ext/celex/31978R1419
28 . 6 . 78 No L 171 /8 Official Journal of the European Communities
COMMISSION REGULATION (EEC) No 1419/78
of 20 June 1978
amending Regulation No 136/66/EEC on the establishment of a common organi zation of the market in oils and fats
THE COUNCIL OF THE EUROPEAN which takes account of the subsidy received by the COMMUNITIES, olive producers ;
Having regard to the Treaty establishing the European Whereas it is therefore necessary to amend Article 10 Economic Community, and in particular Article 43 of Regulation No 136/66/EEC with effect from 1 thereof, November 1973 so as to avoid a situation whereby oil producers receive directly, in addition to the advan Having regard to the proposal from the Commission, tage referred to above, the subsidy in respect of the Having regard to the opinion of the European Par same production ; liament ( !), Whereas, however, in France, in particular when the Whereas Article 10 ( 1 ) of Council Regulation No 136/ olives are purchased by the miller and the olive 66/EEC of 22 September 1966 on the establishment residue by industry, it is to the oil producer that the of a common organization of the market in oils and subsidy has been paid or promised ; whereas the price fats (2), as last amended by Regulation (EEC) No provided for in contracts assumes that the subsidy is 2560/77 (3), provides that where the production target paid to the oil producer ; whereas provision should price is higher than the market target price ruling at consequently be made for appropriate transitional the beginning of the marketing year, a subsidy equal measures , to the difference between these two prices shall be granted to producers of olive oil extracted within the Community from olives harvested within the Commu nity ; HAS ADOPTED THIS REGULATION : Whereas in its judgment in Case 36/77 the Court of Justice of the European Communities held that the expression 'producers of olive oil' within the meaning Article 1 of Article 10 of Regulation No 136/66/EEC is to be interpreted as referring to the producers of the Article 10 ( 1 ) of Regulation No 136/66/EEC shall be processed product constituted by the olive oil and replaced by the following with effect from 1 that, consequently, it is to these latter that the subsidy November 1973 : must be granted ; ' 1 . Where the production target price is higher Whereas Council Regulation (EEC) No 3209/73 of 27 than the market target price ruling at the begin November 1973 on the subsidy for olive oil (4), as last ning of the marketing year, a subsidy equal to the amended by Regulation (EEC) No 2363/77 (5), difference between these two prices shall be provides that, with effect from 1 November 1973, the granted to the producers of olives harvested in the application for the subsidy may be presented by Community in respect of the quantity of oil producers of olives who have submitted a declaration extracted therefrom .' of cultivation ;
Whereas it is pursuant to that Regulation that the Article 2 subsidy has been granted to olive producers since 1 November 1973 ; whereas in view of the interpreta tion given by the Court in the abovementioned judg By way of derogation from Article 1 , the subsidy provided for in Article 10 of Regulation No 136/ ment, it is however to be expected that the subsidy will be claimed by oil producers who are not them 66/EEC shall be granted to producers of oil in respect of oil extracted from olives harvested before 1 selves the producers of the olives ; whereas such appli cations would not be justified economically, since the November 1978, where this is provided for by the oil producers already benefit indirectly from the legislation of the Member State concerned. subsidy through having purchased the olives at a price
Article 3 (') Opinion delivered on 14 June 1978 (not yet published in the Official Journal). (2) OJ No 172, 30 . 9. 1966, p. 3025/66. This Regulation shall enter into force on the day of its (3) OJ No L 303, 28 . 11 . 1977, p. 1 . (4) OJ No L 327, 28 . 11 . 1973, p. 15. publication in the Official Journal of the European (5) OJ No L 277, 29. 10. 1977, p. 4. Communities.
Official Journal of the European Communities 28 . 6 . 78 No L 171 /9
This Regulation shall be binding in its entirety and directly applicable in all Member States .
Done at Luxembourg, 20 June 1978 .
For the Council
The President
P. DALSAGER