to in paragraph 3,
– market processed table olives, with or without additional preparation,
– have plant capable of processing at least 30 tonnes of olives per year.
2. Applications for approval shall include at least:
– a description of the processing plant and storage facilities, with details of their capacity,
– a description of the forms of table-olive preparations marketed, indicating the processing coefficient for each of them,
– details of stocks of table olives at various stages of preparation, by form of preparation, as at 1 September preceding the olive-oil marketing year in question.
3. For the purposes of approval, processors shall undertake:
– to keep table olives on which aid is payable separate from table olives originating in non-member countries and those on which aid is not payable when taking delivery of, processing and storing them,
– to keep stock accounts covering table olives, linked to the financial accounts and indicating, for each day:
(a) the quantities of olives entering the establishment, showing each consignment separately and identifying the grower of each;
(b) the quantities of olives sent for processing and the quantities of table olives processed within the meaning of Article 2(3);
(c) the quantities of table olives for which the process of preparation has been completed;
(d) the quantities of table olives leaving the undertaking, broken down by form of preparation and indicating the consignees,
– to provide the grower as referred to in Article 2(1) and the competent body with the documents and the information referred to in Article 6 in accordance with the conditions laid down therein,
– to submit to all checks provided for under this Decision.
4. Approval shall be refused or immediately withdrawn where undertakings:
– fail to comply or no longer comply with the conditions for approval, or
– are prosecuted by the competent authorities for irregularities in respect of the arrangements provided for in Regulation No 136/66/EEC, or

Article 5
For the purposes of granting the aid for the production of table olives, in addition to the crop declaration laid down for olive-oil production aid, by 1 December of the current marketing year growers shall lodge a supplementary declaration or, as appropriate, a new declaration containing the same information as the crop declaration for olive oil but referring to table olives.
Where the information concerned has already been furnished by a crop declaration for olive oil and has not been subject to modification, the supplementary declaration shall simply indicate the references to the crop declaration and the parcels concerned.
The declarations concerning table olives shall be included in the alphanumeric database provided for in connection with the aid scheme for olive oil production.

Article 6
1. On delivery of the final consignment of olives and no later than 30 June, approved undertakings shall issue growers as referred to in Article 2(1) with a certificate of delivery showing the net weight of olives entering the undertaking.
The certificate must be supported by all the documentation relating to the weight of the olive consignments delivered.
2. Approved undertakings shall notify the competent body and the control agency:
(a) by the 10th day of each month, of:
– the quantities of olives received, sent for processing and processed within the meaning of Article 2(3) in the course of the previous month,
– the quantities of olives prepared and sent out, broken down by form of preparation, in the course of the previous month,
– the aggregate quantities referred to in the first two indents and the stock situation at the end of the previous month;
(b) before 1 July, of the names of growers as referred to in Article 2(1) for the processing period referred to in Article 2(2) and of the quantities covered by certificates issued to them in accordance with paragraph 1;
(c) before 1 June, of the total quantities delivered for the processing period referred to in Article 2(2) and of the corresponding total quantities processed.

Article 7
1. Before 1 July of the current marketing year, table-olive growers shall lodge aid applications, directly or indirectly, with the competent body, containing at least the following details:
– the name and address of the grower,
– the location of the holdings and the parcels where olives were harvested, with a reference to the relevant crop declaration,
– the approved undertaking to which the olives were delivered.
Such applications shall be accompanied by certificates of delivery as referred to in Article 6(1).
Where applicable, applications may be accompanied by an application for an advance on the aid.
2. Applications lodged after the deadline shall incur a penalty consisting of a reduction of 1 % of the amount to which the grower would have been entitled had the application been lodged by the due date, for each working day of delay. Applications lodged more than 25 days late shall be refused.

Article 8
1. Before the definitive payment of the aid, the competent body shall carry out the controls required to check:
– the quantities of olives covered by certificates of delivery issued,
– the quantities of table olives processed, broken down by grower.
Controls shall involve:
– several physical inspections of goods in stock and a check of the accounts of approved undertakings,
– stricter checks of aid applications from olive growers applying for aid on both table olives and olive oil.
2. Portugal shall see that all the necessary controls are in place to ensure that:
– entitlement to table-olive production aid is respected,
– olives entering an undertaking approved under this Decision are excluded from eligibility for olive-oil production aid,
– no more than one aid application is lodged for the same olives.
3. Without prejudice to the penalties laid down by Portugal, no aid shall be granted to growers as referred to in Article 2(1) whose declarations as provided for in Article 5 or whose aid applications in accordance with Article 7 prove to conflict with the results of checks conducted. However, Article 15 of Commission Regulation (EC) No 2366/98(3) shall apply mutatis mutandis.

Article 9
1. Growers as referred to in Article 2(1) may receive an advance on the aid requested. The advance shall be equal to the unit amount referred to in Article 17a(1) of Council Regulation (EEC) No 2261/84(4), multiplied by the quantity of olive oil equivalent, in accordance with Article 3(1) of this Decision, to the relevant quantity of table olives processed.
For the purposes of granting advances to growers, the quantity of table olives processed shall be determined by applying a provisional processing coefficient to the quantity appearing in the certificate of delivery, as confirmed by the further information notified to the competent body. That coefficient shall be established by the competent body depending on the data available on the approved undertaking concerned. However, the quantity of table olives taken into consideration may not exceed 90 % of the quantity of table olives delivered.
2. Advances on the aid shall be paid from 16 October of the current marketing year to growers applying therefor in accordance with Article 7(1).

Article 10
1. Without prejudice to the reductions provided for in Article 20d of Regulation No 136/66/EEC, the aid shall be equal to the unit amount referred to in Article 17a(2) of Regulation (EEC) No 2261/84, multiplied by the quantity of olive oil equivalent, in accordance with Article 3(1) of this Decision, to the relevant quantity of table olives processed.
For the purposes of granting the aid to growers as referred to in Article 2(1), the quantity of table olives processed shall be determined by applying a processing coefficient for the undertaking concerned to the quantity appearing in the certificate of delivery, as confirmed by the further information notified to the competent body. That coefficient shall be equal to the ratio between the total quantity of table olives processed on the one hand, and the total quantity of table olives covered by certificates of delivery issued on the other hand, in respect of the olive-oil marketing year concerned.
Where the quantity of processed olives corresponding to the quantity set out in the certificate of delivery cannot be established, the quantities of table olives processed for the growers concerned shall be calculated on the basis of the average coefficient for the other undertakings. However, without prejudice to any claims which the olive growers concerned might make against the undertaking, that quantity of processed olives may not exceed 75 % of the quantity shown in the certificate of delivery.
2. Once the controls referred to in Article 8 have been carried out, the aid or, where applicable, the balance of the aid shall be paid to the grower in full within 90 days of fixing by the Commission of the unit amount thereof.

Article 11
Portugal shall notify the Commission:
– without delay, of the national measures taken pursuant to this Decision,
– before 1 August of each marketing year, of the quantities of olive oil equivalent to the estimated output of table olives processed and of the provisional processing coefficients for that estimate,
– before 16 June of each subsequent marketing year, of the quantities of olive oil equivalent to the actual output of table olives processed and of the processing coefficients adopted.

Article 12
This Decision shall apply from 1 September 2001.

Article 13
This Decision is addressed to the Portuguese Republic.
Done at Brussels, 10 August 2001.
For the Commission
Franz Fischler
Member of the Commission
(1) OJ 172, 30.09.1966, p. 3025/66.
(2) OJ L 201, 26.7.2001, p. 4.
(3) OJ L 293, 31.10.1998, p. 50.
(4) OJ L 208, 3.8.1984, p. 3.

THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Regulation No 136/66/EEC of 22 September 1966 on the establishment of a common organisation of the market in oils and fats(1), as last amended by Regulation (EC) No 1513/2001(2), and in particular Article 5(4) thereof,Whereas:(1) Article 5(4) of Regulation No 136/66/EEC grants the Member States the possibility of allocating part of their national guaranteed quantities and of their olive-oil production aid to support for table olives under conditions to be approved by the Commission in accordance with the procedure laid down in Article 38 of that Regulation.(2) Portugal has presented a request in respect of the 2001/02, 2002/03 and 2003/04 marketing years.(3) Provision should be made for the aid to be granted to growers of processed table olives from olive groves in Portugal and the conditions governing the granting of the aid should be specified.(4) The processing period should be defined as running from 1 September to 31 August. Olives which have undergone initial treatment in brine lasting at least 15 days and have been removed from the brine definitively or failing that have undergone treatment making them fit for human consumption should be deemed to be processed olives.(5) The weight of processed table olives on which aid is payable and the equivalence between processed table olives and olive oil should be determined for the purposes of calculating the unit aid on table olives and of administering the national guaranteed quantities.(6) Undertakings processing table olives must be approved in accordance with conditions to be determined.(7) Provisions should be laid down for checks on aid for table olives. Those provisions must in particular cover crop declarations by table-olive growers, notifications by processors of the quantities of olives delivered by growers and leaving the processing chain, and the obligations on paying agencies regarding controls. Provision should be made for penalties on table-olive growers where their declarations conflict with the results of checks conducted.(8) The information needed for calculating the aid to be granted to growers of processed table olives should be determined. An advance on the aid may be granted under certain conditions.(9) Portugal must notify the Commission of the national measures adopted for the purposes of applying this Decision and of the information used for calculating the advance on the aid and the definitive aid.(10) The measures provided for in this Decision are in accordance with the opinion of the Management Committee for Oils and Fats,
For the 2001/02, 2002/03 and 2003/04 olive-oil marketing years, Portugal is hereby authorised to grant aid for the production of table olives in accordance with this Decision.
1. Aid for the production of table olives shall be granted to growers of olives which come from olive groves in Portugal and are sent to approved processing undertakings for processing into table olives.
2. For each olive-oil marketing year aid shall be granted for table olives processed between 1 September of the preceding marketing year and 31 August of the marketing year concerned.
3. Within the meaning of this Decision, “processed table olives” means olives that have undergone initial treatment in brine for at least 15 days and have been removed from the brine definitively or failing that have undergone treatment making them fit for human consumption.
1. For the purposes of calculating the unit aid on table olives and of administering the national guaranteed quantities of olive oil, 100 kg of processed table olives shall be deemed to be equivalent to 11,5 kg of olive oil eligible for production aid as provided for in Article 5 of Regulation No 136/66/EEC.
2. The weight of processed table olives to be taken into consideration shall be the drained net weight of whole olives after processing, possibly bruised but not stoned.
1. Approval numbers shall be allocated to undertakings which:
– submit an application for approval by 30 September preceding the olive-oil marketing year in question, accompanied by the information referred to in paragraph 2 and the commitments referred to in paragraph 3,
– market processed table olives, with or without additional preparation,
– have plant capable of processing at least 30 tonnes of olives per year.
2. Applications for approval shall include at least:
– a description of the processing plant and storage facilities, with details of their capacity,
– a description of the forms of table-olive preparations marketed, indicating the processing coefficient for each of them,
– details of stocks of table olives at various stages of preparation, by form of preparation, as at 1 September preceding the olive-oil marketing year in question.
3. For the purposes of approval, processors shall undertake:
– to keep table olives on which aid is payable separate from table olives originating in non-member countries and those on which aid is not payable when taking delivery of, processing and storing them,
– to keep stock accounts covering table olives, linked to the financial accounts and indicating, for each day:
(a) the quantities of olives entering the establishment, showing each consignment separately and identifying the grower of each;
(b) the quantities of olives sent for processing and the quantities of table olives processed within the meaning of Article 2(3);
(c) the quantities of table olives for which the process of preparation has been completed;
(d) the quantities of table olives leaving the undertaking, broken down by form of preparation and indicating the consignees,
– to provide the grower as referred to in Article 2(1) and the competent body with the documents and the information referred to in Article 6 in accordance with the conditions laid down therein,
– to submit to all checks provided for under this Decision.
4. Approval shall be refused or immediately withdrawn where undertakings:
– fail to comply or no longer comply with the conditions for approval, or
– are prosecuted by the competent authorities for irregularities in respect of the arrangements provided for in Regulation No 136/66/EEC, or
For the purposes of granting the aid for the production of table olives, in addition to the crop declaration laid down for olive-oil production aid, by 1 December of the current marketing year growers shall lodge a supplementary declaration or, as appropriate, a new declaration containing the same information as the crop declaration for olive oil but referring to table olives.
Where the information concerned has already been furnished by a crop declaration for olive oil and has not been subject to modification, the supplementary declaration shall simply indicate the references to the crop declaration and the parcels concerned.
The declarations concerning table olives shall be included in the alphanumeric database provided for in connection with the aid scheme for olive oil production.
1. On delivery of the final consignment of olives and no later than 30 June, approved undertakings shall issue growers as referred to in Article 2(1) with a certificate of delivery showing the net weight of olives entering the undertaking.
The certificate must be supported by all the documentation relating to the weight of the olive consignments delivered.
2. Approved undertakings shall notify the competent body and the control agency:
(a) by the 10th day of each month, of:
– the quantities of olives received, sent for processing and processed within the meaning of Article 2(3) in the course of the previous month,
– the quantities of olives prepared and sent out, broken down by form of preparation, in the course of the previous month,
– the aggregate quantities referred to in the first two indents and the stock situation at the end of the previous month;
(b) before 1 July, of the names of growers as referred to in Article 2(1) for the processing period referred to in Article 2(2) and of the quantities covered by certificates issued to them in accordance with paragraph 1;
(c) before 1 June, of the total quantities delivered for the processing period referred to in Article 2(2) and of the corresponding total quantities processed.
1. Before 1 July of the current marketing year, table-olive growers shall lodge aid applications, directly or indirectly, with the competent body, containing at least the following details:
– the name and address of the grower,
– the location of the holdings and the parcels where olives were harvested, with a reference to the relevant crop declaration,
– the approved undertaking to which the olives were delivered.
Such applications shall be accompanied by certificates of delivery as referred to in Article 6(1).
Where applicable, applications may be accompanied by an application for an advance on the aid.
2. Applications lodged after the deadline shall incur a penalty consisting of a reduction of 1 % of the amount to which the grower would have been entitled had the application been lodged by the due date, for each working day of delay. Applications lodged more than 25 days late shall be refused.
1. Before the definitive payment of the aid, the competent body shall carry out the controls required to check:
– the quantities of olives covered by certificates of delivery issued,
– the quantities of table olives processed, broken down by grower.
Controls shall involve:
– several physical inspections of goods in stock and a check of the accounts of approved undertakings,
– stricter checks of aid applications from olive growers applying for aid on both table olives and olive oil.
2. Portugal shall see that all the necessary controls are in place to ensure that:
– entitlement to table-olive production aid is respected,
– olives entering an undertaking approved under this Decision are excluded from eligibility for olive-oil production aid,
– no more than one aid application is lodged for the same olives.
3. Without prejudice to the penalties laid down by Portugal, no aid shall be granted to growers as referred to in Article 2(1) whose declarations as provided for in Article 5 or whose aid applications in accordance with Article 7 prove to conflict with the results of checks conducted. However, Article 15 of Commission Regulation (EC) No 2366/98(3) shall apply mutatis mutandis.
1. Growers as referred to in Article 2(1) may receive an advance on the aid requested. The advance shall be equal to the unit amount referred to in Article 17a(1) of Council Regulation (EEC) No 2261/84(4), multiplied by the quantity of olive oil equivalent, in accordance with Article 3(1) of this Decision, to the relevant quantity of table olives processed.
For the purposes of granting advances to growers, the quantity of table olives processed shall be determined by applying a provisional processing coefficient to the quantity appearing in the certificate of delivery, as confirmed by the further information notified to the competent body. That coefficient shall be established by the competent body depending on the data available on the approved undertaking concerned. However, the quantity of table olives taken into consideration may not exceed 90 % of the quantity of table olives delivered.
2. Advances on the aid shall be paid from 16 October of the current marketing year to growers applying therefor in accordance with Article 7(1).
1. Without prejudice to the reductions provided for in Article 20d of Regulation No 136/66/EEC, the aid shall be equal to the unit amount referred to in Article 17a(2) of Regulation (EEC) No 2261/84, multiplied by the quantity of olive oil equivalent, in accordance with Article 3(1) of this Decision, to the relevant quantity of table olives processed.
For the purposes of granting the aid to growers as referred to in Article 2(1), the quantity of table olives processed shall be determined by applying a processing coefficient for the undertaking concerned to the quantity appearing in the certificate of delivery, as confirmed by the further information notified to the competent body. That coefficient shall be equal to the ratio between the total quantity of table olives processed on the one hand, and the total quantity of table olives covered by certificates of delivery issued on the other hand, in respect of the olive-oil marketing year concerned.
Where the quantity of processed olives corresponding to the quantity set out in the certificate of delivery cannot be established, the quantities of table olives processed for the growers concerned shall be calculated on the basis of the average coefficient for the other undertakings. However, without prejudice to any claims which the olive growers concerned might make against the undertaking, that quantity of processed olives may not exceed 75 % of the quantity shown in the certificate of delivery.
2. Once the controls referred to in Article 8 have been carried out, the aid or, where applicable, the balance of the aid shall be paid to the grower in full within 90 days of fixing by the Commission of the unit amount thereof.
Portugal shall notify the Commission:
– without delay, of the national measures taken pursuant to this Decision,
– before 1 August of each marketing year, of the quantities of olive oil equivalent to the estimated output of table olives processed and of the provisional processing coefficients for that estimate,
– before 16 June of each subsequent marketing year, of the quantities of olive oil equivalent to the actual output of table olives processed and of the processing coefficients adopted.
This Decision shall apply from 1 September 2001.
This Decision is addressed to the Portuguese Republic.
Done at Brussels, 10 August 2001.
For the Commission
Franz Fischler
Member of the Commission
(1) OJ 172, 30.09.1966, p. 3025/66.
(2) OJ L 201, 26.7.2001, p. 4.
(3) OJ L 293, 31.10.1998, p. 50.
(4) OJ L 208, 3.8.1984, p. 3.

Pending: 32001D0658

THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Regulation No 136/66/EEC of 22 September 1966 on the establishment of a common organisation of the market in oils and fats(1), as last amended by Regulation (EC) No 1513/2001(2), and in particular Article 5(4) thereof,Whereas:(1) Article 5(4) of Regulation No 136/66/EEC grants the Member States the possibility of allocating part of their national guaranteed quantities and of their olive-oil production aid to support for table olives under conditions to be approved by the Commission in accordance with the procedure laid down in Article 38 of that Regulation.(2) Italy has presented a request in respect of the 2001/02, 2002/03 and 2003/04 marketing years and detailed rules should be laid down for the granting of the aid.(3) Provision should be made for the aid to be granted to growers of processed table olives from olive groves in Italy and the conditions governing the granting of the aid should be specified.(4) The processing period should be defined as running from 1 September to 31 August. Olives which have undergone initial treatment in brine lasting at least 15 days and have been removed from the brine definitively or failing that have undergone treatment making them fit for human consumption should be deemed to be processed olives.(5) The weight of processed table olives for which aid is payable and the equivalence between processed table olives and olive oil should be determined for the purposes of calculating the unit aid for table olives and of administering the national guaranteed quantities.(6) Undertakings processing table olives must be approved in accordance with conditions to be determined.(7) Provisions should be laid down for checks on aid for table olives. Those provisions must in particular cover crop declarations by table-olive growers, notifications by processors of the quantities of olives delivered by growers and leaving the processing chain, and the obligations on paying agencies regarding checks. Provision should be made for penalties on table-olive growers where their declarations conflict with the results of checks.(8) The information needed for calculating the aid to be granted to growers of processed table olives should be determined. An advance on the aid may be granted under certain conditions.(9) Italy must notify the Commission of the national measures adopted for the purposes of applying this Decision and of the information used for calculating the advance on the aid and the definitive aid.(10) The measures provided for in this Decision are in accordance with the opinion of the Management Committee for Oils and Fats,

Article 1
For the 2001/02, 2002/03 and 2003/04 marketing years, Italy is authorised to grant aid for the production of table olives in accordance with this Decision.

Article 2
1. Aid for the production of table olives shall be granted to growers of olives which come from olive groves in Italy and are sent to approved processing undertakings for processing into table olives.
2. For each olive-oil marketing year, aid shall be granted for table olives processed between 1 September of the preceding marketing year and 31 August of the marketing year concerned.
3. Within the meaning of this Decision, “processed table olives” means olives that have undergone at least 15 days’ initial treatment in brine and have been removed from the brine definitively or failing that have undergone treatment making them fit for human consumption.

Article 3
1. For the purposes of calculating the unit aid for table olives and of administering the national guaranteed quantities of olive oil, 100 kg of processed table olives shall be deemed to be equivalent to 13 kg of olive oil eligible for production aid as provided for in Article 5 of Regulation No 136/66/EEC.
2. The weight of processed table olives to be taken into consideration shall be the drained net weight of whole olives after processing, possibly bruised but not stoned.

Article 4
1. Approval numbers shall be allocated to undertakings which:
– submit an application for approval by 30 September preceding the olive oil marketing year in question, accompanied by the information referred to in paragraph 2 and the commitments referred to in paragraph 3,
– market processed table olives, with or without additional preparation,
– have plant capable of processing at least 50 tonnes of olives per year.
2. Applications for approval shall include at least:
– a description of the processing plant and storage facilities, with details of their capacity,
– a description of the forms of table-olive preparations marketed, indicating the average weight of processed table olives required for 1 kg of each type of prepared product,
– details of stocks of table olives at various stages of preparation, by form of preparation, as at 1 September preceding the olive-oil marketing year in question.
3. For the purposes of approval, processors shall undertake:
– to keep table olives for which aid is payable separate from table olives originating in non-member countries and those for which aid is not payable when taking delivery of, processing and storing them,
– to keep stock records covering table olives, linked to the financial accounts and indicating, for each day:
(a) the quantities of olives entering the establishment, showing each consignment separately and identifying the grower of each;
(b) the quantities of olives sent for processing and the quantities of table olives processed within the meaning of Article 2(3);
(c) the quantities of table olives for which the process of preparation has been completed;
(d) the quantities of table olives leaving the undertaking, broken down by form of preparation and indicating the consignees,
– to provide the grower as referred to in Article 2(1) and the competent body with the documents and the information referred to in Article 6 in accordance with the conditions laid down therein,
– to submit to all checks provided for under this Decision.
4. Approval shall be refused or immediately withdrawn where undertakings:
– fail to comply or no longer comply with the conditions for approval, or
– are prosecuted by the competent authorities for irregularities in respect of the arrangements provided for in Regulation No 136/66/EEC, or

Article 5
For the purposes of granting the aid for the production of table olives, by 1 December of the current marketing year growers shall lodge a crop attestation, directly or indirectly, with the competent body confirming that the declaration laid down for olive oil production aid also covers table olives or, as appropriate, a new declaration containing the same information as the crop declaration for olive oil but referring to table olives.
Where the information concerned has already been furnished by a crop declaration for olive oil and has not been subject to modification, the supplementary declaration shall simply indicate the references to the crop declaration and the parcels concerned.
The declarations concerning table olives shall be included in the alphanumeric database provided for in connection with the aid scheme for olive oil production.

Article 6
1. During the month following delivery of the final consignment of olives and no later than 30 June, approved undertakings shall issue growers as referred to in Article 2(1) with a certificate of delivery showing the net weight of olives entering the undertaking.
The certificate must be supported by all the documentation relating to the weight of the consignments of olives delivered.
2. Approved undertakings shall notify the competent body and the control agency:
(a) before the 10 day of each month, of:
– the quantities of olives received, sent for processing and processed within the meaning of Article 2(3) in the course of the previous month,
– the quantities of olives prepared and sent out, broken down by form of preparation, in the course of the previous month,
– the aggregate quantities referred to in the first two indents and the stock situation at the end of the previous month;
(b) before 1 July, of the names of growers as referred to in Article 2(1) for the processing period referred to in Article 2(2) and of the quantities covered by certificates issued to them in accordance with paragraph 1;
(c) before 1 June of the following marketing year, of the total quantities delivered for the processing period referred to in Article 2(2) and of the corresponding total quantities processed.

Article 7
1. Before 1 July of the current marketing year, table-olive growers shall lodge aid applications, directly or indirectly, with the competent body, containing at least the following details:
– the name and address of the grower,
– a reference to the relevant crop declaration,
– the approved undertaking to which the olives were delivered.
Such applications shall be accompanied by certificates of delivery as referred to in Article 6(1).
Where applicable, applications may be accompanied by an application for an advance on the aid.
2. Applications lodged after the deadline shall incur a penalty consisting of a reduction of 1 % of the amount to which the grower would have been entitled had the application been lodged by the due date, for each working day of delay. Applications lodged more than 25 days late shall be refused.

Article 8
1. Before the definitive payment of the aid, the competent body shall carry out the controls required to check:
– the quantities of table olives covered by certificates of delivery,
– the quantities of table olives processed, broken down by grower.
Controls shall involve:
– several physical inspections of goods in stock and a check of the accounts of approved undertakings,
– stricter checks of aid applications from olive growers applying for aid for both table olives and olive oil.
2. Italy shall see that all the necessary controls are in place to ensure that:
– entitlement to table-olive production aid is respected,
– olives entering an undertaking approved under this Decision are excluded from eligibility for olive-oil production aid,
– no more than one aid application is lodged for the same olives.
3. Without prejudice to the penalties laid down by Italy, no aid shall be granted to growers as referred to in Article 2(1) whose declarations as provided for in Article 5 or whose aid applications in accordance with Article 7 prove to conflict with the results of checks. However, Article 15 of Regulation (EC) No 2366/98 shall apply mutatis mutandis.

Article 9
1. Growers as referred to in Article 2(1) may receive an advance on the aid requested. The advance shall be equal to the unit amount referred to in Article 17a(1) of Regulation (EEC) No 2261/84, multiplied by the quantity of olive oil equivalent, in accordance with Article 3(1) of this Decision, to the relevant quantity of table olives processed.
For the purposes of granting advances to growers, the quantity of table olives processed shall be determined by applying a provisional processing coefficient to the quantity appearing in the certificate of delivery, as confirmed by the other information notified to the competent body. That coefficient shall be established by the competent body on the basis of the data available on the approved undertaking concerned. However, the quantity of table olives taken into consideration may not exceed 90 % of the quantity of table olives delivered.
2. Advances on the aid shall be paid from 16 October of the current marketing year to growers applying therefor in accordance with Article 7(1).

Article 10
1. Without prejudice to the reductions provided for in Article 20d of Regulation No 136/66/EEC, the aid shall be equal to the unit amount referred to in Article 17a(2) of Regulation (EEC) No 2261/84 multiplied by the quantity of olive oil equivalent, in accordance with Article 3(1) of this Decision, to the relevant quantity of table olives processed.
For the purposes of granting the aid to growers as referred to in Article 2(1), the quantity of table olives processed shall be determined by applying a processing coefficient for the undertaking concerned to the quantity appearing in the certificate of delivery, as confirmed by the other information notified to the competent body. That coefficient shall be equal to the ratio between the total quantity of table olives processed on the one hand, and the total quantity of table olives covered by certificates of delivery on the other hand, in respect of the olive oil marketing year concerned.
Where the quantity of processed olives corresponding to the quantity set out in the certificate of delivery cannot be established, the quantities of table olives processed for the growers concerned shall be calculated using the average coefficient for the other undertakings. However, without prejudice to any claims which the olive growers concerned might make against the undertaking, that quantity of processed olives may not exceed 75 % of the quantity shown in the certificate of delivery.
2. Once the controls referred to in Article 8 have been carried out, the aid or, where applicable, the balance of the aid shall be paid to the grower in full within 90 days of the Commission fixing the unit amount thereof.

Article 11
Italy shall notify the Commission:
– without delay, of the national measures taken pursuant to this Decision,
– before 1 August of each marketing year, of the quantities of olive oil equivalent to the estimated output of table olives processed and of the provisional processing coefficients for that estimate,
– before 16 June of each subsequent marketing year, of the quantities of olive oil equivalent to the actual output of table olives processed and of the processing coefficients adopted.

Article 12
This Decision shall apply from 1 September 2001.

Article 13
This Decision is addressed to the Italian Republic.
Done at Brussels, 10 August 2001.
For the Commission
Franz Fischler
Member of the Commission
(1) OJ 172, 30.9.1966, p. 3025/66.
(2) OJ L 201, 26.7.2001, p. 4.

THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Regulation No 136/66/EEC of 22 September 1966 on the establishment of a common organisation of the market in oils and fats(1), as last amended by Regulation (EC) No 1513/2001(2), and in particular Article 5(4) thereof,Whereas:(1) Article 5(4) of Regulation No 136/66/EEC grants the Member States the possibility of allocating part of their national guaranteed quantities and of their olive-oil production aid to support for table olives under conditions to be approved by the Commission in accordance with the procedure laid down in Article 38 of that Regulation.(2) Italy has presented a request in respect of the 2001/02, 2002/03 and 2003/04 marketing years and detailed rules should be laid down for the granting of the aid.(3) Provision should be made for the aid to be granted to growers of processed table olives from olive groves in Italy and the conditions governing the granting of the aid should be specified.(4) The processing period should be defined as running from 1 September to 31 August. Olives which have undergone initial treatment in brine lasting at least 15 days and have been removed from the brine definitively or failing that have undergone treatment making them fit for human consumption should be deemed to be processed olives.(5) The weight of processed table olives for which aid is payable and the equivalence between processed table olives and olive oil should be determined for the purposes of calculating the unit aid for table olives and of administering the national guaranteed quantities.(6) Undertakings processing table olives must be approved in accordance with conditions to be determined.(7) Provisions should be laid down for checks on aid for table olives. Those provisions must in particular cover crop declarations by table-olive growers, notifications by processors of the quantities of olives delivered by growers and leaving the processing chain, and the obligations on paying agencies regarding checks. Provision should be made for penalties on table-olive growers where their declarations conflict with the results of checks.(8) The information needed for calculating the aid to be granted to growers of processed table olives should be determined. An advance on the aid may be granted under certain conditions.(9) Italy must notify the Commission of the national measures adopted for the purposes of applying this Decision and of the information used for calculating the advance on the aid and the definitive aid.(10) The measures provided for in this Decision are in accordance with the opinion of the Management Committee for Oils and Fats,
For the 2001/02, 2002/03 and 2003/04 marketing years, Italy is authorised to grant aid for the production of table olives in accordance with this Decision.
1. Aid for the production of table olives shall be granted to growers of olives which come from olive groves in Italy and are sent to approved processing undertakings for processing into table olives.
2. For each olive-oil marketing year, aid shall be granted for table olives processed between 1 September of the preceding marketing year and 31 August of the marketing year concerned.
3. Within the meaning of this Decision, “processed table olives” means olives that have undergone at least 15 days’ initial treatment in brine and have been removed from the brine definitively or failing that have undergone treatment making them fit for human consumption.
1. For the purposes of calculating the unit aid for table olives and of administering the national guaranteed quantities of olive oil, 100 kg of processed table olives shall be deemed to be equivalent to 13 kg of olive oil eligible for production aid as provided for in Article 5 of Regulation No 136/66/EEC.
2. The weight of processed table olives to be taken into consideration shall be the drained net weight of whole olives after processing, possibly bruised but not stoned.
1. Approval numbers shall be allocated to undertakings which:
– submit an application for approval by 30 September preceding the olive oil marketing year in question, accompanied by the information referred to in paragraph 2 and the commitments referred to in paragraph 3,
– market processed table olives, with or without additional preparation,
– have plant capable of processing at least 50 tonnes of olives per year.
2. Applications for approval shall include at least:
– a description of the processing plant and storage facilities, with details of their capacity,
– a description of the forms of table-olive preparations marketed, indicating the average weight of processed table olives required for 1 kg of each type of prepared product,
– details of stocks of table olives at various stages of preparation, by form of preparation, as at 1 September preceding the olive-oil marketing year in question.
3. For the purposes of approval, processors shall undertake:
– to keep table olives for which aid is payable separate from table olives originating in non-member countries and those for which aid is not payable when taking delivery of, processing and storing them,
– to keep stock records covering table olives, linked to the financial accounts and indicating, for each day:
(a) the quantities of olives entering the establishment, showing each consignment separately and identifying the grower of each;
(b) the quantities of olives sent for processing and the quantities of table olives processed within the meaning of Article 2(3);
(c) the quantities of table olives for which the process of preparation has been completed;
(d) the quantities of table olives leaving the undertaking, broken down by form of preparation and indicating the consignees,
– to provide the grower as referred to in Article 2(1) and the competent body with the documents and the information referred to in Article 6 in accordance with the conditions laid down therein,
– to submit to all checks provided for under this Decision.
4. Approval shall be refused or immediately withdrawn where undertakings:
– fail to comply or no longer comply with the conditions for approval, or
– are prosecuted by the competent authorities for irregularities in respect of the arrangements provided for in Regulation No 136/66/EEC, or
For the purposes of granting the aid for the production of table olives, by 1 December of the current marketing year growers shall lodge a crop attestation, directly or indirectly, with the competent body confirming that the declaration laid down for olive oil production aid also covers table olives or, as appropriate, a new declaration containing the same information as the crop declaration for olive oil but referring to table olives.
Where the information concerned has already been furnished by a crop declaration for olive oil and has not been subject to modification, the supplementary declaration shall simply indicate the references to the crop declaration and the parcels concerned.
The declarations concerning table olives shall be included in the alphanumeric database provided for in connection with the aid scheme for olive oil production.
1. During the month following delivery of the final consignment of olives and no later than 30 June, approved undertakings shall issue growers as referred to in Article 2(1) with a certificate of delivery showing the net weight of olives entering the undertaking.
The certificate must be supported by all the documentation relating to the weight of the consignments of olives delivered.
2. Approved undertakings shall notify the competent body and the control agency:
(a) before the 10 day of each month, of:
– the quantities of olives received, sent for processing and processed within the meaning of Article 2(3) in the course of the previous month,
– the quantities of olives prepared and sent out, broken down by form of preparation, in the course of the previous month,
– the aggregate quantities referred to in the first two indents and the stock situation at the end of the previous month;
(b) before 1 July, of the names of growers as referred to in Article 2(1) for the processing period referred to in Article 2(2) and of the quantities covered by certificates issued to them in accordance with paragraph 1;
(c) before 1 June of the following marketing year, of the total quantities delivered for the processing period referred to in Article 2(2) and of the corresponding total quantities processed.
1. Before 1 July of the current marketing year, table-olive growers shall lodge aid applications, directly or indirectly, with the competent body, containing at least the following details:
– the name and address of the grower,
– a reference to the relevant crop declaration,
– the approved undertaking to which the olives were delivered.
Such applications shall be accompanied by certificates of delivery as referred to in Article 6(1).
Where applicable, applications may be accompanied by an application for an advance on the aid.
2. Applications lodged after the deadline shall incur a penalty consisting of a reduction of 1 % of the amount to which the grower would have been entitled had the application been lodged by the due date, for each working day of delay. Applications lodged more than 25 days late shall be refused.
1. Before the definitive payment of the aid, the competent body shall carry out the controls required to check:
– the quantities of table olives covered by certificates of delivery,
– the quantities of table olives processed, broken down by grower.
Controls shall involve:
– several physical inspections of goods in stock and a check of the accounts of approved undertakings,
– stricter checks of aid applications from olive growers applying for aid for both table olives and olive oil.
2. Italy shall see that all the necessary controls are in place to ensure that:
– entitlement to table-olive production aid is respected,
– olives entering an undertaking approved under this Decision are excluded from eligibility for olive-oil production aid,
– no more than one aid application is lodged for the same olives.
3. Without prejudice to the penalties laid down by Italy, no aid shall be granted to growers as referred to in Article 2(1) whose declarations as provided for in Article 5 or whose aid applications in accordance with Article 7 prove to conflict with the results of checks. However, Article 15 of Regulation (EC) No 2366/98 shall apply mutatis mutandis.
1. Growers as referred to in Article 2(1) may receive an advance on the aid requested. The advance shall be equal to the unit amount referred to in Article 17a(1) of Regulation (EEC) No 2261/84, multiplied by the quantity of olive oil equivalent, in accordance with Article 3(1) of this Decision, to the relevant quantity of table olives processed.
For the purposes of granting advances to growers, the quantity of table olives processed shall be determined by applying a provisional processing coefficient to the quantity appearing in the certificate of delivery, as confirmed by the other information notified to the competent body. That coefficient shall be established by the competent body on the basis of the data available on the approved undertaking concerned. However, the quantity of table olives taken into consideration may not exceed 90 % of the quantity of table olives delivered.
2. Advances on the aid shall be paid from 16 October of the current marketing year to growers applying therefor in accordance with Article 7(1).
1. Without prejudice to the reductions provided for in Article 20d of Regulation No 136/66/EEC, the aid shall be equal to the unit amount referred to in Article 17a(2) of Regulation (EEC) No 2261/84 multiplied by the quantity of olive oil equivalent, in accordance with Article 3(1) of this Decision, to the relevant quantity of table olives processed.
For the purposes of granting the aid to growers as referred to in Article 2(1), the quantity of table olives processed shall be determined by applying a processing coefficient for the undertaking concerned to the quantity appearing in the certificate of delivery, as confirmed by the other information notified to the competent body. That coefficient shall be equal to the ratio between the total quantity of table olives processed on the one hand, and the total quantity of table olives covered by certificates of delivery on the other hand, in respect of the olive oil marketing year concerned.
Where the quantity of processed olives corresponding to the quantity set out in the certificate of delivery cannot be established, the quantities of table olives processed for the growers concerned shall be calculated using the average coefficient for the other undertakings. However, without prejudice to any claims which the olive growers concerned might make against the undertaking, that quantity of processed olives may not exceed 75 % of the quantity shown in the certificate of delivery.
2. Once the controls referred to in Article 8 have been carried out, the aid or, where applicable, the balance of the aid shall be paid to the grower in full within 90 days of the Commission fixing the unit amount thereof.
Italy shall notify the Commission:
– without delay, of the national measures taken pursuant to this Decision,
– before 1 August of each marketing year, of the quantities of olive oil equivalent to the estimated output of table olives processed and of the provisional processing coefficients for that estimate,
– before 16 June of each subsequent marketing year, of the quantities of olive oil equivalent to the actual output of table olives processed and of the processing coefficients adopted.
This Decision shall apply from 1 September 2001.
This Decision is addressed to the Italian Republic.
Done at Brussels, 10 August 2001.
For the Commission
Franz Fischler
Member of the Commission
(1) OJ 172, 30.9.1966, p. 3025/66.
(2) OJ L 201, 26.7.2001, p. 4.

Pending: 32001D0657

THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Decision 91/482/EEC of 25 July 1991 on the association of the overseas countries and territories with the European Economic Community(1), as last amended by Decision 2001/161/EC(2), and in particular Article 30(8)(a) of Annex II thereof,Whereas:(1) Article 30 of Annex II to Decision 91/482/EEC concerning the definition of the concept of “originating products” and methods of administrative cooperation provides that derogations from the rules of origin may be adopted where the development of existing industries or the creation of new industries in a country or territory justifies them.(2) On 18 May 2001 the French Government has requested a derogation from the rule of origin in the Annex II to Decision 91/482/EEC, in respect of an annual quantity of 1100 tonnes of frozen fillets of cod, 60 tonnes of frozen fillets of redfish, 11 tonnes of frozen fillets of plaice and 119 tonnes of frozen fillets of halibut, exported from Saint Pierre and Miquelon during a period of five years.(3) The French Government has based its request on the current shortfall in the sources of supply of other originating fish.(4) The requested derogation is justified under the terms of the provisions concerned in Article 30 of Annex II to Decision 91/482/EEC, notably with regard to the substantial nature of the processing carried out in Saint Pierre and Miquelon, because the derogation is essential for the preservation of the processing plant in question which employs large numbers and because there would be no serious injury to an established Community industry, provided that certain conditions relating to quantities, surveillance and duration are respected.(5) Since the validity of Decision 91/482/EEC was extended until 1 December 2001 by Decision 2001/161/EC, an appropriate provision should be included to ensure the validity of the derogation beyond 1 December 2001, in case a new decision on the association of the overseas countries and territories with the Community is adopted before that date or in case the validity of Decision 91/482/EEC is further extended.(6) The measures provided for in this Decision are in accordance with the opinion of the Customs Code Committee,HAS ADOPTED THIS DECISION:Article 1By way of derogation from the provisions of Annex II to Decision 91/482/EEC, frozen fillets of cod, redfish, plaice and halibut falling within CN code ex 0304 20 processed in Saint Pierre and Miquelon from non-originating fish shall be regarded as originating in Saint Pierre and Miquelon in accordance with the terms of this Decision.Article 2The derogation provided for in

Article 1
By way of derogation from the provisions of Annex II to Decision 91/482/EEC, frozen fillets of cod, redfish, plaice and halibut falling within CN code ex 0304 20 processed in Saint Pierre and Miquelon from non-originating fish shall be regarded as originating in Saint Pierre and Miquelon in accordance with the terms of this Decision.

Article 2
The derogation provided for in Article 1 shall apply to the quantities shown in the Annex to this Decision which are imported into the Community from Saint Pierre and Miquelon during the period of 1 September 2001 to 31 August 2006.

Article 3
The quantities referred to in the Annex shall be managed by the Commission, which shall take all administrative action it deems advisable for their efficient management.
Where an importer presents, in a Member State, a declaration of entry for free circulation, including an application for the benefit of this Decision, the Member State shall, if the declaration has been accepted by the customs authorities, notify the Commission of its wish to draw the amount corresponding to its requirements.
Applications to draw, showing the date of acceptance of declarations, shall be transmitted to the Commission without delay.
Withdrawals shall be granted by the Commission in order of date of acceptance of declarations of entry for free circulation by the Member States’ customs authorities, provided that the available balance permits.
If a Member State fails to use a withdrawal it shall return it, as soon as possible, to the appropriate quota.
If requests exceed the available balance of a given quota, quantities shall be allocated on a pro rata basis. The Commission shall inform the Member States of withdrawal on the quotas.
Each Member State shall ensure that importers have continuous and equal access to the amounts available as long as the balance permits.

Article 4
The customs authorities of Saint Pierce and Miquelon shall take the necessary steps to carry out quantitative checks on exports of the products referred to in Article 1. To that end, all the certificates they issue pursuant to this Decision shall bear a reference to it. The competent authorities of Saint Pierre and Miquelon shall forward to the Commission every three months a statement of the quantities in respect of which movement certificates EUR. 1 have been issued pursuant to this Decision and the serial numbers of those certificates.

Article 5
Box 7 of EUR. 1 certificates issued under this Decision shall contain one of the following phrases:
– Excepción – Decisión n° …
– Undtagelse – afgørelse nr. …
– Abweichung – Beschluss Nr …
– Παρέκκλιση – Απόφαση αριθ. …
– Derogation – Decision No …
– Dérogation – Décision n° …
– Deroga – decisione n. …
– Afwijking – Besluit nr. …
– Derrogação – Decisão n.o …
– Poikkeus – Päätös N:o …
– Undantag – beslut nr. …
indicating the number of this Decision.

Article 6
This Decision shall apply from 1 September to 30 November 2001.
However, if a new preferential regime replacing Decision 91/482/EEC beyond that date is adopted, this decision shall continue to apply until the date of expiry of such new regime, but in any case until 31 August 2006 at the latest.

Article 7
This Decision is addressed to the Member States.
Done at Brussels, 6 August 2001.
For the Commission
Frederik Bolkestein
Member of the Commission
(1) OJ L 263, 19.9.1991, p. 1.
(2) OJ L 58, 28.2.2001, p. 21.

THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Decision 91/482/EEC of 25 July 1991 on the association of the overseas countries and territories with the European Economic Community(1), as last amended by Decision 2001/161/EC(2), and in particular Article 30(8)(a) of Annex II thereof,Whereas:(1) Article 30 of Annex II to Decision 91/482/EEC concerning the definition of the concept of “originating products” and methods of administrative cooperation provides that derogations from the rules of origin may be adopted where the development of existing industries or the creation of new industries in a country or territory justifies them.(2) On 18 May 2001 the French Government has requested a derogation from the rule of origin in the Annex II to Decision 91/482/EEC, in respect of an annual quantity of 1100 tonnes of frozen fillets of cod, 60 tonnes of frozen fillets of redfish, 11 tonnes of frozen fillets of plaice and 119 tonnes of frozen fillets of halibut, exported from Saint Pierre and Miquelon during a period of five years.(3) The French Government has based its request on the current shortfall in the sources of supply of other originating fish.(4) The requested derogation is justified under the terms of the provisions concerned in Article 30 of Annex II to Decision 91/482/EEC, notably with regard to the substantial nature of the processing carried out in Saint Pierre and Miquelon, because the derogation is essential for the preservation of the processing plant in question which employs large numbers and because there would be no serious injury to an established Community industry, provided that certain conditions relating to quantities, surveillance and duration are respected.(5) Since the validity of Decision 91/482/EEC was extended until 1 December 2001 by Decision 2001/161/EC, an appropriate provision should be included to ensure the validity of the derogation beyond 1 December 2001, in case a new decision on the association of the overseas countries and territories with the Community is adopted before that date or in case the validity of Decision 91/482/EEC is further extended.(6) The measures provided for in this Decision are in accordance with the opinion of the Customs Code Committee,HAS ADOPTED THIS DECISION:Article 1By way of derogation from the provisions of Annex II to Decision 91/482/EEC, frozen fillets of cod, redfish, plaice and halibut falling within CN code ex 0304 20 processed in Saint Pierre and Miquelon from non-originating fish shall be regarded as originating in Saint Pierre and Miquelon in accordance with the terms of this Decision.Article 2The derogation provided for in
By way of derogation from the provisions of Annex II to Decision 91/482/EEC, frozen fillets of cod, redfish, plaice and halibut falling within CN code ex 0304 20 processed in Saint Pierre and Miquelon from non-originating fish shall be regarded as originating in Saint Pierre and Miquelon in accordance with the terms of this Decision.
The derogation provided for in Article 1 shall apply to the quantities shown in the Annex to this Decision which are imported into the Community from Saint Pierre and Miquelon during the period of 1 September 2001 to 31 August 2006.
The quantities referred to in the Annex shall be managed by the Commission, which shall take all administrative action it deems advisable for their efficient management.
Where an importer presents, in a Member State, a declaration of entry for free circulation, including an application for the benefit of this Decision, the Member State shall, if the declaration has been accepted by the customs authorities, notify the Commission of its wish to draw the amount corresponding to its requirements.
Applications to draw, showing the date of acceptance of declarations, shall be transmitted to the Commission without delay.
Withdrawals shall be granted by the Commission in order of date of acceptance of declarations of entry for free circulation by the Member States’ customs authorities, provided that the available balance permits.
If a Member State fails to use a withdrawal it shall return it, as soon as possible, to the appropriate quota.
If requests exceed the available balance of a given quota, quantities shall be allocated on a pro rata basis. The Commission shall inform the Member States of withdrawal on the quotas.
Each Member State shall ensure that importers have continuous and equal access to the amounts available as long as the balance permits.
The customs authorities of Saint Pierce and Miquelon shall take the necessary steps to carry out quantitative checks on exports of the products referred to in Article 1. To that end, all the certificates they issue pursuant to this Decision shall bear a reference to it. The competent authorities of Saint Pierre and Miquelon shall forward to the Commission every three months a statement of the quantities in respect of which movement certificates EUR. 1 have been issued pursuant to this Decision and the serial numbers of those certificates.
Box 7 of EUR. 1 certificates issued under this Decision shall contain one of the following phrases:
– Excepción – Decisión n° …
– Undtagelse – afgørelse nr. …
– Abweichung – Beschluss Nr …
– Παρέκκλιση – Απόφαση αριθ. …
– Derogation – Decision No …
– Dérogation – Décision n° …
– Deroga – decisione n. …
– Afwijking – Besluit nr. …
– Derrogação – Decisão n.o …
– Poikkeus – Päätös N:o …
– Undantag – beslut nr. …
indicating the number of this Decision.
This Decision shall apply from 1 September to 30 November 2001.
However, if a new preferential regime replacing Decision 91/482/EEC beyond that date is adopted, this decision shall continue to apply until the date of expiry of such new regime, but in any case until 31 August 2006 at the latest.
This Decision is addressed to the Member States.
Done at Brussels, 6 August 2001.
For the Commission
Frederik Bolkestein
Member of the Commission
(1) OJ L 263, 19.9.1991, p. 1.
(2) OJ L 58, 28.2.2001, p. 21.
Saint Pierre and Miquelon

Pending: 32001D0650

THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Regulation No 136/66/EEC of 22 September 1966 on the establishment of a common organisation of the market in oils and fats(1), as last amended by Regulation (EC) No 1513/2001(2), and in particular Article 5(4) thereof,Whereas:(1) Article 5(4) of Regulation No 136/66/EEC grants the Member States the possibility of allocating part of their national guaranteed quantities and of their olive-oil production aid to support for table olives on conditions to be approved by the Commission in accordance with the procedure laid down in Article 38 of that Regulation.(2) Spain has presented a request in respect of the 2001/02, 2002/03 and 2003/04 marketing years and detailed rules should be laid down for the granting of the aid.(3) Provision should be made for the aid to be granted to growers of processed table olives from olive groves in Spain and the conditions governing the granting of the aid should be specified.(4) The processing period should be defined as running from 1 September to 31 August. Olives which have undergone initial treatment in brine lasting at least 15 days and have been removed from the brine definitively or failing that have undergone treatment making them fit for human consumption should be deemed to be processed olives.(5) The weight of processed table olives for which aid is payable and the equivalence between processed table olives and olive oil should be determined for the purposes of calculating the unit aid for table olives and of administering the national guaranteed quantities.(6) Undertakings processing table olives must be approved in accordance with conditions to be determined.(7) Provisions should be laid down for checks on aid for table olives. Those provisions must in particular cover crop declarations by table-olive growers, notifications by processors of the quantities of olives delivered by growers and leaving the processing chain, and the obligations on paying agencies regarding controls. Provision should be made for penalties on table-olive growers where their declarations conflict with the results of checks conducted.(8) The information needed for calculating the aid to be granted to growers of processed table olives should be determined. An advance on the aid may be granted on certain conditions.(9) Spain must notify the Commission of the national measures adopted for the purposes of applying this Decision and of the information used for calculating the advance on the aid and the definitive aid.(10) The measures provided for in this Decision are in accordance with the opinion of the Management Committee for Oils and Fats,

Article 1
For the 2001/02, 2002/03 and 2003/04 marketing years, Spain is hereby authorised to grant aid for the production of table olives in accordance with this Decision.

Article 2
1. Aid for the production of table olives shall be granted to growers of olives which come from olive groves in Spain and are sent to approved processing undertakings for processing into table olives.
2. For each olive-oil marketing year, aid shall be granted for table olives processed between 1 September of the preceding marketing year and 31 August of the marketing year concerned.
3. Within the meaning of this Decision, “processed table olives” means olives that have undergone initial treatment in brine for at least 15 days and have been removed from the brine definitively or failing that have undergone treatment making them fit for human consumption.

Article 3
1. For the purposes of calculating the unit aid for table olives and of administering the national guaranteed quantities of olive oil, 100 kg of processed table olives shall be deemed to be equivalent to 11,5 kg of olive oil eligible for production aid as provided for in Article 5 of Regulation No 136/66/EEC.
2. The weight of processed table olives to be taken into consideration shall be the drained net weight of whole olives after processing, possibly bruised but not stoned.

Article 4
1. Approval numbers shall be allocated to undertakings which:
– submit an application for approval by 30 September preceding the olive-oil marketing year in question, accompanied by the information referred to in paragraph 2 and the commitments referred to in paragraph 3,
– market processed table olives, with or without additional preparation,
– have plant capable of processing at least 30 t of olives per year in the islands and 50 t of olives per year in the other zones.
2. Applications for approval shall include at least:
– a description of the processing plant and storage facilities, with details of their capacity,
– a description of the forms of table-olive preparations marketed, indicating the average weight of processed table olives required for 1 kg of each type of prepared product,
– details of stocks of table olives at various stages of preparation, by form of preparation, as at 1 September preceding the olive-oil marketing year in question.
3. For the purposes of approval, processors shall undertake:
– to keep table olives for which aid is payable separate from table olives originating in non-member countries and those for which aid is not payable when taking delivery of, processing and storing them,
– to keep stock records covering table olives, linked to the financial accounts and indicating, for each day:
(a) the quantities of olives entering the establishment, showing each consignment separately and identifying the grower of each;
(b) the quantities of olives sent for processing and the quantities of table olives processed within the meaning of Article 2(3);
(c) the quantities of table olives for which the process of preparation has been completed;
(d) the quantities of table olives leaving the undertaking, broken down by form of preparation and indicating the consignees,
– to provide the grower as referred to in Article 2(1) and the competent body with the documents and the information referred to in Article 6 in accordance with the conditions laid down therein,
– to submit to all checks provided for under this Decision.
4. Approval shall be refused or immediately withdrawn where undertakings:
– fail to comply or no longer comply with the conditions for approval, or
– are prosecuted by the competent authorities for irregularities in respect of the arrangements provided for in Regulation No 136/66/EEC, or

Article 5
For the purposes of granting the aid for the production of table olives, in addition to the crop declaration laid down for olive-oil production aid, by 1 December of the current marketing year growers shall lodge a supplementary declaration or, as appropriate, a new declaration containing the same information as the crop declaration for olive oil but referring to table olives.
Where the information concerned has already been furnished by a crop declaration for olive oil and has not been subject to modification, the supplementary declaration shall simply indicate the references to the crop declaration and the parcels concerned.
The declarations concerning table olives shall be included in the alphanumeric database provided for in connection with the aid scheme for olive oil production.

Article 6
1. On delivery of the final consignment of olives and no later than 30 June, approved undertakings shall issue growers as referred to in Article 2(1) with a certificate of delivery showing the net weight of olives entering the undertaking.
The certificate must be supported by all the documentation relating to the weight of the consignments of olives delivered.
2. Approved undertakings shall notify the competent body and the control agency:
(a) by the 10th day of each month, of:
– the quantities of olives received, sent for processing and processed within the meaning of Article 2(3) in the course of the previous month,
– the quantities of olives prepared and sent out, broken down by form of preparation, in the course of the previous month,
– the aggregate quantities referred to in the first two indents and the stock situation at the end of the previous month;
(b) before 1 July, of the names of growers as referred to in Article 2(1) for the processing period referred to in Article 2(2) and of the quantities covered by certificates issued to them in accordance with paragraph 1;
(c) before 1 June of the following marketing year, of the total quantities delivered for the processing period referred to in Article 2(2) and of the corresponding total quantities processed.

Article 7
1. Before 1 July of the current marketing year, table-olive growers shall lodge aid applications, directly or indirectly, with the competent body, containing at least the following details:
– the name and address of the grower,
– the location of the holdings and the parcels where olives were harvested, with a reference to the relevant crop declaration,
– the approved undertaking to which the olives were delivered.
Such applications shall be accompanied by certificates of delivery as referred to in Article 6(1).
Where applicable, applications may be accompanied by an application for an advance on the aid.
2. Applications lodged after the deadline shall incur a penalty consisting of a reduction of 1 % of the amount to which the grower would have been entitled had the application been lodged by the due date, for each working day of delay. Applications lodged more than 25 working days late shall be refused.

Article 8
1. Before the definitive payment of the aid, the competent body shall carry out the controls required to check:
– the quantities of table olives covered by certificates of delivery issued,
– the quantities of table olives processed, broken down by grower.
Controls shall involve:
– several physical inspections of goods in stock and a check of the accounts of approved undertakings,
– stricter checks of aid applications from olive growers applying for aid for both table olives and olive oil.
2. Spain shall see that all the necessary controls are in place to ensure that:
– entitlement to table-olive production aid is respected,
– olives entering an undertaking approved under this Decision are excluded from eligibility for olive-oil production aid,
– no more than one aid application is lodged for the same olives.
3. Without prejudice to the penalties laid down by Spain, no aid shall be granted to growers as referred to in Article 2(1) whose declarations as provided for in Article 5 or whose aid applications in accordance with Article 7 proves to conflict with the results of checks. However, Article 15 of Commission Regulation (EC) No 2366/98(3) shall apply mutatis mutandis.

Article 9
1. Growers as referred to in Article 2(1) may receive an advance on the aid requested. The advance shall be equal to the unit amount referred to in Article 17a(1) of Council Regulation (EEC) No 2261/84(4), multiplied by the quantity of olive oil equivalent, in accordance with Article 3(1) of this Decision, to the relevant quantity of table olives processed.
For the purposes of granting advances to growers, the quantity of table olives processed shall be determined by applying a provisional processing coefficient to the quantity appearing in the certificate of delivery, as confirmed by the other information notified to the competent body. That coefficient shall be established by the competent body on the basis of the data available on the approved undertaking concerned. However, the quantity of table olives taken into consideration may not exceed 90 % of the quantity of table olives delivered.
2. Advances on the aid shall be paid from 16 October of the current marketing year to growers applying therefor in accordance with Article 7(1).

Article 10
1. Without prejudice to the reductions provided for in Article 20d of Regulation No 136/66/EEC, the aid shall be equal to the unit amount referred to in Article 17a(2) of Regulation (EEC) No 2261/84 multiplied by the quantity of olive oil equivalent, in accordance with Article 3(1) of this Decision, to the relevant quantity of table olives processed.
For the purposes of granting the aid to growers as referred to in Article 2(1), the quantity of table olives processed shall be determined by applying a processing coefficient for the undertaking concerned to the quantity appearing in the certificate of delivery, as confirmed by the other information notified to the competent body. That coefficient shall be equal to the ratio between the total quantity of table olives processed on the one hand, and the total quantity of table olives covered by certificates of delivery on the other hand, in respect of the olive-oil marketing year concerned.
Where the quantity of processed olives corresponding to the quantity set out in the certificate of delivery cannot be established, the quantities of table olives processed for the growers concerned shall be calculated using the average coefficient for the other undertakings. However, without prejudice to any claims which the olive growers concerned might make against the undertaking, that quantity of processed olives may not exceed 75 % of the quantity shown in the certificate of delivery.
2. Once the controls referred to in Article 8 have been carried out, the aid or, where applicable, the balance of the aid shall be paid to the grower in full within 90 days of the Commission fixing the unit amount thereof.

Article 11
Spain shall notify the Commission:
– without delay, of the national measures taken pursuant to this Decision,
– before 1 August of each marketing year, of the quantities of olive oil equivalent to the estimated output of table olives processed and of the provisional processing coefficients for that estimate,
– before 16 June of each subsequent marketing year, of the quantities of olive oil equivalent to the actual output of table olives processed and of the processing coefficients adopted.

Article 12
This Decision shall apply from 1 September 2001.

Article 13
This Decision is addressed to the Kingdom of Spain.
Done at Brussels, 9 August 2001.
For the Commission
Franz Fischler
Member of the Commission
(1) OJ 172, 30.9.1966, p. 3025/66.
(2) OJ L 201, 26.7.2001, p. 4.
(3) OJ L 293, 31.10.1998, p. 50.
(4) OJ L 208, 3.8.1984, p. 3.

THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Regulation No 136/66/EEC of 22 September 1966 on the establishment of a common organisation of the market in oils and fats(1), as last amended by Regulation (EC) No 1513/2001(2), and in particular Article 5(4) thereof,Whereas:(1) Article 5(4) of Regulation No 136/66/EEC grants the Member States the possibility of allocating part of their national guaranteed quantities and of their olive-oil production aid to support for table olives on conditions to be approved by the Commission in accordance with the procedure laid down in Article 38 of that Regulation.(2) Spain has presented a request in respect of the 2001/02, 2002/03 and 2003/04 marketing years and detailed rules should be laid down for the granting of the aid.(3) Provision should be made for the aid to be granted to growers of processed table olives from olive groves in Spain and the conditions governing the granting of the aid should be specified.(4) The processing period should be defined as running from 1 September to 31 August. Olives which have undergone initial treatment in brine lasting at least 15 days and have been removed from the brine definitively or failing that have undergone treatment making them fit for human consumption should be deemed to be processed olives.(5) The weight of processed table olives for which aid is payable and the equivalence between processed table olives and olive oil should be determined for the purposes of calculating the unit aid for table olives and of administering the national guaranteed quantities.(6) Undertakings processing table olives must be approved in accordance with conditions to be determined.(7) Provisions should be laid down for checks on aid for table olives. Those provisions must in particular cover crop declarations by table-olive growers, notifications by processors of the quantities of olives delivered by growers and leaving the processing chain, and the obligations on paying agencies regarding controls. Provision should be made for penalties on table-olive growers where their declarations conflict with the results of checks conducted.(8) The information needed for calculating the aid to be granted to growers of processed table olives should be determined. An advance on the aid may be granted on certain conditions.(9) Spain must notify the Commission of the national measures adopted for the purposes of applying this Decision and of the information used for calculating the advance on the aid and the definitive aid.(10) The measures provided for in this Decision are in accordance with the opinion of the Management Committee for Oils and Fats,
For the 2001/02, 2002/03 and 2003/04 marketing years, Spain is hereby authorised to grant aid for the production of table olives in accordance with this Decision.
1. Aid for the production of table olives shall be granted to growers of olives which come from olive groves in Spain and are sent to approved processing undertakings for processing into table olives.
2. For each olive-oil marketing year, aid shall be granted for table olives processed between 1 September of the preceding marketing year and 31 August of the marketing year concerned.
3. Within the meaning of this Decision, “processed table olives” means olives that have undergone initial treatment in brine for at least 15 days and have been removed from the brine definitively or failing that have undergone treatment making them fit for human consumption.
1. For the purposes of calculating the unit aid for table olives and of administering the national guaranteed quantities of olive oil, 100 kg of processed table olives shall be deemed to be equivalent to 11,5 kg of olive oil eligible for production aid as provided for in Article 5 of Regulation No 136/66/EEC.
2. The weight of processed table olives to be taken into consideration shall be the drained net weight of whole olives after processing, possibly bruised but not stoned.
1. Approval numbers shall be allocated to undertakings which:
– submit an application for approval by 30 September preceding the olive-oil marketing year in question, accompanied by the information referred to in paragraph 2 and the commitments referred to in paragraph 3,
– market processed table olives, with or without additional preparation,
– have plant capable of processing at least 30 t of olives per year in the islands and 50 t of olives per year in the other zones.
2. Applications for approval shall include at least:
– a description of the processing plant and storage facilities, with details of their capacity,
– a description of the forms of table-olive preparations marketed, indicating the average weight of processed table olives required for 1 kg of each type of prepared product,
– details of stocks of table olives at various stages of preparation, by form of preparation, as at 1 September preceding the olive-oil marketing year in question.
3. For the purposes of approval, processors shall undertake:
– to keep table olives for which aid is payable separate from table olives originating in non-member countries and those for which aid is not payable when taking delivery of, processing and storing them,
– to keep stock records covering table olives, linked to the financial accounts and indicating, for each day:
(a) the quantities of olives entering the establishment, showing each consignment separately and identifying the grower of each;
(b) the quantities of olives sent for processing and the quantities of table olives processed within the meaning of Article 2(3);
(c) the quantities of table olives for which the process of preparation has been completed;
(d) the quantities of table olives leaving the undertaking, broken down by form of preparation and indicating the consignees,
– to provide the grower as referred to in Article 2(1) and the competent body with the documents and the information referred to in Article 6 in accordance with the conditions laid down therein,
– to submit to all checks provided for under this Decision.
4. Approval shall be refused or immediately withdrawn where undertakings:
– fail to comply or no longer comply with the conditions for approval, or
– are prosecuted by the competent authorities for irregularities in respect of the arrangements provided for in Regulation No 136/66/EEC, or
For the purposes of granting the aid for the production of table olives, in addition to the crop declaration laid down for olive-oil production aid, by 1 December of the current marketing year growers shall lodge a supplementary declaration or, as appropriate, a new declaration containing the same information as the crop declaration for olive oil but referring to table olives.
Where the information concerned has already been furnished by a crop declaration for olive oil and has not been subject to modification, the supplementary declaration shall simply indicate the references to the crop declaration and the parcels concerned.
The declarations concerning table olives shall be included in the alphanumeric database provided for in connection with the aid scheme for olive oil production.
1. On delivery of the final consignment of olives and no later than 30 June, approved undertakings shall issue growers as referred to in Article 2(1) with a certificate of delivery showing the net weight of olives entering the undertaking.
The certificate must be supported by all the documentation relating to the weight of the consignments of olives delivered.
2. Approved undertakings shall notify the competent body and the control agency:
(a) by the 10th day of each month, of:
– the quantities of olives received, sent for processing and processed within the meaning of Article 2(3) in the course of the previous month,
– the quantities of olives prepared and sent out, broken down by form of preparation, in the course of the previous month,
– the aggregate quantities referred to in the first two indents and the stock situation at the end of the previous month;
(b) before 1 July, of the names of growers as referred to in Article 2(1) for the processing period referred to in Article 2(2) and of the quantities covered by certificates issued to them in accordance with paragraph 1;
(c) before 1 June of the following marketing year, of the total quantities delivered for the processing period referred to in Article 2(2) and of the corresponding total quantities processed.
1. Before 1 July of the current marketing year, table-olive growers shall lodge aid applications, directly or indirectly, with the competent body, containing at least the following details:
– the name and address of the grower,
– the location of the holdings and the parcels where olives were harvested, with a reference to the relevant crop declaration,
– the approved undertaking to which the olives were delivered.
Such applications shall be accompanied by certificates of delivery as referred to in Article 6(1).
Where applicable, applications may be accompanied by an application for an advance on the aid.
2. Applications lodged after the deadline shall incur a penalty consisting of a reduction of 1 % of the amount to which the grower would have been entitled had the application been lodged by the due date, for each working day of delay. Applications lodged more than 25 working days late shall be refused.
1. Before the definitive payment of the aid, the competent body shall carry out the controls required to check:
– the quantities of table olives covered by certificates of delivery issued,
– the quantities of table olives processed, broken down by grower.
Controls shall involve:
– several physical inspections of goods in stock and a check of the accounts of approved undertakings,
– stricter checks of aid applications from olive growers applying for aid for both table olives and olive oil.
2. Spain shall see that all the necessary controls are in place to ensure that:
– entitlement to table-olive production aid is respected,
– olives entering an undertaking approved under this Decision are excluded from eligibility for olive-oil production aid,
– no more than one aid application is lodged for the same olives.
3. Without prejudice to the penalties laid down by Spain, no aid shall be granted to growers as referred to in Article 2(1) whose declarations as provided for in Article 5 or whose aid applications in accordance with Article 7 proves to conflict with the results of checks. However, Article 15 of Commission Regulation (EC) No 2366/98(3) shall apply mutatis mutandis.
1. Growers as referred to in Article 2(1) may receive an advance on the aid requested. The advance shall be equal to the unit amount referred to in Article 17a(1) of Council Regulation (EEC) No 2261/84(4), multiplied by the quantity of olive oil equivalent, in accordance with Article 3(1) of this Decision, to the relevant quantity of table olives processed.
For the purposes of granting advances to growers, the quantity of table olives processed shall be determined by applying a provisional processing coefficient to the quantity appearing in the certificate of delivery, as confirmed by the other information notified to the competent body. That coefficient shall be established by the competent body on the basis of the data available on the approved undertaking concerned. However, the quantity of table olives taken into consideration may not exceed 90 % of the quantity of table olives delivered.
2. Advances on the aid shall be paid from 16 October of the current marketing year to growers applying therefor in accordance with Article 7(1).
1. Without prejudice to the reductions provided for in Article 20d of Regulation No 136/66/EEC, the aid shall be equal to the unit amount referred to in Article 17a(2) of Regulation (EEC) No 2261/84 multiplied by the quantity of olive oil equivalent, in accordance with Article 3(1) of this Decision, to the relevant quantity of table olives processed.
For the purposes of granting the aid to growers as referred to in Article 2(1), the quantity of table olives processed shall be determined by applying a processing coefficient for the undertaking concerned to the quantity appearing in the certificate of delivery, as confirmed by the other information notified to the competent body. That coefficient shall be equal to the ratio between the total quantity of table olives processed on the one hand, and the total quantity of table olives covered by certificates of delivery on the other hand, in respect of the olive-oil marketing year concerned.
Where the quantity of processed olives corresponding to the quantity set out in the certificate of delivery cannot be established, the quantities of table olives processed for the growers concerned shall be calculated using the average coefficient for the other undertakings. However, without prejudice to any claims which the olive growers concerned might make against the undertaking, that quantity of processed olives may not exceed 75 % of the quantity shown in the certificate of delivery.
2. Once the controls referred to in Article 8 have been carried out, the aid or, where applicable, the balance of the aid shall be paid to the grower in full within 90 days of the Commission fixing the unit amount thereof.
Spain shall notify the Commission:
– without delay, of the national measures taken pursuant to this Decision,
– before 1 August of each marketing year, of the quantities of olive oil equivalent to the estimated output of table olives processed and of the provisional processing coefficients for that estimate,
– before 16 June of each subsequent marketing year, of the quantities of olive oil equivalent to the actual output of table olives processed and of the processing coefficients adopted.
This Decision shall apply from 1 September 2001.
This Decision is addressed to the Kingdom of Spain.
Done at Brussels, 9 August 2001.
For the Commission
Franz Fischler
Member of the Commission
(1) OJ 172, 30.9.1966, p. 3025/66.
(2) OJ L 201, 26.7.2001, p. 4.
(3) OJ L 293, 31.10.1998, p. 50.
(4) OJ L 208, 3.8.1984, p. 3.

Pending: 32001D0649

THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Regulation No 136/66/EEC of 22 September 1966 on the establishment of a common organisation of the market in oils and fats(1), as last amended by Regulation (EC) No 1513/2001(2), and in particular Article 5(4) thereof,Whereas:(1) Article 5(4) of Regulation No 136/66/EEC grants the Member States the possibility of allocating part of their national guaranteed quantities and of their olive-oil production aid to support for table olives on conditions to be approved by the Commission in accordance with the procedure laid down in Article 38 of that Regulation.(2) Greece has presented a request in respect of the 2001/02, 2002/03 and 2003/04 marketing years and detailed rules should be laid down for the granting of the aid.(3) Provision should be made for the aid to be granted to growers of processed table olives from olive groves in Greece and the conditions governing the granting of the aid should be specified.(4) The processing period should be defined as running from 1 September to 31 August. Olives which have undergone initial treatment in brine lasting at least 15 days and have been removed from the brine definitively or failing that have undergone treatment making them fit for human consumption should be deemed to be processed olives.(5) The weight of processed table olives for which aid is payable and the equivalence between processed table olives and olive oil should be determined for the purposes of calculating the unit aid for table olives and of administering the national guaranteed quantities.(6) Undertakings processing table olives must be approved in accordance with conditions to be determined.(7) Provisions should be laid down for checks on aid for table olives. Those provisions must in particular cover crop declarations by table-olive growers, notifications by processors of the quantities of olives delivered by growers and leaving the processing chain, and the obligations on paying agencies regarding controls. Provision should be made for penalties on table-olive growers where their declarations conflict with the results of checks conducted.(8) The information needed for calculating the aid to be granted to growers of processed table olives should be determined. An advance on the aid may be granted on certain conditions.(9) Greece must notify the Commission of the national measures adopted for the purposes of applying this Decision and of the information used for calculating the advance on the aid and the definitive aid.(10) The measures provided for in this Decision are in accordance with the opinion of the Management Committee for Oils and Fats,

Article 1
For the 2001/02, 2002/03 and 2003/04 marketing years, Greece is hereby authorised to grant aid for the production of table olives in accordance with this Decision.

Article 2
1. Aid for the production of table olives shall be granted to growers of olives which come from olive groves in Greece and are sent to approved processing undertakings for processing into table olives.
2. For each olive-oil marketing year, aid shall be granted for table olives processed between 1 September of the preceding marketing year and 31 August of the marketing year concerned.
3. Within the meaning of this Decision, “processed table olives” means olives that have undergone initial treatment in brine for at least 15 days and have been removed from the brine definitively or failing that have undergone treatment making them fit for human consumption.

Article 3
1. For the purposes of calculating the unit aid for table olives and of administering the national guaranteed quantities of olive oil, 100 kg of processed table olives shall be deemed to be equivalent to 13 kg of olive oil eligible for production aid as provided for in Article 5 of Regulation No 136/66/EEC.
2. The weight of processed table olives to be taken into consideration shall be the drained net weight of whole olives after processing, possibly bruised but not stoned.

Article 4
1. Approval numbers shall be allocated to undertakings which:
– submit an application for approval by 30 September preceding the olive-oil marketing year in question, accompanied by the information referred to in paragraph 2 and the commitments referred to in paragraph 3,
– market processed table olives, with or without additional preparation,
– have plant capable of processing at least 20 t of olives per year in the islands and 50 t of olives per year in the other zones.
2. Applications for approval shall include at least:
– a description of the processing plant and storage facilities, with details of their capacity,
– a description of the forms of table-olive preparations marketed, indicating the processing coefficient for each of them,
– details of stocks of table olives at various stages of preparation, by form of preparation, as at 1 September preceding the olive-oil marketing year in question.
3. For the purposes of approval, processors shall undertake:
– to keep table olives for which aid is payable separate from table olives originating in non-member countries and those for which aid is not payable when taking delivery of, processing and storing them,
– to keep stock records covering table olives, linked to the financial accounts and indicating, for each day:
(a) the quantities of olives entering the establishment, showing each consignment separately and identifying the grower of each;
(b) the quantities of olives sent for processing and the quantities of table olives processed within the meaning of Article 2(3);
(c) the quantities of table olives for which the process of preparation has been completed;
(d) the quantities of table olives leaving the undertaking, broken down by form of preparation and indicating the consignees,
– to provide the grower as referred to in Article 2(1) and the competent body with the documents and the information referred to in Article 6 in accordance with the conditions laid down therein,
– to submit to all checks provided for under this Decision.
4. Approval shall be refused or immediately withdrawn where undertakings:
– fail to comply or no longer comply with the conditions for approval, or
– are prosecuted by the competent authorities for irregularities in respect of the arrangements provided for in Regulation No 136/66/EEC, or

Article 5
For the purposes of granting the aid for the production of table olives, in addition to the crop declaration laid down for olive-oil production aid, by 1 December of the current marketing year growers shall lodge a supplementary declaration or, as appropriate, a new declaration containing the same information as the crop declaration for olive oil but referring to table olives.
Where the information concerned has already been furnished by a crop declaration for olive oil and has not been subject to modification, the supplementary declaration shall simply indicate the references to the crop declaration and the parcels concerned.
The declarations concerning table olives shall be included in the alphanumeric database provided for in connection with the aid scheme for olive oil production.

Article 6
1. On delivery of the final consignment of olives and before 30 June, approved undertakings shall issue growers as referred to in Article 2(1) with a certificate of delivery showing the net weight of olives entering the undertaking. However, for olives delivered between 1 July and 31 August certificates must be issued after reception of the final consignment and no later than 31 August.
The certificate must be supported by all the documentation relating to the weight of the consignments of olives delivered.
2. Approved undertakings shall notify the competent body and the control agency:
(a) by the 10th day of each month, of:
– the quantities of olives received, sent for processing and processed within the meaning of Article 2(3) in the course of the previous month,
– the quantities of olives prepared and sent out, broken down by form of preparation, in the course of the previous month,
– the aggregate quantities referred to in the first two indents and the stock situation at the end of the previous month;
(b) before 1 July, of the names of growers as referred to in Article 2(1) for the processing period referred to in Article 2(2) and of the quantities covered by certificates issued to them in accordance with paragraph 1;
(c) before 1 June of the following marketing year, of the total quantities delivered for the processing period referred to in Article 2(2) and of the corresponding total quantities processed.

Article 7
1. Before 1 July of the current marketing year, table-olive growers shall lodge aid applications, directly or indirectly, with the competent body, containing at least the following details:
– the name and address of the grower,
– the location of the holdings and the parcels where olives were harvested, with a reference to the relevant crop declaration,
– the approved undertaking to which the olives were delivered.
Such applications shall be accompanied by certificates of delivery as referred to in Article 6(1). However, for olives delivered between 1 July and 31 August certificates of delivery must be lodged no later than 1 September.
Where applicable, applications may be accompanied by an application for an advance on the aid.
2. Applications lodged after the deadline shall incur a penalty consisting of a reduction of 1 % of the amount to which the grower would have been entitled had the application been lodged by the due date, for each working day of delay. Applications lodged more than 25 working days late shall be refused.

Article 8
1. Before the definitive payment of the aid, the competent body shall carry out the controls required to check:
– the quantities of table olives covered by certificates of delivery issued,
– the quantities of table olives processed, broken down by grower.
Controls shall involve:
– several physical inspections of goods in stock and a check of the accounts of approved undertakings,
– stricter checks of aid applications from olive growers applying for aid for both table olives and olive oil.
2. Greece shall see that all the necessary controls are in place to ensure that:
– entitlement to table-olive production aid is respected,
– olives entering an undertaking approved under this Decision are excluded from eligibility for olive-oil production aid,
– no more than one aid application is lodged for the same olives.
3. Without prejudice to the penalties laid down by Greece, no aid shall be granted to growers as referred to in Article 2(1) whose declarations as provided for in Article 5 or whose aid applications in accordance with Article 7 proves to conflict with the results of checks. However, Article 15 of Commission Regulation (EC) No 2366/98(3) shall apply mutatis mutandis.

Article 9
1. Growers as referred to in Article 2(1) may receive an advance on the aid requested. The advance shall be equal to the unit amount referred to in Article 17a(1) of Council Regulation (EEC) No 2261/84(4), multiplied by the quantity of olive oil equivalent, in accordance with Article 3(1) of this Decision, to the relevant quantity of table olives processed.
For the purposes of granting advances to growers, the quantity of table olives processed shall be determined by applying a provisional processing coefficient to the quantity appearing in the certificate of delivery, as confirmed by the other information notified to the competent body. That coefficient shall be established by the competent body on the basis of the data available on the approved undertaking concerned. However, the quantity of table olives taken into consideration may not exceed 90 % of the quantity of table olives delivered.
2. Advances on the aid shall be paid from 16 October of the current marketing year to growers applying therefor in accordance with Article 7(1).

Article 10
1. Without prejudice to the reductions provided for in Article 20d of Regulation No 136/66/EEC, the aid shall be equal to the unit amount referred to in Article 17a(2) of Regulation (EEC) No 2261/84 multiplied by the quantity of olive oil equivalent, in accordance with Article 3(1) of this Decision, to the relevant quantity of table olives processed.
For the purposes of granting the aid to growers as referred to in Article 2(1), the quantity of table olives processed shall be determined by applying a processing coefficient for the undertaking concerned to the quantity appearing in the certificate of delivery, as confirmed by the other information notified to the competent body. That coefficient shall be equal to the ratio between the total quantity of table olives processed on the one hand, and the total quantity of table olives covered by certificates of delivery on the other hand, in respect of the olive-oil marketing year concerned.
Where the quantity of processed olives corresponding to the quantity set out in the certificate of delivery cannot be established, the quantities of table olives processed for the growers concerned shall be calculated using the average coefficient for the other undertakings. However, without prejudice to any claims which the olive growers concerned might make against the undertaking, that quantity of processed olives may not exceed 75 % of the quantity shown in the certificate of delivery.
2. The rate applicable for conversion of the amount of the aid into Greek drachmae shall be the agricultural conversion rate valid on the first day of the month in which the grower concerned makes his first delivery of olives.
3. Once the controls referred to in Article 8 have been carried out, the aid or, where applicable, the balance of the aid shall be paid to the grower in full within 90 days of the Commission fixing the unit amount thereof.

Article 11
Greece shall notify the Commission:
– without delay, of the national measures taken pursuant to this Decision,
– before 1 August of each marketing year, of the quantities of olive oil equivalent to the estimated output of table olives processed and of the provisional processing coefficients for that estimate,
– before 16 June of each subsequent marketing year, of the quantities of olive oil equivalent to the actual output of table olives processed and of the processing coefficients adopted.

Article 12
This Decision shall apply from 1 September 2001.

Article 13
This Decision is addressed to the Hellenic Republic.
Done at Brussels, 9 August 2001.
For the Commission
Franz Fischler
Member of the Commission
(1) OJ 172, 30.9.1966, p. 3025/66.
(2) OJ L 201, 26.7.2001, p. 4.
(3) OJ L 293, 31.10.1998, p. 50.
(4) OJ L 208, 3.8.1984, p. 3.

THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Regulation No 136/66/EEC of 22 September 1966 on the establishment of a common organisation of the market in oils and fats(1), as last amended by Regulation (EC) No 1513/2001(2), and in particular Article 5(4) thereof,Whereas:(1) Article 5(4) of Regulation No 136/66/EEC grants the Member States the possibility of allocating part of their national guaranteed quantities and of their olive-oil production aid to support for table olives on conditions to be approved by the Commission in accordance with the procedure laid down in Article 38 of that Regulation.(2) Greece has presented a request in respect of the 2001/02, 2002/03 and 2003/04 marketing years and detailed rules should be laid down for the granting of the aid.(3) Provision should be made for the aid to be granted to growers of processed table olives from olive groves in Greece and the conditions governing the granting of the aid should be specified.(4) The processing period should be defined as running from 1 September to 31 August. Olives which have undergone initial treatment in brine lasting at least 15 days and have been removed from the brine definitively or failing that have undergone treatment making them fit for human consumption should be deemed to be processed olives.(5) The weight of processed table olives for which aid is payable and the equivalence between processed table olives and olive oil should be determined for the purposes of calculating the unit aid for table olives and of administering the national guaranteed quantities.(6) Undertakings processing table olives must be approved in accordance with conditions to be determined.(7) Provisions should be laid down for checks on aid for table olives. Those provisions must in particular cover crop declarations by table-olive growers, notifications by processors of the quantities of olives delivered by growers and leaving the processing chain, and the obligations on paying agencies regarding controls. Provision should be made for penalties on table-olive growers where their declarations conflict with the results of checks conducted.(8) The information needed for calculating the aid to be granted to growers of processed table olives should be determined. An advance on the aid may be granted on certain conditions.(9) Greece must notify the Commission of the national measures adopted for the purposes of applying this Decision and of the information used for calculating the advance on the aid and the definitive aid.(10) The measures provided for in this Decision are in accordance with the opinion of the Management Committee for Oils and Fats,
For the 2001/02, 2002/03 and 2003/04 marketing years, Greece is hereby authorised to grant aid for the production of table olives in accordance with this Decision.
1. Aid for the production of table olives shall be granted to growers of olives which come from olive groves in Greece and are sent to approved processing undertakings for processing into table olives.
2. For each olive-oil marketing year, aid shall be granted for table olives processed between 1 September of the preceding marketing year and 31 August of the marketing year concerned.
3. Within the meaning of this Decision, “processed table olives” means olives that have undergone initial treatment in brine for at least 15 days and have been removed from the brine definitively or failing that have undergone treatment making them fit for human consumption.
1. For the purposes of calculating the unit aid for table olives and of administering the national guaranteed quantities of olive oil, 100 kg of processed table olives shall be deemed to be equivalent to 13 kg of olive oil eligible for production aid as provided for in Article 5 of Regulation No 136/66/EEC.
2. The weight of processed table olives to be taken into consideration shall be the drained net weight of whole olives after processing, possibly bruised but not stoned.
1. Approval numbers shall be allocated to undertakings which:
– submit an application for approval by 30 September preceding the olive-oil marketing year in question, accompanied by the information referred to in paragraph 2 and the commitments referred to in paragraph 3,
– market processed table olives, with or without additional preparation,
– have plant capable of processing at least 20 t of olives per year in the islands and 50 t of olives per year in the other zones.
2. Applications for approval shall include at least:
– a description of the processing plant and storage facilities, with details of their capacity,
– a description of the forms of table-olive preparations marketed, indicating the processing coefficient for each of them,
– details of stocks of table olives at various stages of preparation, by form of preparation, as at 1 September preceding the olive-oil marketing year in question.
3. For the purposes of approval, processors shall undertake:
– to keep table olives for which aid is payable separate from table olives originating in non-member countries and those for which aid is not payable when taking delivery of, processing and storing them,
– to keep stock records covering table olives, linked to the financial accounts and indicating, for each day:
(a) the quantities of olives entering the establishment, showing each consignment separately and identifying the grower of each;
(b) the quantities of olives sent for processing and the quantities of table olives processed within the meaning of Article 2(3);
(c) the quantities of table olives for which the process of preparation has been completed;
(d) the quantities of table olives leaving the undertaking, broken down by form of preparation and indicating the consignees,
– to provide the grower as referred to in Article 2(1) and the competent body with the documents and the information referred to in Article 6 in accordance with the conditions laid down therein,
– to submit to all checks provided for under this Decision.
4. Approval shall be refused or immediately withdrawn where undertakings:
– fail to comply or no longer comply with the conditions for approval, or
– are prosecuted by the competent authorities for irregularities in respect of the arrangements provided for in Regulation No 136/66/EEC, or
For the purposes of granting the aid for the production of table olives, in addition to the crop declaration laid down for olive-oil production aid, by 1 December of the current marketing year growers shall lodge a supplementary declaration or, as appropriate, a new declaration containing the same information as the crop declaration for olive oil but referring to table olives.
Where the information concerned has already been furnished by a crop declaration for olive oil and has not been subject to modification, the supplementary declaration shall simply indicate the references to the crop declaration and the parcels concerned.
The declarations concerning table olives shall be included in the alphanumeric database provided for in connection with the aid scheme for olive oil production.
1. On delivery of the final consignment of olives and before 30 June, approved undertakings shall issue growers as referred to in Article 2(1) with a certificate of delivery showing the net weight of olives entering the undertaking. However, for olives delivered between 1 July and 31 August certificates must be issued after reception of the final consignment and no later than 31 August.
The certificate must be supported by all the documentation relating to the weight of the consignments of olives delivered.
2. Approved undertakings shall notify the competent body and the control agency:
(a) by the 10th day of each month, of:
– the quantities of olives received, sent for processing and processed within the meaning of Article 2(3) in the course of the previous month,
– the quantities of olives prepared and sent out, broken down by form of preparation, in the course of the previous month,
– the aggregate quantities referred to in the first two indents and the stock situation at the end of the previous month;
(b) before 1 July, of the names of growers as referred to in Article 2(1) for the processing period referred to in Article 2(2) and of the quantities covered by certificates issued to them in accordance with paragraph 1;
(c) before 1 June of the following marketing year, of the total quantities delivered for the processing period referred to in Article 2(2) and of the corresponding total quantities processed.
1. Before 1 July of the current marketing year, table-olive growers shall lodge aid applications, directly or indirectly, with the competent body, containing at least the following details:
– the name and address of the grower,
– the location of the holdings and the parcels where olives were harvested, with a reference to the relevant crop declaration,
– the approved undertaking to which the olives were delivered.
Such applications shall be accompanied by certificates of delivery as referred to in Article 6(1). However, for olives delivered between 1 July and 31 August certificates of delivery must be lodged no later than 1 September.
Where applicable, applications may be accompanied by an application for an advance on the aid.
2. Applications lodged after the deadline shall incur a penalty consisting of a reduction of 1 % of the amount to which the grower would have been entitled had the application been lodged by the due date, for each working day of delay. Applications lodged more than 25 working days late shall be refused.
1. Before the definitive payment of the aid, the competent body shall carry out the controls required to check:
– the quantities of table olives covered by certificates of delivery issued,
– the quantities of table olives processed, broken down by grower.
Controls shall involve:
– several physical inspections of goods in stock and a check of the accounts of approved undertakings,
– stricter checks of aid applications from olive growers applying for aid for both table olives and olive oil.
2. Greece shall see that all the necessary controls are in place to ensure that:
– entitlement to table-olive production aid is respected,
– olives entering an undertaking approved under this Decision are excluded from eligibility for olive-oil production aid,
– no more than one aid application is lodged for the same olives.
3. Without prejudice to the penalties laid down by Greece, no aid shall be granted to growers as referred to in Article 2(1) whose declarations as provided for in Article 5 or whose aid applications in accordance with Article 7 proves to conflict with the results of checks. However, Article 15 of Commission Regulation (EC) No 2366/98(3) shall apply mutatis mutandis.
1. Growers as referred to in Article 2(1) may receive an advance on the aid requested. The advance shall be equal to the unit amount referred to in Article 17a(1) of Council Regulation (EEC) No 2261/84(4), multiplied by the quantity of olive oil equivalent, in accordance with Article 3(1) of this Decision, to the relevant quantity of table olives processed.
For the purposes of granting advances to growers, the quantity of table olives processed shall be determined by applying a provisional processing coefficient to the quantity appearing in the certificate of delivery, as confirmed by the other information notified to the competent body. That coefficient shall be established by the competent body on the basis of the data available on the approved undertaking concerned. However, the quantity of table olives taken into consideration may not exceed 90 % of the quantity of table olives delivered.
2. Advances on the aid shall be paid from 16 October of the current marketing year to growers applying therefor in accordance with Article 7(1).
1. Without prejudice to the reductions provided for in Article 20d of Regulation No 136/66/EEC, the aid shall be equal to the unit amount referred to in Article 17a(2) of Regulation (EEC) No 2261/84 multiplied by the quantity of olive oil equivalent, in accordance with Article 3(1) of this Decision, to the relevant quantity of table olives processed.
For the purposes of granting the aid to growers as referred to in Article 2(1), the quantity of table olives processed shall be determined by applying a processing coefficient for the undertaking concerned to the quantity appearing in the certificate of delivery, as confirmed by the other information notified to the competent body. That coefficient shall be equal to the ratio between the total quantity of table olives processed on the one hand, and the total quantity of table olives covered by certificates of delivery on the other hand, in respect of the olive-oil marketing year concerned.
Where the quantity of processed olives corresponding to the quantity set out in the certificate of delivery cannot be established, the quantities of table olives processed for the growers concerned shall be calculated using the average coefficient for the other undertakings. However, without prejudice to any claims which the olive growers concerned might make against the undertaking, that quantity of processed olives may not exceed 75 % of the quantity shown in the certificate of delivery.
2. The rate applicable for conversion of the amount of the aid into Greek drachmae shall be the agricultural conversion rate valid on the first day of the month in which the grower concerned makes his first delivery of olives.
3. Once the controls referred to in Article 8 have been carried out, the aid or, where applicable, the balance of the aid shall be paid to the grower in full within 90 days of the Commission fixing the unit amount thereof.
Greece shall notify the Commission:
– without delay, of the national measures taken pursuant to this Decision,
– before 1 August of each marketing year, of the quantities of olive oil equivalent to the estimated output of table olives processed and of the provisional processing coefficients for that estimate,
– before 16 June of each subsequent marketing year, of the quantities of olive oil equivalent to the actual output of table olives processed and of the processing coefficients adopted.
This Decision shall apply from 1 September 2001.
This Decision is addressed to the Hellenic Republic.
Done at Brussels, 9 August 2001.
For the Commission
Franz Fischler
Member of the Commission
(1) OJ 172, 30.9.1966, p. 3025/66.
(2) OJ L 201, 26.7.2001, p. 4.
(3) OJ L 293, 31.10.1998, p. 50.
(4) OJ L 208, 3.8.1984, p. 3.

Pending: 32001D0648

THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Regulation No 136/66/EEC of 22 September 1966 on the establishment of a common organisation of the market in oils and fats(1), as last amended by Regulation (EC) No 1513/2001(2), and in particular Article 5(4) thereof,Whereas:(1) Article 5(4) of Regulation No 136/66/EEC grants the Member States the possibility of allocating part of their national guaranteed quantities and of their olive-oil production aid to support for table olives on conditions to be approved by the Commission in accordance with the procedure laid down in Article 38 of that Regulation.(2) France has presented a request in respect of the 2001/02, 2002/03 and 2003/04 marketing years and detailed rules should be laid down for the granting of the aid.(3) Provision should be made for the aid to be granted to growers of processed table olives from olive groves in France and the conditions governing the granting of the aid should be specified.(4) The processing period should be defined as running from 1 September to 31 August. Olives which have undergone initial treatment in brine lasting at least 15 days and have been removed from the brine definitively or failing that have undergone treatment making them fit for human consumption should be deemed to be processed olives.(5) The weight of processed table olives for which aid is payable and the equivalence between processed table olives and olive oil should be determined for the purposes of calculating the unit aid for table olives and of administering the national guaranteed quantities.(6) Undertakings processing table olives must be approved in accordance with conditions to be determined. Account should be taken of the fact that processing undertakings located within the area covered by a registered designation of origin must maintain stock records, irrespective of the type of olives processed.(7) Provisions should be laid down for checks on aid for table olives. Those provisions must in particular cover crop declarations by table-olive growers, notifications by processors of the quantities of olives delivered by growers and leaving the processing chain, and the obligations on paying agencies regarding controls. Provision should be made for penalties on table-olive growers where their declarations conflict with the results of checks.(8) The information needed for calculating the aid to be granted to growers of processed table olives should be determined. An advance on the aid may be granted on certain conditions.(9) France must notify the Commission of the national measures adopted for the purposes of applying this Decision and of the information used for calculating the advance on the aid and the definitive aid.(10) The measures provided for in this Decision are in accordance with the opinion of the Management Committee for Oils and Fats,

Article 1
For the 2001/02, 2002/03 and 2003/04 marketing years, France is authorised to grant aid for the production of table olives in accordance with this Decision.

Article 2
1. Aid for the production of table olives shall be granted to growers of olives which come from olive groves in France and are sent to approved processing undertakings for processing into table olives.
2. For each olive-oil marketing year, aid shall be granted for table olives processed between 1 September of the preceding marketing year and 31 August of the marketing year concerned.
3. Within the meaning of this Decision, “processed table olives” means olives that have undergone initial treatment in brine for at least 15 days and have been removed from the brine definitively or failing that have undergone treatment making them fit for human consumption.

Article 3
1. For the purposes of calculating the unit aid for table olives and of administering the national guaranteed quantities of olive oil, 100 kg of processed table olives shall be deemed to be equivalent to 13 kg of olive oil eligible for production aid as provided for in Article 5 of Regulation No 136/66/EEC.
2. The weight of processed table olives to be taken into consideration shall be the drained net weight of whole olives after processing, possibly bruised but not stoned.

Article 4
1. Approval numbers shall be allocated to undertakings which:
– submit an application for approval by 30 September preceding the olive-oil marketing year in question, accompanied by the information referred to in paragraph 2 and the commitments referred to in paragraph 3,
– market processed table olives, with or without additional preparation,
– have plant capable of processing at least 5 t of olives per year in the Department of Corsica and in the case of olives harvested within the area covered by a registered designation of origin and 10 t of olives elsewhere.
2. Applications for approval shall include at least:
– a description of the processing plant and storage facilities, with details of their capacity,
– a description of the forms of table-olive preparations marketed, indicating the average weight of processed table olives required for 1 kg of each type of prepared product,
– details of stocks of table olives at various stages of preparation, by form of preparation, as at 1 September preceding the olive-oil marketing year in question.
3. For the purposes of approval, processors shall undertake:
– to keep table olives for which aid is payable separate from table olives originating in non-member countries and those for which aid is not payable when taking delivery of, processing and storing them,
– to keep stock records covering table olives, linked to the financial accounts and indicating, for each day:
(a) the quantities of olives entering the establishment, showing each consignment separately and identifying the grower of each;
(b) the quantities of olives sent for processing and the quantities of table olives processed within the meaning of Article 2(3);
(c) the quantities of table olives for which the process of preparation has been completed;
(d) the quantities of table olives leaving the undertaking, broken down by form of preparation and indicating the consignees,
– to provide the grower as referred to in Article 2(1) and the competent body with the documents and the information referred to in Article 6 in accordance with the conditions laid down therein,
– to submit to all checks provided for under this Decision.
4. Approval shall be refused or immediately withdrawn where undertakings:
– fail to comply or no longer comply with the conditions for approval, or
– are prosecuted by the competent authorities for irregularities in respect of the arrangements provided for in Regulation No 136/66/EEC, or

Article 5
For the purposes of granting the aid for the production of table olives, by 1 December growers shall lodge a crop attestation confirming that the declaration laid down for olive-oil production aid also covers table olives or, as appropriate, a new declaration containing the same information as the crop declaration for olive oil but referring to table olives.
Where the information concerned has already been furnished by a crop declaration for olive oil and has not been subject to modification, the supplementary declaration shall simply indicate the references to the crop declaration and the parcels concerned.
The declarations concerning table olives shall be included in the alphanumeric database provided for in connection with the aid scheme for olive oil production.

Article 6
1. During the month following delivery of the final consignment of olives and no later than 30 June, approved undertakings shall issue growers as referred to in Article 2(1) with a certificate of delivery showing the net weight of olives entering the undertaking.
The certificate must be supported by all the documentation relating to the weight of the consignments of olives delivered.
2. Approved undertakings shall notify the competent body and the control agency:
(a) by the 10th day of each quarter, of:
– the quantities of olives received, sent for processing and processed within the meaning of Article 2(3) in the course of the previous quarter,
– the quantities of olives prepared and sent out, broken down by form of preparation, in the course of the previous quarter,
– the aggregate quantities referred to in the first two indents and the stock situation at the end of the previous quarter;
(b) before 1 July, of the names of growers as referred to in Article 2(1) for the processing period referred to in Article 2(2) and of the quantities covered by certificates issued to them in accordance with paragraph 1;
(c) before 1 June, of the total quantities delivered for the processing period referred to in Article 2(2) and of the corresponding total quantities processed.

Article 7
1. Before 1 July of the current marketing year, table-olive growers shall lodge aid applications, directly or indirectly, with the competent body, containing at least the following details:
– the name and address of the grower,
– a reference to the relevant crop declaration,
– the approved undertaking to which the olives were delivered.
Such applications shall be accompanied by certificates of delivery as referred to in Article 6(1).
Where applicable, applications may be accompanied by an application for an advance on the aid.
2. Applications lodged after the deadline shall incur a penalty consisting of a reduction of 1 % of the amount to which the grower would have been entitled had the application been lodged by the due date, for each working day of delay. Applications lodged more than 25 working days late shall be refused.

Article 8
1. Before the definitive payment of the aid, the competent body shall carry out the controls required to check:
– the quantities of table olives covered by certificates of delivery,
– the quantities of table olives processed, broken down by grower.
Controls shall involve:
– several physical inspections of goods in stock and a check of the accounts of approved undertakings,
– stricter checks of aid applications from olive growers applying for aid for both table olives and olive oil.
2. France shall see that all the necessary controls are in place to ensure that:
– entitlement to table-olive production aid is respected,
– olives entering an undertaking approved under this Decision are excluded from eligibility for olive-oil production aid,
– no more than one aid application is lodged for the same olives.
3. Without prejudice to the penalties laid down by France, no aid shall be granted to growers as referred to in Article 2(1) whose declarations as provided for in Article 5 or whose aid applications in accordance with Article 7 proves to conflict with the results of checks. However, Article 15 of Commission Regulation (EC) No 2366/98(3) shall apply mutatis mutandis.

Article 9
1. Growers as referred to in Article 2(1) may receive an advance on the aid requested. The advance shall be equal to the unit amount referred to in Article 17a(1) of Council Regulation (EEC) No 2261/84(4), multiplied by the quantity of olive oil equivalent, in accordance with Article 3(1) of this Decision, to the relevant quantity of table olives processed.
For the purposes of granting advances to growers, the quantity of table olives processed shall be determined by applying a provisional processing coefficient to the quantity appearing in the certificate of delivery, as confirmed by the other information notified to the competent body. That coefficient shall be established by the competent body on the basis of the data available on the approved undertaking concerned. However, the quantity of table olives taken into consideration may not exceed 90 % of the quantity of table olives delivered.
2. Advances on the aid shall be paid from 16 October of the current marketing year to growers applying therefor in accordance with Article 7(1).

Article 10
1. Without prejudice to the reductions provided for in Article 20d of Regulation No 136/66/EEC, the aid shall be equal to the unit amount referred to in Article 17a(2) of Regulation (EEC) No 2261/84 multiplied by the quantity of olive oil equivalent, in accordance with Article 3(1) of this Decision, to the relevant quantity of table olives processed.
For the purposes of granting the aid to growers as referred to in Article 2(1), the quantity of table olives processed shall be determined by applying a processing coefficient for the undertaking concerned to the quantity appearing in the certificate of delivery, as confirmed by the other information notified to the competent body. That coefficient shall be equal to the ratio between the total quantity of table olives processed on the one hand, and the total quantity of table olives covered by certificates of delivery on the other hand, in respect of the olive-oil marketing year concerned.
Where the quantity of processed olives corresponding to the quantity set out in the certificate of delivery cannot be established, the quantities of table olives processed for the growers concerned shall be calculated using the average coefficient for the other undertakings. However, without prejudice to any claims which the olive growers concerned might make against the undertaking, that quantity of processed olives may not exceed 75 % of the quantity shown in the certificate of delivery.
2. Once the controls referred to in Article 8 have been carried out, the aid or, where applicable, the balance of the aid shall be paid to the grower in full within 90 days of the Commission fixing the unit amount thereof.

Article 11
France shall notify the Commission:
– without delay, of the national measures taken pursuant to this Decision,
– before 1 August of each marketing year, of the quantities of olive oil equivalent to the estimated output of table olives processed and of the provisional processing coefficients for that estimate,
– before 16 June of each subsequent marketing year, of the quantities of olive oil equivalent to the actual output of table olives processed and of the processing coefficients adopted.

Article 12
This Decision shall apply from 1 September 2001.

Article 13
This Decision is addressed to the French Republic.
Done at Brussels, 9 August 2001.
For the Commission
Franz Fischler
Member of the Commission
(1) OJ 172, 30.9.1966, p. 3025/66.
(2) OJ L 201, 26.7.2001, p. 4.
(3) OJ L 293, 31.10.1998, p. 50.
(4) OJ L 208, 3.8.1984, p. 3.

THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Regulation No 136/66/EEC of 22 September 1966 on the establishment of a common organisation of the market in oils and fats(1), as last amended by Regulation (EC) No 1513/2001(2), and in particular Article 5(4) thereof,Whereas:(1) Article 5(4) of Regulation No 136/66/EEC grants the Member States the possibility of allocating part of their national guaranteed quantities and of their olive-oil production aid to support for table olives on conditions to be approved by the Commission in accordance with the procedure laid down in Article 38 of that Regulation.(2) France has presented a request in respect of the 2001/02, 2002/03 and 2003/04 marketing years and detailed rules should be laid down for the granting of the aid.(3) Provision should be made for the aid to be granted to growers of processed table olives from olive groves in France and the conditions governing the granting of the aid should be specified.(4) The processing period should be defined as running from 1 September to 31 August. Olives which have undergone initial treatment in brine lasting at least 15 days and have been removed from the brine definitively or failing that have undergone treatment making them fit for human consumption should be deemed to be processed olives.(5) The weight of processed table olives for which aid is payable and the equivalence between processed table olives and olive oil should be determined for the purposes of calculating the unit aid for table olives and of administering the national guaranteed quantities.(6) Undertakings processing table olives must be approved in accordance with conditions to be determined. Account should be taken of the fact that processing undertakings located within the area covered by a registered designation of origin must maintain stock records, irrespective of the type of olives processed.(7) Provisions should be laid down for checks on aid for table olives. Those provisions must in particular cover crop declarations by table-olive growers, notifications by processors of the quantities of olives delivered by growers and leaving the processing chain, and the obligations on paying agencies regarding controls. Provision should be made for penalties on table-olive growers where their declarations conflict with the results of checks.(8) The information needed for calculating the aid to be granted to growers of processed table olives should be determined. An advance on the aid may be granted on certain conditions.(9) France must notify the Commission of the national measures adopted for the purposes of applying this Decision and of the information used for calculating the advance on the aid and the definitive aid.(10) The measures provided for in this Decision are in accordance with the opinion of the Management Committee for Oils and Fats,
For the 2001/02, 2002/03 and 2003/04 marketing years, France is authorised to grant aid for the production of table olives in accordance with this Decision.
1. Aid for the production of table olives shall be granted to growers of olives which come from olive groves in France and are sent to approved processing undertakings for processing into table olives.
2. For each olive-oil marketing year, aid shall be granted for table olives processed between 1 September of the preceding marketing year and 31 August of the marketing year concerned.
3. Within the meaning of this Decision, “processed table olives” means olives that have undergone initial treatment in brine for at least 15 days and have been removed from the brine definitively or failing that have undergone treatment making them fit for human consumption.
1. For the purposes of calculating the unit aid for table olives and of administering the national guaranteed quantities of olive oil, 100 kg of processed table olives shall be deemed to be equivalent to 13 kg of olive oil eligible for production aid as provided for in Article 5 of Regulation No 136/66/EEC.
2. The weight of processed table olives to be taken into consideration shall be the drained net weight of whole olives after processing, possibly bruised but not stoned.
1. Approval numbers shall be allocated to undertakings which:
– submit an application for approval by 30 September preceding the olive-oil marketing year in question, accompanied by the information referred to in paragraph 2 and the commitments referred to in paragraph 3,
– market processed table olives, with or without additional preparation,
– have plant capable of processing at least 5 t of olives per year in the Department of Corsica and in the case of olives harvested within the area covered by a registered designation of origin and 10 t of olives elsewhere.
2. Applications for approval shall include at least:
– a description of the processing plant and storage facilities, with details of their capacity,
– a description of the forms of table-olive preparations marketed, indicating the average weight of processed table olives required for 1 kg of each type of prepared product,
– details of stocks of table olives at various stages of preparation, by form of preparation, as at 1 September preceding the olive-oil marketing year in question.
3. For the purposes of approval, processors shall undertake:
– to keep table olives for which aid is payable separate from table olives originating in non-member countries and those for which aid is not payable when taking delivery of, processing and storing them,
– to keep stock records covering table olives, linked to the financial accounts and indicating, for each day:
(a) the quantities of olives entering the establishment, showing each consignment separately and identifying the grower of each;
(b) the quantities of olives sent for processing and the quantities of table olives processed within the meaning of Article 2(3);
(c) the quantities of table olives for which the process of preparation has been completed;
(d) the quantities of table olives leaving the undertaking, broken down by form of preparation and indicating the consignees,
– to provide the grower as referred to in Article 2(1) and the competent body with the documents and the information referred to in Article 6 in accordance with the conditions laid down therein,
– to submit to all checks provided for under this Decision.
4. Approval shall be refused or immediately withdrawn where undertakings:
– fail to comply or no longer comply with the conditions for approval, or
– are prosecuted by the competent authorities for irregularities in respect of the arrangements provided for in Regulation No 136/66/EEC, or
For the purposes of granting the aid for the production of table olives, by 1 December growers shall lodge a crop attestation confirming that the declaration laid down for olive-oil production aid also covers table olives or, as appropriate, a new declaration containing the same information as the crop declaration for olive oil but referring to table olives.
Where the information concerned has already been furnished by a crop declaration for olive oil and has not been subject to modification, the supplementary declaration shall simply indicate the references to the crop declaration and the parcels concerned.
The declarations concerning table olives shall be included in the alphanumeric database provided for in connection with the aid scheme for olive oil production.
1. During the month following delivery of the final consignment of olives and no later than 30 June, approved undertakings shall issue growers as referred to in Article 2(1) with a certificate of delivery showing the net weight of olives entering the undertaking.
The certificate must be supported by all the documentation relating to the weight of the consignments of olives delivered.
2. Approved undertakings shall notify the competent body and the control agency:
(a) by the 10th day of each quarter, of:
– the quantities of olives received, sent for processing and processed within the meaning of Article 2(3) in the course of the previous quarter,
– the quantities of olives prepared and sent out, broken down by form of preparation, in the course of the previous quarter,
– the aggregate quantities referred to in the first two indents and the stock situation at the end of the previous quarter;
(b) before 1 July, of the names of growers as referred to in Article 2(1) for the processing period referred to in Article 2(2) and of the quantities covered by certificates issued to them in accordance with paragraph 1;
(c) before 1 June, of the total quantities delivered for the processing period referred to in Article 2(2) and of the corresponding total quantities processed.
1. Before 1 July of the current marketing year, table-olive growers shall lodge aid applications, directly or indirectly, with the competent body, containing at least the following details:
– the name and address of the grower,
– a reference to the relevant crop declaration,
– the approved undertaking to which the olives were delivered.
Such applications shall be accompanied by certificates of delivery as referred to in Article 6(1).
Where applicable, applications may be accompanied by an application for an advance on the aid.
2. Applications lodged after the deadline shall incur a penalty consisting of a reduction of 1 % of the amount to which the grower would have been entitled had the application been lodged by the due date, for each working day of delay. Applications lodged more than 25 working days late shall be refused.
1. Before the definitive payment of the aid, the competent body shall carry out the controls required to check:
– the quantities of table olives covered by certificates of delivery,
– the quantities of table olives processed, broken down by grower.
Controls shall involve:
– several physical inspections of goods in stock and a check of the accounts of approved undertakings,
– stricter checks of aid applications from olive growers applying for aid for both table olives and olive oil.
2. France shall see that all the necessary controls are in place to ensure that:
– entitlement to table-olive production aid is respected,
– olives entering an undertaking approved under this Decision are excluded from eligibility for olive-oil production aid,
– no more than one aid application is lodged for the same olives.
3. Without prejudice to the penalties laid down by France, no aid shall be granted to growers as referred to in Article 2(1) whose declarations as provided for in Article 5 or whose aid applications in accordance with Article 7 proves to conflict with the results of checks. However, Article 15 of Commission Regulation (EC) No 2366/98(3) shall apply mutatis mutandis.
1. Growers as referred to in Article 2(1) may receive an advance on the aid requested. The advance shall be equal to the unit amount referred to in Article 17a(1) of Council Regulation (EEC) No 2261/84(4), multiplied by the quantity of olive oil equivalent, in accordance with Article 3(1) of this Decision, to the relevant quantity of table olives processed.
For the purposes of granting advances to growers, the quantity of table olives processed shall be determined by applying a provisional processing coefficient to the quantity appearing in the certificate of delivery, as confirmed by the other information notified to the competent body. That coefficient shall be established by the competent body on the basis of the data available on the approved undertaking concerned. However, the quantity of table olives taken into consideration may not exceed 90 % of the quantity of table olives delivered.
2. Advances on the aid shall be paid from 16 October of the current marketing year to growers applying therefor in accordance with Article 7(1).
1. Without prejudice to the reductions provided for in Article 20d of Regulation No 136/66/EEC, the aid shall be equal to the unit amount referred to in Article 17a(2) of Regulation (EEC) No 2261/84 multiplied by the quantity of olive oil equivalent, in accordance with Article 3(1) of this Decision, to the relevant quantity of table olives processed.
For the purposes of granting the aid to growers as referred to in Article 2(1), the quantity of table olives processed shall be determined by applying a processing coefficient for the undertaking concerned to the quantity appearing in the certificate of delivery, as confirmed by the other information notified to the competent body. That coefficient shall be equal to the ratio between the total quantity of table olives processed on the one hand, and the total quantity of table olives covered by certificates of delivery on the other hand, in respect of the olive-oil marketing year concerned.
Where the quantity of processed olives corresponding to the quantity set out in the certificate of delivery cannot be established, the quantities of table olives processed for the growers concerned shall be calculated using the average coefficient for the other undertakings. However, without prejudice to any claims which the olive growers concerned might make against the undertaking, that quantity of processed olives may not exceed 75 % of the quantity shown in the certificate of delivery.
2. Once the controls referred to in Article 8 have been carried out, the aid or, where applicable, the balance of the aid shall be paid to the grower in full within 90 days of the Commission fixing the unit amount thereof.
France shall notify the Commission:
– without delay, of the national measures taken pursuant to this Decision,
– before 1 August of each marketing year, of the quantities of olive oil equivalent to the estimated output of table olives processed and of the provisional processing coefficients for that estimate,
– before 16 June of each subsequent marketing year, of the quantities of olive oil equivalent to the actual output of table olives processed and of the processing coefficients adopted.
This Decision shall apply from 1 September 2001.
This Decision is addressed to the French Republic.
Done at Brussels, 9 August 2001.
For the Commission
Franz Fischler
Member of the Commission
(1) OJ 172, 30.9.1966, p. 3025/66.
(2) OJ L 201, 26.7.2001, p. 4.
(3) OJ L 293, 31.10.1998, p. 50.
(4) OJ L 208, 3.8.1984, p. 3.

Pending: 32001D0622

THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Directive 90/426/EEC of 26 June 1990 on animal health conditions governing the movement and import from third countries of equidae(1), as last amended by Commission Decision 2001/298/EC(2), and in particular Article 13(2)(a) thereof,Having regard to Council Directive 91/496/EEC of 15 July 1991 laying down the principles governing the organisation of veterinary checks on animals entering the Community from third countries and amending Directives 89/662/EEC, 90/425/EEC and 90/675/EEC(3), as last amended by Directive 96/43/EC(4), and in particular Article 18 thereof,Whereas:(1) Commission Decision 92/160/EEC(5), as last amended by Decision 2000/619/EC(6), establishes the regionalisation of certain third countries for imports of equidae.(2) The animal health conditions for the importation of registered horses from South Africa were laid down in Commission Decision 97/10/EC(7), which also established the regionalisation of South Africa.(3) Following the notification of outbreaks of African horse sickness in the Western Cape Province of South Africa in May 1999, the Commission adopted Decision 1999/334/EC of 7 May 1999 laying down protection measures with regard to registered horses coming from South Africa(8).(4) South Africa has not recorded cases of African horse sickness in the African horse sickness free area of metropolitan Cape Town or the surveillance zone surrounding the free area more than two years.(5) The competent authorities of South Africa provided the Commission with a comprehensive final report about the outbreak in 1999 and the measures carried out since. The main findings in this report were also presented to the annual meeting of the National African horse sickness reference laboratories in Algete, Spain, in November 2000.(6) However, the competent authorities of South Africa requested a modification of the regionalisation in line with Community legislation and standards of the Office Internationale des Epizootics (OIE).(7) In order to allow imports of registered horses from South Africa it is necessary to adjust the regionalisation for imports of equidae by modifying the Annex to Decision 92/160/EEC, to modify the boundaries of the surveillance and protection zones described in the Annex to Decision 97/10/EC, and to repeal Decision 1999/334/EC.(8) The measures provided for in this Decision are in accordance with the opinion of the Standing Veterinary Committee,

Article 1
The reference to South Africa in the Annex to Decision 92/160/EEC is replaced by the following: “South Africa (3)
The metropolitan area of Cape Town delineated as follows:

Article 3
Decision 1999/334/EC is repealed.

Article 4
This Decision is addressed to all the Member States.
Done at Brussels, 27 July 2001.
For the Commission
David Byrne
Member of the Commission
(1) OJ L 224, 18.8.1990, p. 42.
(2) OJ L 102, 12.4.2001, p. 63.
(3) OJ L 268, 24.9.1991, p. 56.
(4) OJ L 162, 1.7.1996, p. 1.
(5) OJ L 71, 18.3.1992, p. 24.
(6) OJ L 215, 9.8.2001, p. 55.
(7) OJ L 3, 7.1.1997, p. 9.
(8) OJ L 126, 20.5.1999, p. 19.

THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Directive 90/426/EEC of 26 June 1990 on animal health conditions governing the movement and import from third countries of equidae(1), as last amended by Commission Decision 2001/298/EC(2), and in particular Article 13(2)(a) thereof,Having regard to Council Directive 91/496/EEC of 15 July 1991 laying down the principles governing the organisation of veterinary checks on animals entering the Community from third countries and amending Directives 89/662/EEC, 90/425/EEC and 90/675/EEC(3), as last amended by Directive 96/43/EC(4), and in particular Article 18 thereof,Whereas:(1) Commission Decision 92/160/EEC(5), as last amended by Decision 2000/619/EC(6), establishes the regionalisation of certain third countries for imports of equidae.(2) The animal health conditions for the importation of registered horses from South Africa were laid down in Commission Decision 97/10/EC(7), which also established the regionalisation of South Africa.(3) Following the notification of outbreaks of African horse sickness in the Western Cape Province of South Africa in May 1999, the Commission adopted Decision 1999/334/EC of 7 May 1999 laying down protection measures with regard to registered horses coming from South Africa(8).(4) South Africa has not recorded cases of African horse sickness in the African horse sickness free area of metropolitan Cape Town or the surveillance zone surrounding the free area more than two years.(5) The competent authorities of South Africa provided the Commission with a comprehensive final report about the outbreak in 1999 and the measures carried out since. The main findings in this report were also presented to the annual meeting of the National African horse sickness reference laboratories in Algete, Spain, in November 2000.(6) However, the competent authorities of South Africa requested a modification of the regionalisation in line with Community legislation and standards of the Office Internationale des Epizootics (OIE).(7) In order to allow imports of registered horses from South Africa it is necessary to adjust the regionalisation for imports of equidae by modifying the Annex to Decision 92/160/EEC, to modify the boundaries of the surveillance and protection zones described in the Annex to Decision 97/10/EC, and to repeal Decision 1999/334/EC.(8) The measures provided for in this Decision are in accordance with the opinion of the Standing Veterinary Committee,
The reference to South Africa in the Annex to Decision 92/160/EEC is replaced by the following: “South Africa (3)
The metropolitan area of Cape Town delineated as follows:
Decision 1999/334/EC is repealed.
This Decision is addressed to all the Member States.
Done at Brussels, 27 July 2001.
For the Commission
David Byrne
Member of the Commission
(1) OJ L 224, 18.8.1990, p. 42.
(2) OJ L 102, 12.4.2001, p. 63.
(3) OJ L 268, 24.9.1991, p. 56.
(4) OJ L 162, 1.7.1996, p. 1.
(5) OJ L 71, 18.3.1992, p. 24.
(6) OJ L 215, 9.8.2001, p. 55.
(7) OJ L 3, 7.1.1997, p. 9.
(8) OJ L 126, 20.5.1999, p. 19.
1. Paragraph 2 relating to the regionalisation is replaced by the words in the Annex to this Decision.
2. The second subparagraph in paragraph 3.1 is replaced by the following: “However, by way of derogation the Director of Animal Health of the Ministry of Agriculture of South Africa may grant permission for vaccination using a registered polyvalent AHS vaccine as prescribed by the vaccine manufacturer and carried out exclusively by a veterinarian or an authorised Animal Health Technician in the official employ of the Government, of those horses scheduled to leave the free area or the surveillance zone beyond the perimeters of the surveillance zone under the provision, that these horses may not leave the holding until departure for a destination outside the free area and the surveillance zone and the vaccination must be entered in the passport.”
3. Paragraph 3.2. is replaced by the following: “Where vaccination of registered horses against AHS is carried out in areas outside the free area and surveillance zone it must be carried out by a veterinarian or an authorised Animal Health Technician in the official employ of the Government using a registered polyvalent AHS vaccine as prescribed by the vaccine manufacturer and the vaccination must be entered in the passport.”
“2. Regionalisation:
2.1. African horse sickness free area:
The metropolitan area of Cape Town is an African horse sickness free area and delineated as follows:
2.2. African horse sickness surveillance zone:
The African horse sickness free area is surrounded by a surveillance zone of at least 50 km width which includes the magisterial districts of Cape Town, Vredenburg, Hopefield, Mooreesburg, Malmesbury, Wellington, Paarl, Stellenbosch, Kuilsrivier, Goodwood, Wynberg, Simonstown, Somerset West, Mitchells Plain and Strand and is defined by the Berg Rivier to the north, the Hottentots Holland Mountains to the east and the coast to the south and west.
2.3. African horse sickness protection zone:
The surveillance zone is surrounded by a protection zone of at least 100 km width which includes the magisterial districts of Clanwilliam, Piketberg, Ceres, Tulbagh, Worcester, Caledon, Hermanus, Bredasdorp, Robertson, Montagu, Swellendam.
2.4. African horse sickness infected zone:
The part of the territory of the Republic of South Africa outside the Western Cape Province and the part of the Western Cape Province outside the free area and the protection and surveillance zone and including the magisterial districts of Vanrynsdorp, Vredendal, Laingsburg, Ladismith, Heidelberg, Riversdale, Mossel Bay, Calitzdorp, Oudtshoorn, George, Knysna, Uniondale, Prince Albert, Beaufort West and Murraysburg.”

Pending: 32001D0607

THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Regulation (EC) No 1980/2000 of the European Parliament and of the Council of 17 July 2000 on a revised Community eco-label award scheme(1), and in particular Articles 3, 4 and 6 thereof,Whereas:(1) Article 3 of Regulation (EC) No 1980/2000 provides that the eco-label may be awarded to a product possessing characteristics which enable it to contribute significantly to improvements in relation to key environmental aspects.(2) Article 4 of Regulation (EC) No 1980/2000 provides that specific eco-label criteria shall be established according to product groups.(3) The measures set out in this Decision have been developed and adopted under the procedures for the setting of eco-label criteria as laid down in Article 6 of Regulation (EC) No 1980/2000.(4) The measures set out in this Decision are in accordance with the opinion of the committee set up under Article 17 of Regulation (EC) No 1980/2000,HAS ADOPTED THIS DECISION:Article 1The product group “hand dishwashing detergents” (hereinafter referred to as ‘the product group’) shall mean:All detergents intended to be used to wash by hand dishes, crockery, cutlery, pots, pans and other kitchen utensils, etc.Article 2The environmental performance and the fitness for use of the product group shall be assessed by reference to the criteria set out in the Annex.Article 3The product group definition and the criteria for the product group shall be valid for three years from the date on which this Decision takes effect. If revised ecological criteria have not been adopted before the end of this period, their validity shall be extended for a further year.Article 4For administrative purposes the code number assigned to the product group shall be 019.Article 5This Decision is addressed to the Member States.Done at Brussels, 19 July 2001.For the CommissionMargot WallströmMember of the Commission(1) OJ L 237, 21.9.2000, p. 1.ANNEXFRAMEWORKIn order to qualify for the eco-label, a hand dishwashing detergent (hereinafter referred to as “the product” must fall within the product group as defined in

Article 1
The product group “hand dishwashing detergents” (hereinafter referred to as ‘the product group’) shall mean:
All detergents intended to be used to wash by hand dishes, crockery, cutlery, pots, pans and other kitchen utensils, etc.

Article 2
The environmental performance and the fitness for use of the product group shall be assessed by reference to the criteria set out in the Annex.

Article 3
The product group definition and the criteria for the product group shall be valid for three years from the date on which this Decision takes effect. If revised ecological criteria have not been adopted before the end of this period, their validity shall be extended for a further year.

Article 4
For administrative purposes the code number assigned to the product group shall be 019.

Article 5
This Decision is addressed to the Member States.
Done at Brussels, 19 July 2001.
For the Commission
Margot Wallström
Member of the Commission
(1) OJ L 237, 21.9.2000, p. 1.

THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Regulation (EC) No 1980/2000 of the European Parliament and of the Council of 17 July 2000 on a revised Community eco-label award scheme(1), and in particular Articles 3, 4 and 6 thereof,Whereas:(1) Article 3 of Regulation (EC) No 1980/2000 provides that the eco-label may be awarded to a product possessing characteristics which enable it to contribute significantly to improvements in relation to key environmental aspects.(2) Article 4 of Regulation (EC) No 1980/2000 provides that specific eco-label criteria shall be established according to product groups.(3) The measures set out in this Decision have been developed and adopted under the procedures for the setting of eco-label criteria as laid down in Article 6 of Regulation (EC) No 1980/2000.(4) The measures set out in this Decision are in accordance with the opinion of the committee set up under Article 17 of Regulation (EC) No 1980/2000,HAS ADOPTED THIS DECISION:Article 1The product group “hand dishwashing detergents” (hereinafter referred to as ‘the product group’) shall mean:All detergents intended to be used to wash by hand dishes, crockery, cutlery, pots, pans and other kitchen utensils, etc.Article 2The environmental performance and the fitness for use of the product group shall be assessed by reference to the criteria set out in the Annex.Article 3The product group definition and the criteria for the product group shall be valid for three years from the date on which this Decision takes effect. If revised ecological criteria have not been adopted before the end of this period, their validity shall be extended for a further year.Article 4For administrative purposes the code number assigned to the product group shall be 019.Article 5This Decision is addressed to the Member States.Done at Brussels, 19 July 2001.For the CommissionMargot WallströmMember of the Commission(1) OJ L 237, 21.9.2000, p. 1.ANNEXFRAMEWORKIn order to qualify for the eco-label, a hand dishwashing detergent (hereinafter referred to as “the product” must fall within the product group as defined in
The product group “hand dishwashing detergents” (hereinafter referred to as ‘the product group’) shall mean:
All detergents intended to be used to wash by hand dishes, crockery, cutlery, pots, pans and other kitchen utensils, etc.
The environmental performance and the fitness for use of the product group shall be assessed by reference to the criteria set out in the Annex.
The product group definition and the criteria for the product group shall be valid for three years from the date on which this Decision takes effect. If revised ecological criteria have not been adopted before the end of this period, their validity shall be extended for a further year.
For administrative purposes the code number assigned to the product group shall be 019.
This Decision is addressed to the Member States.
Done at Brussels, 19 July 2001.
For the Commission
Margot Wallström
Member of the Commission
(1) OJ L 237, 21.9.2000, p. 1.
In order to qualify for the eco-label, a hand dishwashing detergent (hereinafter referred to as “the product” must fall within the product group as defined in Article 1, and must comply with the criteria of this Annex, with tests carried out on application as indicated in the criteria and the technical appendix. Where appropriate, other test methods may be used if their equivalence is accepted by the competent body or bodies assessing the application (hereinafter referred to as the “competent body”). Where no tests are mentioned, or are mentioned as being for use in verification or monitoring, competent bodies should rely, as appropriate, on declarations and documentation provided by the applicant and/or independent verifications. Where it is indicated that specific documentation and/or declarations are required, these shall be provided by the applicant and/or the manufacturer(s) and/or the supplier(s) as appropriate. Where ingredients are referred to, this includes substances and preparations.
The competent bodies are recommended to take into account the implementation of recognised environmental management schemes, such as EMAS or ISO 14001, when assessing applications and monitoring compliance with the criteria in this Annex (Note:
it is not required to implement such management schemes.)
These criteria aim in particular at promoting:
– the reduction of discharges of toxic or otherwise polluting substances into the aquatic environment,
– the reduction or prevention of risks to health or the environment related to the use of hazardous substances,
– the minimisation of packaging waste,
– information that will enable the consumer to use the product in the way that is efficient and minimises environmental impact.
The criteria are set at levels that promote the labelling of hand dishwashing detergents that have a low environmental impact.
ECOLOGICAL CRITERIA
1. Toxicity to aquatic organisms
The critical dilution volume toxicity (CDVtox) is calculated for each ingredient (i) using the following equation:
>PIC FILE= “L_2001214EN.003102.TIF”>
where weight (i) is the weight of the ingredient per recommended dose for 1 l of dishwashing water, LF is the loading factor and LTE is the long-term toxicity effect concentration of the ingredient.
The values of the LF and LTE parameters shall be as given in the detergent ingredient database list (DID list) in Appendix IA. If the ingredient in question is not included in the DID list, the applicant shall estimate their values following the approach described in Appendix IB. The CDVtox is summed for each ingredient, making the CDVtox for the product.
The CDVtox of the recommended dose expressed for 1 l of dishwashing water shall not exceed 170 l.
The exact formulation of the product shall be provided to the competent body, together with the details of the CDVtox calculations showing compliance with this criterion.
2. Biodegradabiltiy of surfactants
(a) Ready biodegradability (aerobic)
Each surfactant used in the product shall be readily biodegradable.
The exact formulation of the product shall be provided to the competent body. The DID list (see Appendix IA) indicates whether a specific surfactant is aerobically biodegradable or not (i.e. those that have an entry of “Y” in the column on aerobic biodegradabiltiy shall not be used). For surfactants which are not included in the DID list, the relevant information from literature or other sources, or appropriate test results, showing that they are aerobically biodegradable shall be provided. The tests for ready biodegradabiltiy shall be as referred to in Council Directive 67/548/EEC of 27 June 1967 on the approximation of laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances(1), and its subsequent amendments, in particular the methods detailed in Annex V.C4, or their equivalent OECD 301 A-F test methods, or their equivalent ISO tests. The 10 days window principle shall not apply. The pass levels shall be 70 % for the tests referred to in Annex V.C4-A and C.4-B of Directive 67/548/EEC (and their equivalent OECD 301 A and E tests and ISO equivalent), and shall be 60 % for tests C4-C, D, E and F (and their equivalent OECD 301 B, F, D and tests and ISO equivalents).
(b) Anaerobic biodegradability
Each surfactant used in the product shall be biodegradable under anaerobic conditions.
The exact formulation of the product shall be provided. The DID list (see Appendix IA) indicates whether a specific surfactant is anaerobically biodegradable or not (i.e. those that have an entry of “Y” in the column on anaerobic biodegradability shall not be used). For surfactants which are not included in the DID list, the relevant information from literature or other sources, or appropriate test results, showing that they are anaerobically biodegradable shall be provided. The reference test for anaerobic degradability shall be ISO 11734, ECETOC No 28 (June 1988) or equivalent test method, with the requirement of a minimum of 60 % degradability under anaerobic conditions.
3. Dangerous, hazardous or toxic substances or preparations
(a) The following ingredients shall not be included in the product, either as part of the formulation or as part of any preparation included in the formulation:
– alkyl phenol ethoxylates (APEOs)
– quaternary ammonium compounds
– trichlorocarbon
– EDTA (ethylene-diamine-tetra-acetate)
– NTA (nitrilo-tri-acetate)
– polyglycol solvents: polyethylene glycols
– nitromusks and polycyclic musks, including for example:
musk xylene: 5-tert-butyl-2,4,6-trinitro-m-xylene
musk ambrette: 4-tert-butyl-3-methoxy-2,6-dinitrotoluene
moskene: 1,1,3,3,5-pentamethyl-4,6-dinitroindan
musk tibetine: 1-tert-butyl-3,4,5-trimethyl-2,6-dinitrobenzene
musk ketone 4′-tert-butyl-2′,6′-dimethyl-3′,5′-dinitroacetaphenone
HHCB (1,3,4,6,7,8-Hexahydro-4,6,6,7,8,8-hexamethylcyclopenta(g)-2-benzopyran)
AHTN (6-Acetyl-1,1,2,4,4,7-hexamethyltetralin).
(b) No ingredient shall be included in the product that is classified as:
R40 (limited evidence of a carcinogenic effect)
R45 (may cause cancer),
R46 (may cause heritable genetic damage),
R49 (may cause cancer by inhalation),
R68 (possible risks of irreversible effects)
R50+53 (very toxic to aquatic organisms and may cause long-term adverse effects in the aquatic environment),
R51+53 (toxic to aquatic organisms and may cause long-term adverse effects in the aquatic environment),
R59 (dangerous to the ozone layer),
R60 (may impair fertility),

Pending: 32001D0549

THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 308 thereof,Having regard to the proposal of the Commission,Having regard to the opinion of the European Parliament(1),Whereas:(1) The Commission consulted the Economic and Financial Committee before submitting its proposal.(2) Political changes in the Federal Republic of Yugoslavia and the Republic of Serbia have taken place leading to new democratic governments and the Federal Republic of Yugoslavia is making efforts to establish a well-functioning market economy.(3) Within the Stabilisation and Association process, constituting the framework for EU relations with the region, it is desirable to support efforts made to ensure a stable political and economic environment in the Federal Republic of Yugoslavia, with a view to evolving towards the development of a full cooperation relationship with the Community.(4) The Community provided an emergency assistance package of approximately EUR 200 million comprising food aid and medical and energy supplies to provide for the basic needs of the population during the winter of 2000/01.(5) Financial assistance from the Community shall be instrumental in bringing the Federal Republic of Yugoslavia closer to the Community.(6) The Federal Republic of Yugoslavia has reached an understanding with the International Monetary Fund (IMF) on a comprehensive set of economic stabilisation and reform measures. The IMF approved a one-year stand-by arrangement on 11 June 2001.(7) The Federal Republic of Yugoslavia has reached an understanding with the World Bank on a set of structural adjustment measures to be backed by Structural Adjustment Loans and Credits in the areas of public finance reform, enterprise privatisation and banking restructuring.(8) The authorities of the Federal Republic of Yugoslavia have requested financial assistance from the international financial institutions, the Community, and other bilateral donors.(9) Over and above the estimated financing which could be provided by the IMF and the World Bank, an important residual financing gap remains to be covered in the coming months in order to strengthen the country’s reserve position and to support the policy objectives attached to that country’s authorities’ reform efforts.(10) The authorities of the Federal Republic of Yugoslavia have committed themselves to fully discharge all outstanding financial obligations of all public entities of the Federal Republic of Yugoslavia towards the European Community and the European Investment Bank, and to accept the responsibility by way of guarantee for those obligations that are not yet due.(11) Community macro-financial assistance to the Federal Republic of Yugoslavia in the form of a combination of a long-term loan and a straight grant is an appropriate measure to help, with other donors, ease the country’s external financial constraints, supporting the balance of payments and strengthening the reserve position.(12) The Federal Republic of Yugoslavia is temporarily eligible for highly concessional loans and facilities from the World Bank.(13) The inclusion of a grant component in this assistance is without prejudice to the powers of the budgetary authority.(14) This macro-financial assistance should be managed by the Commission in consultation with the Economic and Financial Committee.(15) The Treaty does not provide, for the adoption of this Decision, powers other than those of Article 308,HAS DECIDED AS FOLLOWS:Article 11. The Community shall make available to the Federal Republic of Yugoslavia macro-financial assistance in the form of a long-term loan and a straight grant with a view to ensuring a sustainable balance-of-payments situation and strengthening the country’s reserve position.2. The loan component of this assistance shall amount to a maximum principal of EUR 225 million with a maximum maturity of 15 years to be released in the first instalment. To this end, the Commission is empowered to borrow, on behalf of the European Community, the necessary resources that will be placed at the disposal of the Federal Republic of Yugoslavia in the form of a loan.3. The grant component of this assistance shall amount to a maximum of EUR 75 million.4. The Community financial assistance shall be managed by the Commission in close consultation with the Economic and Financial Committee and in a manner consistent with any agreement reached between the IMF and the Federal Republic of Yugoslavia.5. The implementation of this assistance is conditional upon clearance in full by the Federal Republic of Yugoslavia of the outstanding due financial obligations of all public entities towards the Community and the European Investment Bank and upon the acceptance by the Federal Republic of Yugoslavia of responsibility by way of guarantee for those obligations that are not yet due.Article 21. The Commission is empowered to agree with the authorities of the Federal Republic of Yugoslavia, after consultation with the Economic and Financial Committee, the economic policy conditions attached to the Community macro-financial assistance. These conditions shall be consistent with the agreements referred to in

Article 1
1. The Community shall make available to the Federal Republic of Yugoslavia macro-financial assistance in the form of a long-term loan and a straight grant with a view to ensuring a sustainable balance-of-payments situation and strengthening the country’s reserve position.
2. The loan component of this assistance shall amount to a maximum principal of EUR 225 million with a maximum maturity of 15 years to be released in the first instalment. To this end, the Commission is empowered to borrow, on behalf of the European Community, the necessary resources that will be placed at the disposal of the Federal Republic of Yugoslavia in the form of a loan.
3. The grant component of this assistance shall amount to a maximum of EUR 75 million.
4. The Community financial assistance shall be managed by the Commission in close consultation with the Economic and Financial Committee and in a manner consistent with any agreement reached between the IMF and the Federal Republic of Yugoslavia.
5. The implementation of this assistance is conditional upon clearance in full by the Federal Republic of Yugoslavia of the outstanding due financial obligations of all public entities towards the Community and the European Investment Bank and upon the acceptance by the Federal Republic of Yugoslavia of responsibility by way of guarantee for those obligations that are not yet due.

Article 2
1. The Commission is empowered to agree with the authorities of the Federal Republic of Yugoslavia, after consultation with the Economic and Financial Committee, the economic policy conditions attached to the Community macro-financial assistance. These conditions shall be consistent with the agreements referred to in Article 1(4).
2. The Commission shall verify at regular intervals, in collaboration with the Economic and Financial Committee and in co-ordination with the IMF, that economic policies in the Federal Republic of Yugoslavia are in accordance with the objectives of this macro-financial assistance and that its conditions are being fulfilled.

Article 3
1. The loan and grant components of this assistance shall be made available to the Federal Republic of Yugoslavia in at least two instalments. Subject to the provisions of Article 2, the first instalment is to be released after the full settlement of the outstanding financial obligations of the Federal Republic of Yugoslavia towards the Community and the European Investment Bank and on the basis of an agreement between the Federal Republic of Yugoslavia and the IMF on a macro-economic programme that is supported by an upper credit tranche arrangement.
2. Subject to the provisions of Article 2, the second and any further instalments shall be released on the basis of a satisfactory track record in the Federal Republic of Yugoslavia’s adjustment and reform programme and not earlier than three months after the release of the previous instalment.
3. The funds shall be paid to the National Bank of the Federal Republic of Yugoslavia.

Article 4
1. The borrowing and lending operations referred to in Article 1 shall be carried out using the same value date and must not involve the Community in the transformation of maturities, in any exchange or interest rate risks, or in any other commercial risk.
2. The Commission shall take the necessary steps, if the Federal Republic of Yugoslavia so requests, to ensure that an early repayment clause is included in the loan terms and conditions and that it may be exercised.
3. At the request of the Federal Republic of Yugoslavia, and where circumstances permit an improvement in the interest rate of the loan, the Commission may refinance all or part of its initial borrowings or restructure the corresponding financial conditions. Refinancing or restructuring operations shall be carried out in accordance with the conditions set out in paragraph 1 and shall not have the effect of extending the average maturity of the borrowing concerned or increasing the amount, expressed at the current exchange rate, of capital outstanding at the date of the refinancing or restructuring.
4. All related costs incurred by the Community in concluding and carrying out the operation under this Decision shall be borne by the Federal Republic of Yugoslavia, if appropriate.
5. The Economic and Financial Committee shall be kept informed of developments in the operations referred to in paragraphs 2 and 3 at least once a year.

Article 5
At least once a year, and before September, the Commission shall address to the European Parliament and to the Council a report, which will include an evaluation on the implementation of this Decision in the previous year.

Article 6
This Decision shall take effect on the day of its publication in the Official Journal of the European Communities.
It shall expire two years after the date of its publication.
Done at Brussels, 16 July 2001.
For the Council
The President
(1) Opinion delivered on 5 July 2001 (not yet published in the Official Journal).

THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 308 thereof,Having regard to the proposal of the Commission,Having regard to the opinion of the European Parliament(1),Whereas:(1) The Commission consulted the Economic and Financial Committee before submitting its proposal.(2) Political changes in the Federal Republic of Yugoslavia and the Republic of Serbia have taken place leading to new democratic governments and the Federal Republic of Yugoslavia is making efforts to establish a well-functioning market economy.(3) Within the Stabilisation and Association process, constituting the framework for EU relations with the region, it is desirable to support efforts made to ensure a stable political and economic environment in the Federal Republic of Yugoslavia, with a view to evolving towards the development of a full cooperation relationship with the Community.(4) The Community provided an emergency assistance package of approximately EUR 200 million comprising food aid and medical and energy supplies to provide for the basic needs of the population during the winter of 2000/01.(5) Financial assistance from the Community shall be instrumental in bringing the Federal Republic of Yugoslavia closer to the Community.(6) The Federal Republic of Yugoslavia has reached an understanding with the International Monetary Fund (IMF) on a comprehensive set of economic stabilisation and reform measures. The IMF approved a one-year stand-by arrangement on 11 June 2001.(7) The Federal Republic of Yugoslavia has reached an understanding with the World Bank on a set of structural adjustment measures to be backed by Structural Adjustment Loans and Credits in the areas of public finance reform, enterprise privatisation and banking restructuring.(8) The authorities of the Federal Republic of Yugoslavia have requested financial assistance from the international financial institutions, the Community, and other bilateral donors.(9) Over and above the estimated financing which could be provided by the IMF and the World Bank, an important residual financing gap remains to be covered in the coming months in order to strengthen the country’s reserve position and to support the policy objectives attached to that country’s authorities’ reform efforts.(10) The authorities of the Federal Republic of Yugoslavia have committed themselves to fully discharge all outstanding financial obligations of all public entities of the Federal Republic of Yugoslavia towards the European Community and the European Investment Bank, and to accept the responsibility by way of guarantee for those obligations that are not yet due.(11) Community macro-financial assistance to the Federal Republic of Yugoslavia in the form of a combination of a long-term loan and a straight grant is an appropriate measure to help, with other donors, ease the country’s external financial constraints, supporting the balance of payments and strengthening the reserve position.(12) The Federal Republic of Yugoslavia is temporarily eligible for highly concessional loans and facilities from the World Bank.(13) The inclusion of a grant component in this assistance is without prejudice to the powers of the budgetary authority.(14) This macro-financial assistance should be managed by the Commission in consultation with the Economic and Financial Committee.(15) The Treaty does not provide, for the adoption of this Decision, powers other than those of Article 308,HAS DECIDED AS FOLLOWS:Article 11. The Community shall make available to the Federal Republic of Yugoslavia macro-financial assistance in the form of a long-term loan and a straight grant with a view to ensuring a sustainable balance-of-payments situation and strengthening the country’s reserve position.2. The loan component of this assistance shall amount to a maximum principal of EUR 225 million with a maximum maturity of 15 years to be released in the first instalment. To this end, the Commission is empowered to borrow, on behalf of the European Community, the necessary resources that will be placed at the disposal of the Federal Republic of Yugoslavia in the form of a loan.3. The grant component of this assistance shall amount to a maximum of EUR 75 million.4. The Community financial assistance shall be managed by the Commission in close consultation with the Economic and Financial Committee and in a manner consistent with any agreement reached between the IMF and the Federal Republic of Yugoslavia.5. The implementation of this assistance is conditional upon clearance in full by the Federal Republic of Yugoslavia of the outstanding due financial obligations of all public entities towards the Community and the European Investment Bank and upon the acceptance by the Federal Republic of Yugoslavia of responsibility by way of guarantee for those obligations that are not yet due.Article 21. The Commission is empowered to agree with the authorities of the Federal Republic of Yugoslavia, after consultation with the Economic and Financial Committee, the economic policy conditions attached to the Community macro-financial assistance. These conditions shall be consistent with the agreements referred to in
1. The Community shall make available to the Federal Republic of Yugoslavia macro-financial assistance in the form of a long-term loan and a straight grant with a view to ensuring a sustainable balance-of-payments situation and strengthening the country’s reserve position.
2. The loan component of this assistance shall amount to a maximum principal of EUR 225 million with a maximum maturity of 15 years to be released in the first instalment. To this end, the Commission is empowered to borrow, on behalf of the European Community, the necessary resources that will be placed at the disposal of the Federal Republic of Yugoslavia in the form of a loan.
3. The grant component of this assistance shall amount to a maximum of EUR 75 million.
4. The Community financial assistance shall be managed by the Commission in close consultation with the Economic and Financial Committee and in a manner consistent with any agreement reached between the IMF and the Federal Republic of Yugoslavia.
5. The implementation of this assistance is conditional upon clearance in full by the Federal Republic of Yugoslavia of the outstanding due financial obligations of all public entities towards the Community and the European Investment Bank and upon the acceptance by the Federal Republic of Yugoslavia of responsibility by way of guarantee for those obligations that are not yet due.
1. The Commission is empowered to agree with the authorities of the Federal Republic of Yugoslavia, after consultation with the Economic and Financial Committee, the economic policy conditions attached to the Community macro-financial assistance. These conditions shall be consistent with the agreements referred to in Article 1(4).
2. The Commission shall verify at regular intervals, in collaboration with the Economic and Financial Committee and in co-ordination with the IMF, that economic policies in the Federal Republic of Yugoslavia are in accordance with the objectives of this macro-financial assistance and that its conditions are being fulfilled.
1. The loan and grant components of this assistance shall be made available to the Federal Republic of Yugoslavia in at least two instalments. Subject to the provisions of Article 2, the first instalment is to be released after the full settlement of the outstanding financial obligations of the Federal Republic of Yugoslavia towards the Community and the European Investment Bank and on the basis of an agreement between the Federal Republic of Yugoslavia and the IMF on a macro-economic programme that is supported by an upper credit tranche arrangement.
2. Subject to the provisions of Article 2, the second and any further instalments shall be released on the basis of a satisfactory track record in the Federal Republic of Yugoslavia’s adjustment and reform programme and not earlier than three months after the release of the previous instalment.
3. The funds shall be paid to the National Bank of the Federal Republic of Yugoslavia.
1. The borrowing and lending operations referred to in Article 1 shall be carried out using the same value date and must not involve the Community in the transformation of maturities, in any exchange or interest rate risks, or in any other commercial risk.
2. The Commission shall take the necessary steps, if the Federal Republic of Yugoslavia so requests, to ensure that an early repayment clause is included in the loan terms and conditions and that it may be exercised.
3. At the request of the Federal Republic of Yugoslavia, and where circumstances permit an improvement in the interest rate of the loan, the Commission may refinance all or part of its initial borrowings or restructure the corresponding financial conditions. Refinancing or restructuring operations shall be carried out in accordance with the conditions set out in paragraph 1 and shall not have the effect of extending the average maturity of the borrowing concerned or increasing the amount, expressed at the current exchange rate, of capital outstanding at the date of the refinancing or restructuring.
4. All related costs incurred by the Community in concluding and carrying out the operation under this Decision shall be borne by the Federal Republic of Yugoslavia, if appropriate.
5. The Economic and Financial Committee shall be kept informed of developments in the operations referred to in paragraphs 2 and 3 at least once a year.
At least once a year, and before September, the Commission shall address to the European Parliament and to the Council a report, which will include an evaluation on the implementation of this Decision in the previous year.
This Decision shall take effect on the day of its publication in the Official Journal of the European Communities.
It shall expire two years after the date of its publication.
Done at Brussels, 16 July 2001.
For the Council
The President
(1) Opinion delivered on 5 July 2001 (not yet published in the Official Journal).

Pending: 32001D0507

THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 285 thereof,Having regard to the proposal from the Commission(1),Acting in accordance with the procedure laid down in Article 251 of the Treaty(2),Whereas:(1) The actions implemented pursuant to Council Decision 96/715/EC of 9 December 1996 on inter-administration telematic networks for statistics relating to the trading of goods between Member States (Edicom)(3) have made it possible to improve considerably the quality of intra-Community statistics.(2) Statistics for foreign trade and for trade within the Community are entering a new phase of development, characterised by growing and increasingly demanding user need for information.(3) It is necessary to meet the urgent need of the Economic and Monetary Union by the rapid provision of reliable and accurate macroeconomic statistics.(4) The modernisation of the trans-European network for the collection, production and dissemination of statistics on the trading of goods within the Community and between the Community and non-member countries should be a driving force in the development of these statistics.(5) Council Regulation (EEC) No 3330/91 of 7 November 1991 on the statistics relating to the trading of goods between Member States(4) (Intrastat) and Council Regulation (EC) No 1172/95 of 22 May 1995 on the statistics relating to the trading of goods by the Community and its Member States with non-member countries(5) provide for increased use of automatic processing and electronic data transmission.(6) Simplification of the Intrastat system was a pilot project in the SLIM (“Simpler Legislation for the Internal Market”) initiative launched in 1996; the measures for reducing the workload on statistical information providers, in particular SMEs, which have been approved by the European Parliament and the Council, should be continued.(7) The objectives of this Decision are adequate and compatible with those of Decisions No 1719/1999/EC(6) and No 1720/1999/EC(7) of the European Parliament and the Council on trans-European networks for the electronic interchange of data between administrations (IDA); account should also be taken of IDA decisions, in particular Article 11 of Decision No 1719/1999/EC, in implementing this Decision.(8) An ex-ante evaluation has been performed in accordance with the financial management rules, in order to focus the programme on the need for effectiveness in achieving the objectives and to incorporate budgetary constraints from the design phase of the programme onwards.(9) Since the objectives of the proposed action, namely the development and modernisation of the trans-European network for the collection, processing and dissemination of intra- and extra-Community trade statistics, cannot be sufficiently achieved by the Member States and can therefore, by reason of their scale, be better achieved at Community level, the Community may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Decision does not go beyond what is necessary in order to achieve those objectives.(10) Council Regulation (EC) No 322/97 of 17 February 1997 on Community statistics(8) provides the regulatory framework for the provisions of this Decision, particularly those relating to access to administrative data sources, statistical confidentiality and the principle of cost-effectiveness.(11) The measures necessary for the implementation of this Decision should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission(9).(12) This Decision establishes a financial framework for the entire duration of the programme which is to be the principal point of reference for the budgetary authority, within the meaning of point 33 of the Interinstitutional Agreement of 6 May 1999 between the European Parliament, the Council and the Commission on budgetary discipline and improvement of the budgetary procedure(10),HAVE ADOPTED THIS DECISION:Article 1Field of application and general objectives1. The measures provided for by this Decision relate to the trans-European network for the collection, production and dissemination of statistics on the trading of goods within the Community and between the Community and non-member countries.2. The general objectives are as follows:(a) to encourage the organisation of the network referred to in paragraph 1 in the most modern, rational and effective manner possible and to adopt measures necessary for improving and harmonising the methods used, in order to produce statistics which:- are more reliable and less expensive for the information providers and administrations, and become available more quickly;- better satisfy the existing and future expectations of users;(b) further to develop existing computer tools for the collection, production, transmission and dissemination of statistical data, taking into account the latest technological advances and seeking to optimise cost-effectiveness.Article 2Actions1. To achieve the objectives referred to in

Article 1
Field of application and general objectives
1. The measures provided for by this Decision relate to the trans-European network for the collection, production and dissemination of statistics on the trading of goods within the Community and between the Community and non-member countries.
2. The general objectives are as follows:
(a) to encourage the organisation of the network referred to in paragraph 1 in the most modern, rational and effective manner possible and to adopt measures necessary for improving and harmonising the methods used, in order to produce statistics which:
– are more reliable and less expensive for the information providers and administrations, and become available more quickly;
– better satisfy the existing and future expectations of users;
(b) further to develop existing computer tools for the collection, production, transmission and dissemination of statistical data, taking into account the latest technological advances and seeking to optimise cost-effectiveness.

Article 2
1. To achieve the objectives referred to in Article 1, a set of actions (known as the “Edicom” programme) shall be implemented for:
(a) the development of the network referred to in Article 1(1) in order to:
– produce statistical information which is of better quality, less costly and available more quickly, in order to satisfy the requirements of Community policies;
– produce statistical information that is relevant and appropriate to the new needs of users within the framework of Economic and Monetary Union and the changing international economic environment;
– incorporate statistics on the trading of goods more effectively into the general statistical system at Community and international level and adapt them to changes in the administrative environment;
– improve the service offered to administrations, suppliers and users of information, by providing them with all the available statistics and metadata relating to the trading of goods;
(b) the development and promotion of tools for collecting information on the trading of goods, by taking into account the latest technological advances in order to improve the functions available to information providers.
The specific conditions in which these actions are implemented are set out in Annex I. The indicative breakdown for the entire period is set out in percentages in Annex II.
2. The procedures for implementing the actions referred to in paragraph 1 shall be adopted in accordance with the procedure provided for in Article 4(2).

Article 3
Annual work programme and management of expenditure
1. In accordance with the procedure provided for in Article 4(2), the Commission shall approve the annual work programme, including the allocation of annual budget expenditure under this Decision.
2. The Commission shall inform the Statistical Programme Committee of the European Communities, set up by Decision 89/382/EEC, Euratom(11), of the annual work programme.

Article 4
1. The Commission shall be assisted by the Committee on statistics relating to the trading of goods between Member States, set up by Regulation (EEC) No 3330/91, and the Committee on statistics relating to the trading of goods with non-member countries, set up by Regulation (EC) No 1172/95, for matters coming under their respective responsibility.
2. Where reference is made to this paragraph, Articles 4 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.
The period laid down in Article 4(3) of Decision 1999/468/EC shall be set at three months.
3. The Committees shall adopt their rules of procedure.

Article 5
1. The Commission shall, in cooperation with the Member States, regularly review the actions financed under this Decision, in order to ascertain whether the stated objectives have been attained and to provide guidelines for improving the effectiveness of future actions. The Commission shall submit to the Committees referred to in Article 4(1) a summary of the evaluations made, which may if necessary be examined by the latter. The evaluation reports shall be available on request to the Member States.
2. By the end of December 2003, the Commission shall submit to the European Parliament and the Council a mid-term report of the activities financed under the new programme so as to enable, if appropriate, a review of the actions implemented under this Decision to be carried out.
At the end of the period of five years referred to in the second subparagraph of Article 7, the Commission shall submit to the European Parliament and the Council a report on the implementation of this Decision, accompanied, if appropriate, by proposals for new actions.
This report shall seek to assess, in the light of the expenditure incurred by the Community, the benefits of the actions accruing to the Community, the Member States and providers and users of statistical information, to identify areas for potential improvement and to verify synergy with other Community activities, particularly in the field of trans-European telecommunications networks and technological development programmes.
3. The Commission shall take any other measure necessary to verify that the financed actions are carried out properly and in compliance with the provisions of this Decision.

Article 6
Financial aspects
The financial framework for implementation of the Community action described in this Decision for the period 2001-2005 is fixed at EUR 51,2 million. An indicative breakdown, by category of actions referred to in Article 2, is shown in Annex II.
The annual appropriations shall be authorised by the budgetary authority, within the limits of the financial perspective.
The financial resources provided for under this Decision shall not be allocated to actions which benefit from other sources of Community funding.

Article 7
Entry into force and validity
This Decision shall enter into force on the day of its publication in the Official Journal of the European Communities.
This Decision shall be valid for a period of five years as from its entry into force.

Article 8
This Decision is addressed to the Member States.
Done at Brussels, 12 March 2001.
For the European Parliament
The President
N. Fontaine
For the Council
L. Pagrotsky
(1) OJ C 337 E, 28.11.2000, p. 246.
(2) Opinion of the European Parliament of 30 November 2000 (not yet published in the Official Journal) and Council Decision of 12 February 2001.
(3) OJ L 327, 18.12.1996, p. 34.
(4) OJ L 316, 16.11.1991, p. 1. Regulation as last amended by Regulation (EC) No 1624/2000 (OJ L 187, 26.7.2000, p. 1).
(5) OJ L 118, 25.5.1995, p. 10. Regulation as last amended by Regulation (EC) No 374/98 (OJ L 48, 19.2.1998, p. 6).
(6) OJ L 203, 3.8.1999, p. 1.
(7) OJ L 203, 3.8.1999, p. 9.
(8) OJ L 52, 22.2.1997, p. 1.
(9) OJ L 184, 17.7.1999, p. 23.
(10) OJ C 172, 18.6.1999, p. 1.
(11) OJ L 181, 28.6.1989, p. 47.

THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 285 thereof,Having regard to the proposal from the Commission(1),Acting in accordance with the procedure laid down in Article 251 of the Treaty(2),Whereas:(1) The actions implemented pursuant to Council Decision 96/715/EC of 9 December 1996 on inter-administration telematic networks for statistics relating to the trading of goods between Member States (Edicom)(3) have made it possible to improve considerably the quality of intra-Community statistics.(2) Statistics for foreign trade and for trade within the Community are entering a new phase of development, characterised by growing and increasingly demanding user need for information.(3) It is necessary to meet the urgent need of the Economic and Monetary Union by the rapid provision of reliable and accurate macroeconomic statistics.(4) The modernisation of the trans-European network for the collection, production and dissemination of statistics on the trading of goods within the Community and between the Community and non-member countries should be a driving force in the development of these statistics.(5) Council Regulation (EEC) No 3330/91 of 7 November 1991 on the statistics relating to the trading of goods between Member States(4) (Intrastat) and Council Regulation (EC) No 1172/95 of 22 May 1995 on the statistics relating to the trading of goods by the Community and its Member States with non-member countries(5) provide for increased use of automatic processing and electronic data transmission.(6) Simplification of the Intrastat system was a pilot project in the SLIM (“Simpler Legislation for the Internal Market”) initiative launched in 1996; the measures for reducing the workload on statistical information providers, in particular SMEs, which have been approved by the European Parliament and the Council, should be continued.(7) The objectives of this Decision are adequate and compatible with those of Decisions No 1719/1999/EC(6) and No 1720/1999/EC(7) of the European Parliament and the Council on trans-European networks for the electronic interchange of data between administrations (IDA); account should also be taken of IDA decisions, in particular Article 11 of Decision No 1719/1999/EC, in implementing this Decision.(8) An ex-ante evaluation has been performed in accordance with the financial management rules, in order to focus the programme on the need for effectiveness in achieving the objectives and to incorporate budgetary constraints from the design phase of the programme onwards.(9) Since the objectives of the proposed action, namely the development and modernisation of the trans-European network for the collection, processing and dissemination of intra- and extra-Community trade statistics, cannot be sufficiently achieved by the Member States and can therefore, by reason of their scale, be better achieved at Community level, the Community may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Decision does not go beyond what is necessary in order to achieve those objectives.(10) Council Regulation (EC) No 322/97 of 17 February 1997 on Community statistics(8) provides the regulatory framework for the provisions of this Decision, particularly those relating to access to administrative data sources, statistical confidentiality and the principle of cost-effectiveness.(11) The measures necessary for the implementation of this Decision should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission(9).(12) This Decision establishes a financial framework for the entire duration of the programme which is to be the principal point of reference for the budgetary authority, within the meaning of point 33 of the Interinstitutional Agreement of 6 May 1999 between the European Parliament, the Council and the Commission on budgetary discipline and improvement of the budgetary procedure(10),HAVE ADOPTED THIS DECISION:Article 1Field of application and general objectives1. The measures provided for by this Decision relate to the trans-European network for the collection, production and dissemination of statistics on the trading of goods within the Community and between the Community and non-member countries.2. The general objectives are as follows:(a) to encourage the organisation of the network referred to in paragraph 1 in the most modern, rational and effective manner possible and to adopt measures necessary for improving and harmonising the methods used, in order to produce statistics which:- are more reliable and less expensive for the information providers and administrations, and become available more quickly;- better satisfy the existing and future expectations of users;(b) further to develop existing computer tools for the collection, production, transmission and dissemination of statistical data, taking into account the latest technological advances and seeking to optimise cost-effectiveness.Article 2Actions1. To achieve the objectives referred to in
Field of application and general objectives
1. The measures provided for by this Decision relate to the trans-European network for the collection, production and dissemination of statistics on the trading of goods within the Community and between the Community and non-member countries.
2. The general objectives are as follows:
(a) to encourage the organisation of the network referred to in paragraph 1 in the most modern, rational and effective manner possible and to adopt measures necessary for improving and harmonising the methods used, in order to produce statistics which:
– are more reliable and less expensive for the information providers and administrations, and become available more quickly;
– better satisfy the existing and future expectations of users;
(b) further to develop existing computer tools for the collection, production, transmission and dissemination of statistical data, taking into account the latest technological advances and seeking to optimise cost-effectiveness.
1. To achieve the objectives referred to in Article 1, a set of actions (known as the “Edicom” programme) shall be implemented for:
(a) the development of the network referred to in Article 1(1) in order to:
– produce statistical information which is of better quality, less costly and available more quickly, in order to satisfy the requirements of Community policies;
– produce statistical information that is relevant and appropriate to the new needs of users within the framework of Economic and Monetary Union and the changing international economic environment;
– incorporate statistics on the trading of goods more effectively into the general statistical system at Community and international level and adapt them to changes in the administrative environment;
– improve the service offered to administrations, suppliers and users of information, by providing them with all the available statistics and metadata relating to the trading of goods;
(b) the development and promotion of tools for collecting information on the trading of goods, by taking into account the latest technological advances in order to improve the functions available to information providers.
The specific conditions in which these actions are implemented are set out in Annex I. The indicative breakdown for the entire period is set out in percentages in Annex II.
2. The procedures for implementing the actions referred to in paragraph 1 shall be adopted in accordance with the procedure provided for in Article 4(2).
Annual work programme and management of expenditure
1. In accordance with the procedure provided for in Article 4(2), the Commission shall approve the annual work programme, including the allocation of annual budget expenditure under this Decision.
2. The Commission shall inform the Statistical Programme Committee of the European Communities, set up by Decision 89/382/EEC, Euratom(11), of the annual work programme.
1. The Commission shall be assisted by the Committee on statistics relating to the trading of goods between Member States, set up by Regulation (EEC) No 3330/91, and the Committee on statistics relating to the trading of goods with non-member countries, set up by Regulation (EC) No 1172/95, for matters coming under their respective responsibility.
2. Where reference is made to this paragraph, Articles 4 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.
The period laid down in Article 4(3) of Decision 1999/468/EC shall be set at three months.
3. The Committees shall adopt their rules of procedure.
1. The Commission shall, in cooperation with the Member States, regularly review the actions financed under this Decision, in order to ascertain whether the stated objectives have been attained and to provide guidelines for improving the effectiveness of future actions. The Commission shall submit to the Committees referred to in Article 4(1) a summary of the evaluations made, which may if necessary be examined by the latter. The evaluation reports shall be available on request to the Member States.
2. By the end of December 2003, the Commission shall submit to the European Parliament and the Council a mid-term report of the activities financed under the new programme so as to enable, if appropriate, a review of the actions implemented under this Decision to be carried out.
At the end of the period of five years referred to in the second subparagraph of Article 7, the Commission shall submit to the European Parliament and the Council a report on the implementation of this Decision, accompanied, if appropriate, by proposals for new actions.
This report shall seek to assess, in the light of the expenditure incurred by the Community, the benefits of the actions accruing to the Community, the Member States and providers and users of statistical information, to identify areas for potential improvement and to verify synergy with other Community activities, particularly in the field of trans-European telecommunications networks and technological development programmes.
3. The Commission shall take any other measure necessary to verify that the financed actions are carried out properly and in compliance with the provisions of this Decision.
Financial aspects
The financial framework for implementation of the Community action described in this Decision for the period 2001-2005 is fixed at EUR 51,2 million. An indicative breakdown, by category of actions referred to in Article 2, is shown in Annex II.
The annual appropriations shall be authorised by the budgetary authority, within the limits of the financial perspective.
The financial resources provided for under this Decision shall not be allocated to actions which benefit from other sources of Community funding.
Entry into force and validity
This Decision shall enter into force on the day of its publication in the Official Journal of the European Communities.
This Decision shall be valid for a period of five years as from its entry into force.
This Decision is addressed to the Member States.
Done at Brussels, 12 March 2001.
For the European Parliament
The President
N. Fontaine
For the Council
L. Pagrotsky
(1) OJ C 337 E, 28.11.2000, p. 246.
(2) Opinion of the European Parliament of 30 November 2000 (not yet published in the Official Journal) and Council Decision of 12 February 2001.
(3) OJ L 327, 18.12.1996, p. 34.
(4) OJ L 316, 16.11.1991, p. 1. Regulation as last amended by Regulation (EC) No 1624/2000 (OJ L 187, 26.7.2000, p. 1).
(5) OJ L 118, 25.5.1995, p. 10. Regulation as last amended by Regulation (EC) No 374/98 (OJ L 48, 19.2.1998, p. 6).
(6) OJ L 203, 3.8.1999, p. 1.
(7) OJ L 203, 3.8.1999, p. 9.
(8) OJ L 52, 22.2.1997, p. 1.
(9) OJ L 184, 17.7.1999, p. 23.
(10) OJ C 172, 18.6.1999, p. 1.
(11) OJ L 181, 28.6.1989, p. 47.
Specific conditions for implementation of the actions referred to in Article 2
1. Implementation of the actions referred to in Article 2 shall:
(a) take into account the need for continuity of existing computer tools, the usefulness of which is acknowledged with respect to the objectives referred to in Article 1, without jeopardising competition with the private sector in the field of business services;
(b) take into account the satisfactory results of other relevant activities of the Community, particularly in the field of trans-European telecommunication networks and Community research and technological development programmes; account will also be taken of the obligations arising under Article 11 of Decision No 1719/1999/EC;
(c) refer to existing European standards and the specifications accessible to the public, such as the Internet open standards, so as to guarantee a high degree of interoperability of national and Community systems within and between the administrative sectors and with the private sector.
2. The actions provided for in Article 2 shall first be the subject, in the context of the annual work programme, of:
(a) a description of their objectives, scope, justification and the likely costs and benefits;
(b) a description of the functions and technical approach;
(c) a detailed implementation plan which describes in particular each task and the order in which the tasks are to be performed.
3. Implementation of the annual work programme will require technical and administrative assistance and support measures; appropriations allocated for this purpose will not exceed 7 % of total appropriations.
Indicative breakdown, by category of Edicom actions, in accordance with Article 2, for 2001 to 2005