HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"L 313/6
EN
Official Journal of the European Union
26.11.2011
II
(Non-legislative acts)
REGULATIONS
COMMISSION IMPLEMENTING REGULATION (EU) No 1220/2011
of 25 November 2011
amending Regulation (EC) No 867/2008 laying down detailed rules for the application of Council
Regulation (EC) No 1234/2007 as regards operators’ organisations in the olive sector, their work
programmes and the financing thereof
THE EUROPEAN COMMISSION,
measures planned under the work programmes of the
operators’ organisations, whereas in the field of
improving the production quality of olive oil and table
Having regard to the Treaty on the Functioning of the European
olives, for reasons of effectiveness, provision should be
Union,
made for new types of technical assistance.
Having regard to Council Regulation (EC) No 1234/2007 of
(4) To
improve
consistency
in
the
activities
which
are
22 October 2007 establishing a common organisation of agri
eligible for Union funding, it is desirable, with regard
cultural markets and on specific provisions for certain agri
to controlling olive fly, to restrict financing to those
cultural products (Single CMO Regulation) ( 1 ), and in particular
measures provided for in point (b)(iii) of Article 5(1) of
the third subparagraph of Article 103(2) in conjunction with
Regulation (EC) No 867/2008.
Article 4 thereof,
Whereas:
(5)
In consideration of the experience gained, it is necessary

to increase the minimum percentage of Union funding
allocated to reducing the environmental impact of olive
cultivation in order to reflect the important devel
(1) In
the
light
of
experience
gained
from
implementing
the
opments in this area. Similarly, in order to make the
work programmes of operators’ organisations in the olive
best possible use of the resources allocated to work
sector, certain amendments should be made to
programmes, there should be a reduction in the general
Commission Regulation (EC) No 867/2008 ( 2 ).
expenses element of expenditure on implementation.
(2) In
order
to
ensure
better
implementation
of
Article
103 (6) Administrative
procedures
should
be
simplified
where
of Regulation (EC) No 1234/2007 and to ensure that the
amendments to a programme involve substituting one
financial interests of the Union are protected where
measure with another and where the planned budget
producer organisations are beneficiaries of rural devel
for each measure is less than EUR 10 000 but where
opment measures under Council Regulation (EC) No
the initial objective of the programme remains
1698/2005 of 20 September 2005 on support for
unchanged.
rural development by the European Agricultural Fund
for Rural Development (EAFRD) ( 3 ), provision should be
made for the approval of operators’ organisations in the
olive sector to be immediately refused, suspended or
(7) To
facilitate
the
implementation
of
programmes,
the
withdrawn if the latter have been penalised under those
conditions for the release of securities linked to
Regulations.
advances should be made more flexible provided that
the eligible expenditure has been implemented and
verified.
(3) With
regard
to
market
monitoring
and
administrative
management, it is useful to focus on subjects linked to
(8)
A new deadline should be set for the Member States
( 1 ) OJ L 299, 16.11.2007, p. 1.
( 2 ) OJ L 237, 4.9.2008, p. 5.
concerned to notify the Commission of national
( 3 ) OJ L 277, 21.10.2005, p. 1.
measures taken to implement this Regulation.

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EN
26.11.2011 Official
Journal
of
the
European
Union
L
313/7
(9) Regulation
(EC)
No
867/2008
should
be
amended
(iii) point (iv) shall be replaced by the following:
accordingly.
‘(iv) technical assistance for production, for the
(10) The
measures
provided
for
in
this
Regulation
are
in
olive processing industry, for producers of
accordance with the opinion of the Management
table olives, for mills and for packaging,
Committee for the Common Organisation of Agricultural
relating to aspects linked to product quality;’;
Markets,
(iv) point (vi) shall be replaced by the following:
HAS ADOPTED THIS REGULATION:
‘(vi) training tasters to carry out organoleptic
Article 1
checks on virgin olive oils and on table olives.’;
Regulation (EC) No 867/2008 is amended as follows:
(3) in Article 6, the first paragraph is replaced by the following:
(1) in Article 3(5) the following subparagraph (c) is added:
‘In each Member State a minimum of 30 % of the Union
funding available under Article 103 of Regulation (EC) No
‘(c) has been penalised for infringing the scheme to fund
1234/2007 shall be allocated to the area of activity referred
the activities of operators’ organisations provided for in
to in point (b) of the first subparagraph of Article 5(1) of
Article 103 of Regulation (EC) No 1234/2007 or for an
this Regulation, and a minimum of 12 % of that Union
infringement of the application of a rural development
funding shall be allocated to the area referred to in point
measure provided for in Council Regulation (EC) No
(d) of the first subparagraph of Article 5(1).’;
1698/2005 (*).
___________
(4) in Article 7(1), the following point (g) is added:
(*) OJ L 277, 21.10.2005, p. 1.’;
‘(g) measures and activities relating to controlling olive fly
with the exception of measures provided for in point
(2) Article 5(1) is amended as follows:
(b)(iii) of Article 5(1).’;
(a) point (a)(ii) is replaced by the following:
(5) point (d) of the second subparagraph of Article 8(2) is
replaced by the following:
‘(ii) drawing up studies on subjects linked to the other
measures provided for in the work programme of
‘(d) the planned expenditure, broken down by measure and
the operators’ organisation concerned;’;
by area of measure as referred to in Article 5(1), with
details for each 12-month period from the date of
approval of the work programme, distinguishing the
(b) point (c) shall be amended as follows:
overheads, which must not exceed 5 % of the total,
and the other main types of costs;’;
(i) point (i) is replaced by the following:
(6) in Article 10, the following paragraph 6 is added:
‘(i) improving conditions for growing, harvesting,
‘6. By way of derogation from paragraphs 2 and 4,
delivering and storing olives prior to processing,
where amendments to a work programme involve substi
in accordance with the technical specifications
tuting one measure with another measure in the same area,
laid down by the competent national authority;’;
and where the planned budget for each measure is less than
EUR 10 000, the operators’ organisation must notify the
competent authority two months before the new measure
(ii) point (iii) shall be replaced by the following:
is implemented. If the competent authority does not object
within one month of notification, the amendment shall be
deemed to have been accepted. The notification shall be
‘(iii) improving conditions for storage and use of
accompanied by supporting documentation specifying the
the residues of olive oil and table olive
aim, nature and implications of the proposed amendment
production and improving olive oil bottling
and shall demonstrate that the amendment concerned does
conditions;’;
not alter the initial objective of the programme in question.’;

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L 313/8
EN
Official Journal of the European Union
26.11.2011
(7) Article 11(5) is replaced by the following text:
(8) in Article 18(1), the introductory sentence shall be replaced
by the following:
‘5. By
a
date
to
be
determined
by
the
Member
State
but
no later than the end of each year of implementation of the
‘1. No
later
than
31
January
following
each
period
of
work programme, the operators’ organisations concerned
three years beginning on 1 April in accordance with
may lodge an application for release of the security
Article 8, the Member States producing olive oil shall
referred to in paragraph 4 up to an amount equal to all
notify the Commission of the national measures imple
the expenditure under the initial instalment actually carried
menting this Regulation, and in particular those relating to:’.
out and verified by the Member State. The Member State
shall lay down which supporting documents shall
Article 2
accompany this application and check them and shall
release the securities corresponding to the expenditure
This Regulation shall enter into force on the seventh day
concerned no later than in the course of the second
following its publication in the Official Journal of the European
month following that in which the application is lodged.’;
Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 25 November 2011.
For the Commission
The President
José Manuel BARROSO

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