25. 9. 85 Official Journal of the European Communities No L 254/5 COMMISSION REGULATION (EEC) No 2677/85 of 24 September 1985 laying down implementing rules in respect of the system of consumption aid for olive oil THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, Having regard to Council Regulation No 136/66/EEC of 22 September 1966 on the establishment of a common organization of the market in oils and fats ('), as last amended by Regulation (EEC) No 231/85 (3, and in particular Article 11 (8) thereof, Whereas the minimum packaging capacity and period of activity required for the approval of plants must be set at levels such as will ensure that such plants carry on packaging as their main activity and on a continous basis ; whereas, however, a lower overall quantity of olive oil to be packaged may be permitted during the early months of operation in Member States where olive oil is not produced and consumption is tradition- ally low; Whereas the stock records kept by approved plants must include all the particulars necessary to enable checks to be made as to entitlement to consumption aid ; whereas, in order to ensure effective checks, non- approved plants which put up imported oil in small containers should also be required to keep stock records ; Whereas, for the purposes of carrying out checks, it may in certain cases also prove necessary to inspect the accounts of plant concerned and, where appro- priate, to carry out other checks on undertakings upstream or downstream of the plant; whereas provi- sion should also be made for extending checks to accounts relating to the packaging of seed oil; Whereas to ensure that the system of aid operates correctly, the aid must be reserved for oil put up in the small containers for which there is traditionally a ~ demend from consumers; Whereas, in the interests of sound administration, the refilling of immediate containers should be prohi- bited ; () OJ No 172, 30. 9. 1966, p. 3025/66. () OJ No L 26, 31. 1. 1985, p. 12. Whereas Article 11 of Regulation No 136/66/EEC provides that the aid is to be granted for oil produced and marketed in the Community; whereas, in the interests of sound administration, the concept of marketing in the Community should be defined; Whereas applications for aid should include a minimum of particulars necessary for checking entitle- ment to aid; Whereas the minimum quantity applied for in each case should be set at a level permitting rational administration of the aid system ; whereas, to the same end, special provisions should be laid down in respect of oil leaving establishments at the end of the marketing year; Whereas, in order to ensure uniform application of the aid system, the procedures for paying the aid should be defined ; : Whereas, in order to ensure that the system operates correctly, advance payment of the aid should be subject to the lodging of a security, to be released on - recognition of entitlement to the aid; Whereas there is some risk that substantial quantities of olive oil put up in small containers may be imported into the Community or may be the subject of intra-Community trade, which may give rise to fraud ; whereas, in order to deal with this situation, this trade should be made subject to suitable measures to verify use ; whereas, for the same reason, it should be prohibited to decant oils put up in small containers, and penalties for failure to comply with this require- ment should be laid down; whereas the penalty should also be imposed if the use of the oil cannot be proved ; | Whereas Article 9 of Council Regulation (EEC) No 3089/78 (), as amended by Regulation (EEC) No 2762/80 (%), provides that all placing into free circula- tion of imported olive oil shall be subject to the lodging of a security which shall be released as soon as the oil has been rendered ineligible for aid ; whereas () OJ No L 369, 29. 12. 1978, p. 12. () OJ No L 287, 30. 10. 1980, p. 2.