Article 15

In cases as provided for in Article 15(2) and (3) of Regulation (EEC) No 2261/84 where the quantity covered by aid applications is not confirmed by the approved mill, the quantity of oil from that mill on which each olive grower concerned is eligible for aid shall be determined by the Member State in accordance with Article 15(4) of that Regulation.

F1However, without prejudice to any claims which the olive growers concerned might make against the mill, that quantity may not exceed either the quantity covered by each aid application submitted or the quantity obtained by multiplying:

• the number of olive trees of the olive grower concerned by

• the average yield for the homogeneous zone in which they are located and by

• a coefficient representing the ratio between the production fixed for the Member State under Article 17a(2) of Regulation (EEC) No 2261/84 and the production obtained for that Member State by estimating the yields and the number of olive trees.

The number of olive trees shall be determined in proportion to the quantity of oil concerned in the case where aid is requested for oil obtained from more than one mill.

Where the number of trees shown in the crop declaration is greater than that actually found, the quantity on which aid is payable and, where applicable, any other penalties shall be determined on the basis of the percentage by which the number of trees declared exceeds the actual number in accordance with Article 28(4):

• where that percentage in excess is 55 % or less, the aid shall be granted on the quantity referred to in the first subparagraph of Article l4(1), less a corrective amount; the corrective amount shall be equal to the quantity in question multiplied by the percentage and by a coefficient given by the following scale:

  Percentage in excess	Coefficient
  greater than 0 but not greater than 5	0
  greater than 5 but not greater than 15	0,005
  greater than 15 but not greater than 25	0,0075
  greater than 25 but not greater than 35	0,01
  greater than 35 but not greater than 45	0,0125
  greater than 45 but not greater than 55	0,015

• where the percentage in excess is greater than 55 % but not greater than 75 %, the olive grower and the parcels concerned shall not be eligible under the aid scheme for the marketing year in question,

• where the percentage in excess is greater than 75 %, the olive grower and the parcels concerned shall not be eligible under the aid scheme for the marketing year in question or the following marketing year.