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THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community, and in particular the first paragraph of Article 88(2) thereof,
Having given the parties concerned notice to submit their comments pursuant to that Article(1), and having regard to those comments,
Whereas:
I. PROCEDURE
II. DETAILED DESCRIPTION OF THE AID
The first is the enormous difference in the allocation of the 0,8 % advance between the organisations and the associations of organisations, specifically under Commission Regulation (EC) No 647/2001(4) fixing, for the 2000/2001 marketing year, the amounts provided for in Article 21(1)(a) and (b) of Regulation (EC) No 2366/98 laying down rules for the application of the aid scheme for the 1998/99, 1999/2000 and 2000/2001 marketing years(5). That difference is EUR 2 per aid application in favour of the associations. Spain is the only country in the Community where the associations enjoy this advantage.
The second factor is the subsequent allocation of the balance of the 0,8 %, using a different criterion, to the number of applications transmitted by each organisation, creating differences between regions.
III. COMMENTS BY SPAIN
IV. COMMENTS BY THE INTERESTED PARTIES
a Within the meaning of Article 20d of Regulation No 136/1966/EEC. | |||
(EUR) | |||
Balance for 1999 | Balance for 2000 | Balance for 2001 | |
---|---|---|---|
Aid retained from total production aida | 15 090,58 | 59 606,87 | 0 |
Expenditure on the management and operation of the organisation | 136 819,32 | 193 868,87 | 172 423,29 |
Loans used | 58 977,47 | 63 733,58 | 115 765,8 |
it would improve supervision of the approaches required to secure aid. Although this is not production aid, it helps improve the situation of olive oil producers in a particularly disadvantaged region by allowing them to secure cooperation for an important aspect of their activities, namely the management of aid,
Opracolex will benefit from economic aid which will allow it to cover at least some of its operating costs. Without aid it could not continue, so depriving its members of the management of aid which it now offers them,
as regards Opracolex, this aid would have a lasting effect as regards its members’ situation since it would mean that Opracolex could continue to operate, so providing olive oil producers with support.
V. ASSESSMENT OF THE AID
consist of individual growers and/or organisations engaged in producing, processing or marketing olives and olive oil and consisting solely of olive growers;
be capable of verifying the olive and olive-oil production of their members;
where they do not belong to a recognized association be empowered to:
submit an application for production aid on behalf of all their member growers,
receive the aid and to share it out among their members;
where they belong to an association, be empowered to provide the association with a statement of the production of each member grower, for the purposes of the application for aid;
have a minimum number of members or represent a minimum percentage of growers or of oil production in the region in which they have been set up;
exercise no discrimination in any of their activities, between producers who are eligible to become members, in particular on grounds of nationality or location of establishment;
have statutes which include provisions to ensure that the members of a group who wish to withdraw from membership may do so […].’
VI. CONCLUSIONS
HAS ADOPTED THIS DECISION:
The scheme of State aid which Spain intends to grant to olive oil producer organisations under the draft regional decree notified does not constitute aid within the meaning of Article 87(1) of the Treaty.
Implementation of the aid is accordingly authorised.
This Decision is addressed to the Kingdom of Spain.
Done at Brussels, 7 May 2004.
For the Commission
Franz Fischler
Member of the Commission
See footnote 1.
OJ 172, 30.9.1966, p. 3025/66. Regulation last amended by the 2003 Act of Accession.
OJ L 293, 31.10.1998, p. 50. Regulation last amended by Regulation (EC) No 1780/2003 (OJ L 260, 11.10.2003, p. 6).
OJ L 208, 3.8.1984, p. 3. Regulation last amended by Regulation (EC) No 1639/98. (OJ L 210, 28.7.1998, p. 38).
[1995] ECR II-1675.
[1979] ECR 2161.
Map of State aids for regional purposes for 2000-06 (State aid No N 773/99, SG 2000 D/103727.cor).
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