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Corrigendum to Council Regulation (EC) No 865/2004 of 29 April 2004 on the common organisation of the market in olive oil and table olives and amending Regulation (EEC) No 827/68

(Official Journal of the European Union L 161 of 30 April 2004)

Regulation (EC) No 865/2004 should read as follows:

COUNCIL REGULATION (EC) No 865/2004

of 29 April 2004                     

on the common organisation of the market in olive oil and table olives and amending Regulation (EEC) No 827/68

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 36 and the third subparagraph of Article 37(2),

Having regard to the proposal of the Commission,

Having regard to the opinion of the European Parliament (1),

Having regard to the opinion of the European Economic and Social Committee (2),

After consulting the Committee of the Regions,

Whereas:

HAS ADOPTED THIS REGULATION:

CHAPTER I

INTRODUCTORY PROVISIONS AND QUALITY REQUIREMENTS

Article 1

The common organisation of the market in olive oil and table olives shall cover the following products:

Article 2

The marketing year for the products listed in Article 1 shall begin on 1 July and end on 30 June of the following year. However, the 2005/06 marketing year shall begin on 1 November 2005.

Article 3

This Regulation shall apply without prejudice to the measures provided for by Regulation (EC) No 1782/2003.

Article 4

1.   The use of the descriptions and definitions of olive oils and olive-pomace oils set out in Annex I shall be compulsory as regards the marketing of the products concerned within each Member State, in intra-Community trade and, as long as compatible with international compulsory rules, trade with third countries.

2.   Only oils referred to in points 1(a) and (b), 3 and 6 of Annex I may be marketed at the retail stage.

CHAPTER II

INTERNAL MARKET

SECTION 1

Marketing standards

Article 5

1.   Marketing standards covering in particular quality grading, packaging and presentation may be laid down in respect of the products referred in Article 1(a) taking into account technical production and marketing requirements and changes in the methods used for determining the physical, chemical and organoleptic characteristics of these products.

Where such standards are laid down, the products to which they apply may be marketed in the Community only in accordance with those standards.

2.   Member States shall, in the case of products which are the subject of marketing standards, check whether those products conform to the said standards and shall apply penalties as appropriate. They shall notify the Commission of the arrangements they have taken for the purpose of applying this paragraph.

3.   The marketing standards, as well as detailed rules for the application of this Article and, where applicable, the methods of analysis to be used, shall be adopted in accordance with the procedure referred to in Article 18(2).

SECTION 2

Disturbance of the market

Article 6

1.   In order to regularise the market in the event of serious disturbance thereof in certain regions of the Community, it may be decided in accordance with the procedure referred to in Article 18(2) to authorise bodies offering sufficient guarantees, and approved by the Member States, to conclude contracts for the storage of olive oil that they market.

The measures referred to in the first subparagraph may be implemented inter alia when the average price recorded on the market during a representative period is less than:

2.   An aid for the performance of the contracts referred to in paragraph 1 may be granted by means of tenders.

3.   The amount of the aid referred to in paragraph 2 and the detailed rules for implementing this Article, in particular the quantities, qualities and duration of storage of the oils concerned shall be established in accordance with the procedure referred to in Article 18(2) in such a way as to ensure a significant impact on the market.

SECTION 3

Operators' organisations

Article 7

1.   For the purposes of this Regulation, operators' organisations shall comprise approved producers' organisations, approved interbranch organisations or approved organisations of other operators in the olive oil sector or their associations.

2.   For the purposes of this Section, “approved interbranch organisations” shall mean legal entities which:

Article 8

1.   The amounts withheld by Member States in accordance with Article 110i(4) of Regulation (EC) No 1782/2003 shall ensure the Community financing of three-year work programmes to be drawn up by operators' organisations in one or more of the following areas:

2.   The maximum Community funding for the work programmes referred to in paragraph 1 shall be equal to the part of the aids withheld by the Member States. This funding shall concern the eligible cost with a maximum of:

Complementary financing shall be ensured by the Member State up to 50 % of the costs not covered by the Community funding.

3.   Member States shall verify that the conditions for granting Community funding are met. To that end, they shall carry out an audit of work programmes and a control plan involving a sample determined on the basis of a risk analysis and comprising at least 30 % per year of producer organisations and all the other operator's organisations in receipt of Community funding under this Article.

Article 9

In accordance with the procedure referred to in Article 18(2), detailed rules shall be adopted concerning:

CHAPTER III

TRADE WITH THIRD COUNTRIES

Article 10

1.   Imports to the Community of any of the products falling within CN codes 1509, 1510 00, 0709 90 39, 0711 20 90, 2306 90 19, 1522 00 31, 1522 00 39 shall be subject to presentation of an import licence.

Import licences shall be issued by the Member States to any applicant, irrespective of his place of establishment in the Community.

2.   Import licences shall be valid throughout the Community. Such licences shall be issued subject to the lodging of a security guaranteeing that the products are imported during the period of validity of the licence. Except in cases of force majeure, the security shall be forfeited in whole or in part if import is not carried out, or is carried out only partially, within that period.

3.   Where necessary for the purposes of following market developments, it may be decided, in accordance with the procedure referred to in Article 18(2), to make exports from the Community of any of the products listed in Article 1(a) subject to presentation of an export licence.

4.   The term of validity of licences and other detailed rules for the application of this Article shall be adopted in accordance with the procedure referred to in Article 18(2).

Article 11

1.   Unless this Regulation provides otherwise, the rates of duty in the Common Customs Tariff shall apply to the products listed in Article 1.

2.   By way of derogation from paragraph 1, should the market price for olive oil in the Community significantly exceed 1,6 times the average prices laid down in the second subparagraph of Article 6(1), during a period of at least three months, it may be decided, in accordance with the procedure referred to in Article 18(2) and so as to ensure the Community market is adequately supplied with olive oil through imports from non-member countries:

These measures shall apply for the minimum necessary period, which in any event shall not exceed the end of the marketing year in question.

Article 12

1.   The general rules for the interpretation of the combined nomenclature and the detailed rules for its application shall apply to the tariff classification of products covered by this Regulation. The tariff nomenclature resulting from the application of this Regulation shall be incorporated into the common customs tariff.

2.   Save as otherwise provided for in this Regulation or in provisions adopted pursuant thereto, the following shall be prohibited in trade with third countries:

Article 13

To the extent necessary for the proper functioning of the common organisation of the markets in the olive oil and table olive sector, the use of inward-processing arrangements for the products listed in Article 1(a) and (b) may be fully or partially prohibited in accordance with the procedure referred to in Article 18(2).

Article 14

1.   If, by reason of imports or exports, the Community market in one or more of the products listed in Article 1 is affected by, or it is threatened with, serious disturbance likely to jeopardise the achievement of the objectives set out in Article 33 of the Treaty, appropriate measures may be applied in trade with non-members of the WTO until such disturbance or threat of disturbance has ceased.

2.   Should the situation referred to in paragraph 1 arise, the Commission shall, at the request of a Member State or on its own initiative, decide upon the necessary measures. The Member States shall be notified of such measures, which shall be immediately applicable. If the Commission receives a request from a Member State, it shall take a decision thereon within three working days following receipt of the request.

3.   Measures decided upon by the Commission may be referred to the Council by any Member State within three working days of the day on which they were notified. The Council shall meet without delay. It may, acting by a qualified majority, amend or annul the measure in question within one month following the date on which it was referred to the Council.

4.   Provisions adopted under this Article shall be applied having regard to the obligations arising from agreements concluded in accordance with Article 300(2) of the Treaty.

CHAPTER IV

GENERAL PROVISIONS

Article 15

Unless this Regulation provides otherwise, Articles 87, 88 and 89 of the Treaty shall apply to the production of, and trade in, the products listed in Article 1 of this Regulation.

Article 16

Measures taken by Member States to increase the price for other vegetable oils in relation to that for olive oil so as to ensure an outlet for nationally produced olive oil shall be incompatible with the application of this Regulation.

Article 17

Member States and the Commission shall send each other any information necessary for the application of this Regulation and for complying with the international obligations concerning olive oil and table olives.

Detailed rules to determine which information is necessary, as well as those for its communication and distribution, shall be adopted in accordance with the procedure referred to in Article 18(2).

Article 18

1.   The Commission shall be assisted by the Management Committee for Olive Oil and Table Olives (hereinafter referred to as ‘the Committee’).

2.   Where reference is made to this paragraph, Articles 4 and 7 of Decision 1999/468/EC shall apply.

The period laid down in Article 4(3) of Decision 1999/468/EC shall be set at one month.

3.   The Committee shall adopt its Rules of Procedure.

Article 19

Measures that are both necessary and justifiable in an emergency, in order to resolve practical and specific problems shall be adopted in accordance with the procedure referred to in Article 18. Such measures may derogate from certain parts of this Regulation, but only to the extent that, and for such period as, is strictly necessary.

Article 20

Regulation (EC) No 1258/1999 and the provisions adopted in implementation thereof shall apply to the expenditure incurred by the Member States in carrying out obligations pursuant to this Regulation.

CHAPTER V

TRANSITIONAL AND FINAL RULES

Article 21

Regulation No 136/66/EEC is hereby amended as follows:

Article 22

In Article 5 of Regulation (EEC) No 1638/98, the first paragraph is deleted.

Article 23

Regulation (EC) No 1873/02 is hereby amended as follows:

Article 24

1.   Regulations (EEC) No 136/66/EEC, (EEC) No 154/75, (EEC) No 2754/78, (EEC) No 3519/83, (EEC) No 2261/84, (EEC) 2262/84, (EEC) No 3067/85, (EEC) No 1332/92, (EEC), No 2159/92, (EEC) No 3815/92, (EC) No 1414/97, (EC) No 1638/98 and (EC) No 1873/2002 are repealed as from 1 November 2005.

However, the provisions necessary for the management and control of the production aid remain applicable for the purposes of managing and controlling production aid related to the marketing years up to the marketing year 2004/05.

References to the repealed Regulation No 136/66/EEC are construed as references to this Regulation.

2.   Transitional measures may be adopted in accordance with the procedure referred to in Article 18(2).

Article 25

The Annex to Regulation (EEC) No 827/68 is hereby amended in accordance with Annex II to this Regulation.

Article 26

This Regulation shall enter into force on the seventh day following its publication in the Official Journal of the European Union.

It shall apply from the marketing year 2005/06. However, Articles 21 to 23 shall apply as from 1 November 2004.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Luxembourg, 29 April 2004.

For the Council

The President

M. McDOWELL                        

ANNEX I

DESCRIPTIONS AND DEFINITIONS OF OLIVE OIL AND OLIVE-POMACE OILS REFERRED TO IN ARTICLE 4

1.   VIRGIN OLIVE OILS

Oils obtained from the fruit of the olive tree solely by mechanical or other physical means under conditions that do not lead to alterations in the oil, which have not undergone any treatment other than washing, decantation, centrifugation or filtration, to the exclusion of oils obtained using solvents or using adjuvants having a chemical or biochemical action, or by re-esterification process and any mixture with oils of other kinds.

Virgin olive oils are exclusively classified and described as follows.

(a)   Extra virgin olive oil

Virgin olive oil having a maximum free acidity, in terms of oleic acid, of 0,8 g per 100 g, the other characteristics of which comply with those laid down for this category.

(b)   Virgin olive oil

Virgin olive oil having a maximum free acidity, in terms of oleic acid, of 2 g per 100 g, the other characteristics of which comply with those laid down for this category.

(c)   Lampante olive oil

Virgin olive oil having a free acidity, in terms of oleic acid, of more than 2 g per 100 g, and/or the other characteristics of which comply with those laid down for this category.

2.   REFINED OLIVE OIL

Olive oil obtained by refining virgin olive oil, having a free acidity content expressed as oleic acid, of not more than 0,3 g per 100 g, and the other characteristics of which comply with those laid down for this category.

3.   OLIVE OIL — COMPOSED OF REFINED OLIVE OILS AND VIRGIN OLIVE OILS

Olive oil obtained by blending refined olive oil and virgin olive oil other than lampante olive oil, having a free acidity content expressed as oleic acid, of not more than 1 g per 100 g, and the other characteristics of which comply with those laid down for this category.

4.   CRUDE OLIVE-POMACE OIL

Oil obtained from olive pomace by treatment with solvents or by physical means or oil corresponding to lampante olive oil, except for certain specified characteristics, excluding oil obtained by means of re-esterification and mixtures with other types of oils, and the other characteristics of which comply with those laid down for this category.

5.   REFINED OLIVE-POMACE OIL

Oil obtained by refining crude olive-pomace oil, having free acidity content expressed as oleic acid, of not more than 0,3 g per 100 g, and the other characteristics of which comply with those laid down for this category.

6.   OLIVE-POMACE OIL

Oil obtained by blending refined olive-pomace oil and virgin olive oil other than lampante olive oil, having a free acidity content expressed as oleic acid, of not more than 1 g per 100 g, and the other characteristics of which comply with those laid down for this category.

ANNEX II

The Annex to Regulation (EEC) No 827/68 is hereby amended as follows:

1.   
after the description of the goods under CN code 1108 20 00 (‘Inulin’), the following is inserted:

2.   
After the description of the goods under CN code 1503 00 (‘Lard stearin, lard oil, oleostearin, oleo-oil and tallow oil, not emulsified or mixed or otherwise prepared’), the following is inserted:

3.   
After the description of the goods under CN code 2302 50 00 (‘ of leguminous plants’), the following is inserted:

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(1)  Opinion delivered on 10 March 2004 (not yet published in the Official Journal).

(2)  Opinion delivered on 25 February 2004 (not yet published in the Official Journal).

(3)OJ L 270, 21.10.2003, p. 1. Regulation as amended by Regulation (EC) No 864/2004 (see page 48 of this Official Journal).

(4)OJ 172, 30.9.1966, p. 3025/66. Regulation as last amended by Regulation (EC) No 1513/2001 (OJ L 201, 26.7.2001, p. 4).

(5)  Council Regulation (EEC) No 154/75 of 21 January 1975 on the establishment of a register of olive cultivation in the Member States producing olive oil (OJ L 19, 24.1.1975, p. 1). Regulation as last amended by Regulation (EEC) No 3788/85 (OJ L 367, 31.12.1985, p. 1).

(6)  Council Regulation (EEC) No 2754/78 of 23 November 1978 on intervention in the olive oil sector (OJ L 331, 28.11.1978, p. 13). Regulation as amended by Regulation (EEC) No 2203/90 (OJ L 201, 31.7.1990, p. 5).

(7)  Council Regulation (EEC) No 3519/83 of 12 December 1983 laying down certain measures for acid oils from refining of by-products of olive oil or olive-residue oil (OJ L 352, 15.12.1983, p. 2).

(8)  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 (OJ L 208, 3.8.1984, p. 3). Regulation as last amended by Commission Regulation (EC) No 2366/98 (OJ L 293, 31.10.1998, p. 50).

(9)  Council Regulation (EEC) No 2262/84 of 17 July 1984 laying down special measures in respect of olive oil (OJ L 208, 3.8.1984, p. 11). Regulation as last amended by Regulation (EC) No 2292/2001 (OJ L 308, 27.11.2001, p. 1).

(10)  Council Regulation (EEC) No 3067/85 of 29 October 1985 setting criteria for mobilisation on the Community market for vegetable oils for supply as food aid (OJ L 290, 1.11.1985, p. 96).

(11)  Council Regulation (EEC) No 1332/92 of 18 May 1992 introducing specific measures for table olives (OJ L 145, 27.5.1992, p. 1). Regulation as amended by Regulation (EC) No 2826/2000 (OJ L 328, 23.12.2000, p. 2).

(12)  Council Regulation (EEC) No 2159/92 of 23 July 1992 on the financing of expenditure for the establishment and updating of the register of olive cultivation (OJ L 217, 31.7.1992, p. 8).

(13)  Council Regulation (EEC) No 3815/92 of 28 December 1992 on application of the common intervention price for olive oil in Spain (OJ L 387, 31.12.1992, p. 9).

(14)  Council Regulation (EC) No 1414/97 of 22 July 1997 fixing, for the 1997/98 marketing year, the prices, aids and percentages of aid to be retained in the olive oil sector, together with the maximum guarantee quantity (OJ L 196, 24.7.1997, p. 4).

(15)  Council Regulation (EC) No 1638/98 of 20 July 1998 amending Regulation No 136/66/EEC on the establishment of a common organisation of the market in oils and fats (OJ L 210, 28.7.1998, p. 32). Regulation as amended by Regulation (EC) No 1513/2001 (OJ L 201, 26.7.2001, p. 4).

(16)  Council Regulation (EC) No 1873/2002 of 14 October 2002 setting the limits to the Community financing of work programmes drawn up by approved operators' organisations in the olive sector provided for in Regulation (EC) No 1638/98 and derogating from Regulation No 136/66/EEC (OJ L 284, 22.10.2002, p. 1).

(17)OJ L 184, 17.7.1999, p. 23.

(18)OJ L 160, 26.6.1999, p. 103.

(19)OJ L 151, 30.6.1968, p. 16. Regulation as last amended by Commission Regulation (EC) No 1272/2002 (OJ L 184, 13.7.2002, p. 7).

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