{
  "url": "https://openlegislation.uk/eu-regulation-1998-2366/article-5",
  "json_url": "https://openlegislation.uk/eu-regulation-1998-2366/article-5.json",
  "legislation": "eur/1998/2366",
  "legislation_title": "Commission Regulation (EC) No 2366/98 of 30 October 1998 laying down detailed rules for the application of the system of production aid for olive oil for the 1998/1999, 1999/2000, 2000/01, 2001/02, 2002/03 and 2004/05 marketing years",
  "legislation_url": "https://openlegislation.uk/eu-regulation-1998-2366",
  "path": "article/5",
  "kind": "article",
  "number": "5",
  "heading": null,
  "text": "1. New planting from 1 November 1995 to 31 October 1998 shall be covered by a declaration before 1 April 1999 including the information referred to in Article 2 or, where applicable, references to an earlier declaration containing the same information. The declaration of new planting shall be accompanied by documents proving to the satisfaction of the Member State either that:\nall or some of the trees were planted prior to 1 May 1998; or that:\nplanting was carried out after 1 May 1998 and before 1 November 1998, and was accompanied by grubbing in that period of a number (to be specified) of olive trees in production.\nHowever, in the case of Cyprus, Malta and Slovenia, the declaration referred to in the first subparagraph shall be lodged before 1 December 2004 and shall cover new planting from 1 November 1999 to 31 October 2004 for Cyprus and Malta and from 1 November 1995 to 31 October 2004 for Slovenia. The declaration shall be accompanied by documents proving to the satisfaction of the Member State that:\neither the planting or part thereof was carried out before 31 December 2001 in the case of Cyprus and Malta or before 1 May 1998 in the case of Slovenia,\nor the planting accompanied by grubbing as referred to in the second indent of the first subparagraph was carried out after 31 December 2001 and before 1 November 2004 in the case of Cyprus and Malta, or after 1 May 1998 and before 1 November 2004 in the case of Slovenia.\nProof may take the form of sales invoices from nurseries, delivery documents for young plants or any other documents recognised by the Member State.\n2. From 1 November 1998 , the olive growers concerned shall lodge prior declarations of intention to plant, indicating the number and location of the olive trees in question and, where applicable, the number and location of olive trees to be grubbed, or which have been grubbed and not replaced after 1 May 1998 , except in the case of Cyprus and Malta, for which the date shall be 31 December 2001 .\nNo later than the end of the second month following that in which the declarations as referred to in the first subparagraph are lodged, the Member States shall inform the growers concerned whether:\nthe planned planting involves the replacing of grubbed trees and cannot therefore be deemed to involve additional olive trees within the meaning of Article 4(2),\nthe planned planting involves additional olive trees covered by a programme approved under Article 4 of Regulation (EC) No 1638/98 and therefore qualifies for aid after 31 October 2001 ,\nthe planned planting involves additional olive trees not constituting a basis for the payment of aid after 31 October 2001.\n3. In the context of crop declarations as referred to in Article 2, any olive trees planted must be specified, along with:\n(a) a reference to the prior declaration referred to in paragraph 2, and\n(b) as, appropriate:\nan indication of the number of olive trees in production that have been grubbed and which the new trees replace, or\na reference to the programme approved by the Commission under which the planting in question is being carried out.\n4 . Member States shall communicate to the Commission the measures taken to monitor the application of paragraphs 2 and 3 and to penalise offenders before 31 October of the marketing year concerned, except in the case of Cyprus, Malta and Slovenia, for which the date shall be 30 June 2005 .\n5. Before 31 October of the marketing year concerned, the Member States shall communicate to the Commission the number of olive trees regarding which, in accordance with paragraph 2:\na declaration of intention to plant was lodged,\nthe Member State considers that they are replacement plantings of grubbed trees,\nthe Member State considers that they are plantings under an approved programme, in accordance with Article 4,\nthe Member State considers that they are additional plantings not eligible for aid after 31 October 2001 .\nHowever, for the 2000/2001 and 2001/2002 marketing years, the information referred to in the first subparagraph shall be notified to the Commission before 28 February 2003 .",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Inserted 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."
    },
    {
      "type": "F",
      "label": "F2",
      "text": "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."
    },
    {
      "type": "F",
      "label": "F3",
      "text": "Substituted by Commission Regulation (EC) No 1273/1999 of 17 June 1999 amending Regulation (EC) No 2366/98 laying down detailed rules for the application of the system of production aid for olive oil for the 1998/99, 1999/2000 and 2000/01 marketing years."
    },
    {
      "type": "F",
      "label": "F4",
      "text": "Substituted by Commission Regulation (EC) No 2383/2002 of 30 December 2002 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 to 2003/2004 marketing years."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/eur/1998/2366/article/5",
    "retrieved_at": "2026-11-01T14:58:07.119017+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}