5.12. 90 - Official Journal of the European Communities No L 338/1 I (Acts whose publication is obligatory) | COUNCIL REGULATION (EEC) No 3499/90 of 27 November 1990 amending Regulation No 136/66/EEC on the establishment of a common organization of the market in oils and fats THE COUNCIL OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, and in particular Articles 42 and 43 thereof, Having regard to the proposal from the Commission ('), Having regard to the opinion of the European Parli- ament (%), Having regard to the opinion of the Economic and Social Committee (%), Whereas a system of maximum guaranteed quantities was introduced by Article 5 (1) of Regulation (EEC) No 136/ 66/EEC (%), as last amended by Regulation (EEC) No 2902/89 (%) for production aid ; whereas under this system the unit amount of the aid is reduced when the maximum quantity fixed for a given marketing year is exceeded ; whereas, in order to ensure better market equi- librium and to curb expenditure on the disposal of olive oil, this system should be extended to cover the interven- tion price; whereas, however, the intervention price should be reduced only from the following marketing year ; whereas a limit to this price reduction should be fixed ; Whereas the quantity of olive oil that producers may not attain in order to benefit from special advantages to compensate for their-small size should be revised; whereas a flat-rate amount of additional production aid should be granted to these producers to soften the impact () OJ No C 277, 5. 11. 1990, p. 1. (3) Opinion delivered on 23 November 1990 (not yet published in the Official Journal). (}) Opinion delivered on 19 September 1990 (not yet published in the Official Journal). () OJ No 172, 30. 9. 1966, p. 3025/66. () OJ No L 280, 29. 8. 1989, p. 2. of the decline in the market price which may result if the maximum guaranteed quantity is exceeded ; Whereas in the interests of sound management and in order to simplify the system of granting production aid, a distinction should be made between two categories of olive growers depending on whether or not production attains a given quantity of olive oil; whereas the unit amount of the aid should be fixed according to a flat rate for producers who do not attain this quantity, HAS ADOPTED THIS REGULATION : Article 1 Regulation No follows : 136/66/EEC is hereby amended as 1. the following paragraph is added to Article 4: ‘4a. If for a marketing year: — the estimated olive oil production exceeds the maximum guaranteed quantity fixed for that year, possibly increased in accordance with Article 5 (1) fifth subparagraph (a), the intervention price for the following year shall be reduced by applying the coefficient referred to in Article 5 (1) fifth subpara- graph (b). However such reduction may not exceed 3 %, : — the actual olive oil production is less or greater than the estimated production, the intervention price of the second marketing year following that to which such productions refer shall be correspon- dingly increased or reduced, without prejudice to ‘the 3 % buffer per marketing year. The reduction and increase in the intervention price referred to in the first subparagraph shall be made by the Commission each year before the start of the marketing year in question.’;