24.10.2001 Official Journal of the European Communities L 2803 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 THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Regulation No 136/66/EEC of 22 September 1966 on the establishment of a common organ- isation of the market in oils and fats (), as last amended by Regulation (EC) No 1513/2001 (3, and in particular Article 5 thereof, Having regard to Council Regulation (EC) No 1638/98 of 20 July 1998 amending Regulation No 136/66/EEC on the estab- lishment of a common organisation of the market in oils and fats (%), as amended by Regulation (EC) No 1513/2001, and in particular Article 2 thereof, Having 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 1638/ 98, and in particular Article 19 thereof, Whereas: (1) Regulation (EC) No 1513/2001 amending Regulations No 136/66/EEC and (EC) No 1638/98 as regards the extension of the period of validity of the aid scheme and the quality strategy for olive oil extended application of the rules currently in force in the oils and fats sector to the end of the 2003/04 marketing year. As a result Commission Regulation (EC) No 2366/98 (°), as last amended by Regulation (EC) No 648/2001 (%), should be amended. (2)  Article 15 of Regulation (EEC) No 2261/84 stipulates that where the checks on an approved mill do not confirm the figures in the stock records of that mill the Member State must determine the quantity of oil for which aid is to be given for each producer taking into account the olive yields and oil yields fixed in accord- ance with the standard method laid down in Article 18 thereof. In order that the eligible quantity reflects as closely as possible the actual production of the produ- cers concerned, the Member State must also take account of other objective factors at the time of fixing that quantity. The number of olive trees in question, the yield fixed for the homogeneous zone concerned and a coefficient taking account of the difference, at national level, between the production resulting from the esti- 172, 30.9.1966, p. 3025/66. L 201, 26.7.2001, p. 4. L 210, 28.7.1998, p. 32. 208, 3.8.1984, p. 3. 293, 31.10.1998, p. 50. 91, 31.3.2001, p. 45. | ol onill ol mate of yields and the effective production fixed by the Commission in accordance with Article 17a(2) of Regu- lation (EEC) No 2261/84 constitute such criteria and must therefore be incorporated into the calculation of the eligible quantity. (3)  The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Qils and Fats, HAS ADOPTED THIS REGULATION: Article 1 Regulation (EC) No 2366/98 is amended as follows: 1. In the title, the words ‘1998/1999, 1999/2000 and 2000/ 01 marketing years’ are replaced by ‘1998/1999, 1999/ 2000, 200001, 2001/02, 2002/03 and 2003/04 marketing years'. 2. In the second subparagraph of Article 14(1), the words 1998/1999, 1999/2000 and 2000/01 marketing years’ are replaced by ‘1998/1999, 1999/2000, 2000/01, 2001/02, 2002/03 and 2003/04 marketing years’. 3. The second subparagraph of Article 15(1) is replaced by the following: ‘However, without prejudice to any claims which the olive growers concerned might make against the mill, that quantity may not exceed either the quantity covered by each aid application submitted or the quantity obtained by multi- plying: — the number of olive trees of the olive grower concerned by — the average yield for the homogeneous zone in which they are located and by — a coefficient representing the ratio between the produc- tion fixed for the Member State under Article 17a(2) of Regulation (EEC) No 2261/84 and the production obtained for that Member State by estimating the yields and the number of olive trees. The number of olive trees shall be determined in proportion to the quantity of oil concerned in the case where aid is requested for oil obtained from more than one mill’ 4. In Article 26(2), the words 1998/1999, 1999/2000 and 2000/01 marketing years’ are replaced by ‘1998/1999, 1999/2000, 200001, 2001/02 and 2002/03 marketing years'.