{
  "url": "https://openlegislation.uk/eu-regulation-1998-2366/introduction",
  "json_url": "https://openlegislation.uk/eu-regulation-1998-2366/introduction.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": "introduction",
  "kind": "introduction",
  "number": null,
  "heading": "Introductory text",
  "text": "Commission Regulation (EC) No 2366/98\nof 30 October 1998\nlaying 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\nTHE COMMISSION OF THE EUROPEAN COMMUNITIES,\nHaving regard to the Treaty establishing the European Community,\nHaving 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, as last amended by Regulation (EC) No 1638/98, and in particular Article 5 thereof,\nHaving regard to Council Regulation (EC) No 1638/98 of 20 July 1998 amending Regulation No 136/66/EEC on the establishment of a common organisation of the market in oils and fats, and in particular Articles 2(4) and 4 thereof,\nHaving regard to Council Regulation (EEC) No 2261/84 of 17 July 1984 laying down general rules on the granting of aid for the production of olive oil and of aid to olive oil producer organisations, as last amended by Regulation (EC) No 1639/98, and in particular Article 19 thereof,\nWhereas Article 3 of Regulation (EEC) No 2261/84 provides for the lodging of a crop declaration; whereas certain concepts such as that of ‘olive tree in production’ should be precisely defined, and the content and schedule of producers' notifications should be laid down, to ensure up-to-date knowledge of the oil-producing sector and to improve such knowledge before the start of the 2001/02 production year, when it is planned to introduce a reform;\nWhereas to avoid seriously endangering market equilibrium, Article 4 of Regulation (EC) No 1638/98 provides that no aid under any scheme in force from 1 November 2001 may be paid in respect of olive trees planted after 1 May 1998 except in connection with the conversion of an old olive plantation or with a programme approved by the Commission; whereas the concept of ‘additional olive trees’ and ‘new plantings’ must therefore be defined, as must the relevant arrangements for declaration, identification and approval; whereas programmes for additional plantings should specify the number of dead or burnt olive trees that can be replaced without leading to an increase in overall production;\nWhereas pending in-depth examination of the methods at present used by the Member States, it is necessary to prolong application into the 1998/99 crop year of the provisions of Commission Regulation (EEC) No 3061/84 laying down detailed rules for the application of the system of production aid for olive oil, last amended by Regulation (EC) No 2455/97;\nWhereas for the purposes of approval, Article 13(1) of Regulation (EEC) No 2261/84 requires mill-owners to comply with certain conditions; whereas the conditions for approval introduced should be such as to ensure effective control arrangements; whereas mills should be equipped for automatic weighing of batches of olives entering the mill; whereas the information recorded should include particulars of the destination of oil leaving the mill;\nWhereas in accordance with Article 14 of Regulation (EEC) No 2261/84, each producer Member State must apply a system of checks to ensure that the product in respect of which aid is granted is eligible for such aid; whereas consequently aid applications must include the particulars required for such a system to be applied; whereas to that end, certain obligations should be laid upon olive-growers and upon producer organisations and associations thereof;\nWhereas olive-growers can have their olives pressed in a Member State other than the Member State of production; whereas with a view to the correct application of the aid scheme, provision should be made for administrative collaboration between the Member State where the oil is obtained and the Member State of origin of the olives;\nWhereas the factors to be taken into consideration to determine the quantity eligible for aid should be defined; whereas rules should be laid down for determining the quantity eligible for aid in cases where the quantity for which aid is requested and/or the number of trees indicated in the crop declaration cannot be checked or cannot be accepted when checks are carried out;\nWhereas pending in-depth examination of the scheme at present in force, it is necessary to prolong application of the provisions of Commission Regulation (EEC) No 3061/84 concerning recognition of producers' organisations and associations thereof, and the arrangements for financing them on the basis of aid withheld in accordance with Article 20d of Regulation No 136/66/EEC;\nWhereas Article 2 of Regulation (EC) No 1638/98 provides that, during the 1998/99 to 2000/01 marketing years, work on the olive cultivation register provided for in Commission Regulation (EEC) No 2276/79 of 16 October 1979 laying down detailed rules for the drawing-up of a register of olive cultivation in the Member States producing olive oil, last amended by Regulation (EEC) No 1279/89, should focus on the creation, updating and utilisation of a geographic information system (GIS); whereas consequently, with a view to ensuring compatibility with the databases of the integrated administration and control system provided for in Council Regulation (EEC) 3508/92 of 27 November 1992 establishing an integrated administration and control system for certain Community aid schemes, last amended by Regulation (EC) No 820/97 and in Regulation (EEC) No 3887/92 of 23 December 1992 laying down detailed rules for applying the integrated administration and control system for certain Community aid schemes, last amended by Commission Regulation (EC) No 1678/98, the information to be included in the oil cultivation GIS should be specified along with centralisation methods, arrangements, criteria and technical tolerances; whereas with a view to Community financing it is necessary to determine in what conditions the oil cultivation GIS of a Member State or region shall be deemed to have been completed;\nWhereas the oil cultivation GIS must enable information in crop declarations to be verified; whereas it is necessary to provide for a procedure for the examination of discrepancies between those declarations and the estimates of the oil cultivation GIS; whereas in cases where the discrepancy cannot be resolved, the consequences for the quantity of olive oil eligible for aid must be determined;\nWhereas, in case the GIS has not been completed, provision should be made for a minimum number of on-the-spot checks of crop declarations; whereas, for the 1998/99 marketing year, the oil cultivation GIS must be set up in all the Member States and whereas efforts should therefore concentrate on that task;\nWhereas arrangements must be laid down for on-the-spot controls, specifying in particular the number of declarations that should be checked on the spot in areas where the oil cultivation GIS has not been completed; whereas, to check consistency between information in applications for aid and information in the stock records of mills, in-depth controls of a representative proportion of mills should be organised, with penalties for consignees of oil who refuse to be inspected or are unable to prove that they have taken delivery of the oil;\nWhereas the measures provided for in this Regulation should be taken into account in the work schedule of control agencies provided for in Commission Regulation (EEC) No 27/85 of 4 January 1985 laying down detailed rules for the application of Regulation (EEC) No 2262/84 laying down special measures in respect of olive oil, last amended by Regulation (EEC) No in 3602/92;\nWhereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Oils and Fats,\nHAS ADOPTED THIS REGULATION:",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "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."
    },
    {
      "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": "footnote",
      "label": "f1",
      "text": "OJ 172, 30. 9. 1966, p. 3025/66."
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "OJ L 210, 28. 7. 1998, p. 32."
    },
    {
      "type": "footnote",
      "label": "f3",
      "text": "OJ L 208, 3. 8. 1984, p. 3."
    },
    {
      "type": "footnote",
      "label": "f4",
      "text": "OJ L 210, 28. 7. 1998, p. 38."
    },
    {
      "type": "footnote",
      "label": "f5",
      "text": "OJ L 288, 1. 11. 1984, p. 52."
    },
    {
      "type": "footnote",
      "label": "f6",
      "text": "OJ L 340, 11. 12. 1997, p. 26."
    },
    {
      "type": "footnote",
      "label": "f7",
      "text": "OJ L 262, 18. 10. 1979, p. 11."
    },
    {
      "type": "footnote",
      "label": "f8",
      "text": "OJ L 127, 11. 5. 1989, p. 24."
    },
    {
      "type": "footnote",
      "label": "f9",
      "text": "OJ L 355, 5. 12. 1992, p. 1."
    },
    {
      "type": "footnote",
      "label": "f10",
      "text": "OJ L 117, 7. 5. 1997, p. 1."
    },
    {
      "type": "footnote",
      "label": "f11",
      "text": "OJ L 391, 31. 12. 1992, p. 36."
    },
    {
      "type": "footnote",
      "label": "f12",
      "text": "OJ L 212, 30. 7. 1998, p. 23."
    },
    {
      "type": "footnote",
      "label": "f13",
      "text": "OJ L 4, 5. 1. 1985, p. 5."
    },
    {
      "type": "footnote",
      "label": "f14",
      "text": "OJ L 366, 15. 12. 1992, p. 31."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/eur/1998/2366/introduction",
    "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."
}