20. 3. 93 Official Journal of the European Communities No L 69/19 COMMISSION REGULATION (EEC) No 643/93 of 19 March 1993 amending Regulation (EEC) No 2677/85 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 estabishment of a common organization of the market in oils and fats(!), as last amended by Regulation (EEC) No 2046/92(3), and in particular Article 11 (8) thereof, Whereas, in the light of experience, the conditions for the approval of packaging plants receiving consumption aid for olive oil should be defined more clearly; Whereas, in order to make verification of the quantities in respect of which aid is granted more effective, it should be laid down that an on-site check must be made of the packaging undertakings concerned before entitlement to aid can be recognized and provision shall be made for penalties for operators refusing to cooperate with the cross-checks or not providing the necessary documenta- tion ; Whereas, to ensure sound management of the aid scheme, the conditions for the granting of aid and the payment of advances should be defined more clearly ; whereas, for the same reason, the rules governing the security to be lodged for the payment of an advance should be amended; Whereas, to ensure the smooth operation of the aid scheme, experience shows that penalties should be adjusted in accordance with the seriousness of the offence ; whereas, to the same end, the system of penalties should be extended ; Whereas, to ensure sound management, the method for determining the quantity of certain denaturing products to be mixed with the by-products of the olive oil refining process should be laid down ; whereas, to that end, the method for determining the aliphatic alcohols content set out in Commission Regulation (EEC) No 2568/91 (3), as last amended by Regulation (EEC) No 3288/92 (¥, should be used; Whereas the amendments provided for in the rules concerning checks on undertakings will, in certain Member States, involve changes in administrative prac- () OJ No 172, 30. 9. 1966, p. 3025/66. () OJ No L 215, 30. 7. 1992, p. 1. () OJ No L 248, 5. 9. 1991, p. 1 () OJ No L 22, 30. 1. 1993, p. 5. tices; whereas, therefore, the introduction of those amendments should be delayed until the beginning of the 1993/94 marketing year; Whereas Commission Regulation (EEC) No 2677/85 (%), as last amended by Regulation (EEC) No 2181/92 (5, should be amended ; Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Oils and Fats, HAS ADOPTED THIS REGULATION : Article 1 Regulation (EEC) No 2677/85 is hereby amended as follows : - 1. the final sentence of the final paragraph of Article 2 is replaced by the following : ‘In those Member States which have set up the inspec- tion agency referred to in Regulation (EEC) No 2262/84, that agency shall participate in the checks in question. Where the opinion of the agency is unfavourable, the competent authority shall grant approval only after informing the Commission of the reasons for its decision.’; 2. in the second subparagraph of Article 5 (1), ‘at least once per marketing year’ is replaced by ‘at least once every 12 months’; 3. Article 9 (3) is replaced by the following: ‘3. The Member State shall pay the aid within 150 days of submission of the application for the quantities for which entitlement to aid has been recognized follo- wing on-the-spot checks. This period may be extended, however, if further enquiries become necessary as a result of those checks. The Member State shall determine the new deadline and inform the Commission. The body responsible for checking entitlement to aid shall notify the paying agency of its findings as regards recognition of entitlement to aid in respect of each () OJ No L 254, 25. 9. 1985, p. . (9 OJ No L 217, 31. 7. 1992, p. 84.