OpenLegislation

Article 28

United Kingdom

Original text. Later amendments are not shown.

1.

From the 1998/99 marketing year,

(a)

checks of crop declarations shall comprise at least:

  • comparisons with the data in the graphical reference database and, where applicable, adjustments in accordance with Article 25,

  • cross-checks to show that parcels declared actually exist and to prevent any duplication of aid granted under this scheme or other aid schemes involving declarations of areas;

(b)

checks of aid applications shall comprise the verifications referred to in the second and third indents of Article 14(3a) of Regulation (EEC) No 2261/84.

Checks to ensure that the crop declarations and aid applications tally shall in particular take account of:

  • the olive and oil yields fixed in accordance with Article 18 of that Regulation for the zone in which the holding or holdings of origin of the olives pressed are located;

  • the average olive and oil yields in municipalities where the holding or holdings of origin of the olives pressed are located, if such yields are available in the Member States.

In cases where the checks made under the first subparagraph reveal inconsistencies, the procedure laid down in Article 25(2) and (3) for the number of olive trees shall apply mutatis mutandis to the other anomalous or missing information. However, the quantity of oil for which aid has been requested may not be changed.

2.

Notwithstanding the first subparagraph of paragraph 1, in regions where the olive cultivation GIS has not yet been completed, on-the-spot inspections shall be conducted on 1 % of all crop declarations in the 1998/99 marketing year, 5 % in 1999/2000 and 10 % in 2000/01 F1to 2002/03.

At least two thirds of the declarations referred to in the first subparagraph shall be declarations that have not been checked on the spot during the previous two marketing years.

3.

During the on-the-spot checks, all the information in crop declarations and aid applications shall be verified, and in particular:

  • the location of each parcel and the number of olive trees therein,

  • the destination of the oil in the case referred to in Article 10(1),

  • consistency between the olive trees on holdings and the quantity of oil covered by aid applications.

Aid applications specifying an inconsistent quantity of oil shall be rejected.

4.

For each marketing year from 1998/99, a percentage shall be established, where applicable, for the number of trees declared over and above the number of trees determined in accordance with Article 25(4) or found during the checks referred to in paragraphs 1 and 2.

That percentage in relation to the number of trees determined shall be equal to the difference between the number of trees declared and the number determined, where that difference is greater than zero, multiplied by 100.

Annotations

Textual amendments

F1

Inserted by Commission Regulation (EC) No 2070/2001 of 23 October 2001 amending Regulation (EC) No 2366/98 laying down detailed rules for the application of the system of production aid for olive oil for the 1998/1999, 1999/2000 and 2000/01 marketing years.

Notes on the whole EU Regulation

Textual amendments

F1

Substituted by Commission Regulation (EC) No 2070/2001 of 23 October 2001 amending Regulation (EC) No 2366/98 laying down detailed rules for the application of the system of production aid for olive oil for the 1998/1999, 1999/2000 and 2000/01 marketing years.

F2

Substituted by Commission Regulation (EC) No 1432/2004 of 10 August 2004 amending Regulations (EC) No 2366/98 laying down detailed rules for the application of the system of production aid for olive oil for the 1998/99 to 2003/04 marketing years and (EC) No 2768/98 on the aid scheme for the private storage of olive oil.