1985R3472 — EN — 01.07.1997 — 002.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B COMMISSIONREGULATION(EEC)No3472/85
of10December 1985
onthebuying-inandstorageofoliveoilbyinterventionagencies
(OJ L 333, 11.12.1985, p. 5)
Amended by:
Official Journal
No page date
►M1Commission Regulation (EEC) No 584/86 of 28 February 1986 L 57 33 1.3.1986
►M2Commission Regulation (EEC) No 3635/86 of 28 November 1986 L 336 39 29.11.1986
►M3Commission Regulation (EEC) No 3236/87 of 29 October 1987 L 308 12 30.10.1987
►M4Commission Regulation (EEC) No 1859/88 of 30 June 1988 L 166 13 1.7.1988
►M5Commission Regulation (EEC) No 3502/88 of 9 November 1988 L 306 40 11.11.1988
►M6Commission Regulation (EEC) No 1524/91 of 5 June 1991 L 142 24 6.6.1991
►M7Commission Regulation (EEC) No 1686/92 of 29 June 1992 L 176 34 30.6.1992
►M8Commission Regulation (EEC) No 2310/92 of 31 July 1992 L 222 23 7.8.1992
►M9Commission Regulation (EEC) No 1382/93 of 4 June 1993 L 136 23 5.6.1993
►M10Commission Regulation (EEC) No 1767/93 of 30 June 1993 L 162 6 3.7.1993
►M11Commission Regulation (EC) No 1509/94 of 29 June 1994 L 162 31 30.6.1994
►M12Commission Regulation (EC) No 1204/97 of 27 June 1997 L 170 29 28.6.1997
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COMMISSIONREGULATION(EEC)No3472/85
of10December 1985
onthebuying-inandstorageofoliveoilbyinterventionagencies
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(1), as last amended by Regulation (EEC) No 231/85(2), and
in particular Article 12 (4) thereof,
Whereas the purpose of the intervention price is to guarantee olive oil
producers a price which is as close as possible to the market target price;whereas this objective can be achieved by providing for an interventionsystem for those olive oils which constitute the greater part of theirproduction and which can be stored; whereas those oils for whichmarketing is difficult should be excluded from this guarantee;
Whereas, when the minimum quantity which the intervention agency
will accept is being fixed, account must be taken, firstly, of theproportions of the various qualities represented in total virgin olive oil
production and of the production structure and, secondly, of trade
practices at the wholesale stage, where the intervention price is fixed;
Whereas measures should be laid down enabling the origin of the
product offered for intervention to be ascertained;
Whereas, since intervention is confined to the olive oils specified in
points 1 and 4 of the Annex to Regulation 136/66/EEC, in order to
ensure that the intervention system operates correctly, the method of
analysis to be used to guarantee that products offered for interventioncorrespond to the definitions of the abovementioned oils should bespecified;
Whereas, in view of the normal practice in the trade, it is appropriate to
fix the maximum water and impurities content and the threshold levelsfor applying weight deductions;
Whereas the price increases and reductions used to adjust the buying-in
price must be fixed according to the value of the various qualities of oilswhich may be offered for intervention, taking account of the relativevalues on the Community market; whereas, to ensure that these
differentiated increases and reductions are correctly applied, it is
necessary to ascertain that these oils do actually possess the requisitecharacteristics, in particular by means of a system of approvedspecialized institutions and laboratories;
Whereas Article 12 of Regulation No 136/66/EEC provides that
intervention agencies must take into account any changes in costs tothe seller resulting from the delivery of the oil to a place other than thatindicated by him; whereas the conditions under which these provisionsapply must be laid down;
Whereas olive oil can deteriorate while in storage; whereas it is
necessary to keep such deterioration to a minimum; whereas certainminimum standards for the storage of oils bought in should therefore be
laid down;
Whereas, for the purposes of good management of intervention stocks
and for control purposes, each warehouse where olive oil is stored
should be obliged to keep daily stock records; whereas, to the same end,
it is necessary to specify certain checks and stasks (SIC! tasks) to beperformed by the Member States;1985R3472 — EN — 01.07.1997 — 002.001 — 2
(1) OJ No 172, 30. 9. 1966, p. 3025/66.
(2) OJ No L 26, 31. 1. 1985, p. 12.
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Whereas, in the interests of clarity Commission Regulation (EEC) No
2942/80(1) should be repealed and replaced by this Regulation;
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
Intervention under Article 12 (1) of Regulation No 136/66/EEC shall be
restricted to olive oil as defined at point 1 of the Annex to thatRegulation. The water and impurity content of such oil may not be morethan 1 %.
In the case of lampante virgin olive oil the free fatty acid content
expressed as oleicac id ►
M11may not be more than 6 % ◄.
Article 2
1. The olive oil originating in the Community referred to in Article 1
may be offered to the intervention agency by:
— any natural or legal person proving he is the first owner of the oil
produced, and
— producers' organizations and associations thereof recognized under
Regulation No 136/66/EEC acting on behalf of the measures of those
organizations.
The offer shall only be accepted when the party concerned proves that
the oil in question has been produced in the Community.
2.
Oil mills' stock records as specified in Article 9 (2) of Commission
Regulation (EEC) No 3061/84 () shall constitute evidence of ownershipof oil and of its Community origin ►
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3. The quantity offered must be at least 20 tonnes.
►M9For the 1991/92, 1992/93 and 1993/94 marketing years ◄,
however, the minimum quantity offered in Greece and Portugal must be:
— 500 kg if the oil offered is of one of the qualities defined in 1 (a) or
(b) of the Annex to Regulation No 136/66/EEC,
— 1000 kg if the oil offered is of the quality defined in 1 (c) of that
Annex,
— 2000 kg if the oil offered is of the quality defined in 1(d) of that
Annex, or if the quantity offered is divided into two or more differentparts each of a quality defined in 1 of that Annex.
4. Subject to the provisions of Article 1, the offer shall not be
accepted until the intervention agency:
(a) has checked by means of the methods set out in Regulation (EEC)
No 2568/91 that the relevant physical and chemical characteristics ofthe virgin olive oil offered are in conformity to those indicated, for
one of the categories of virgin olive oil, in Annex I to that
Regulation;
►
M12(b)◄has checked that the oil offered does not exceed the
maximum permitted levels of radioactivity laid down by Communitylegislation. The levels applicable to products of Community origin1985R3472 — EN — 01.07.1997 — 002.001 — 3
(1) OJ No L 305, 14. 11. 1980, p. 23.▼M4
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contaminated as a result of the accident at the Chernobyl power
station shall be those laid down in Article 3 of Council Regulation(EEC) No 3955/87(
1). Checks on the level of radioactive
contamination of the product shall only be carried out if the
situation so requires and for the period necessary. Whereappropriate, the duration and extent of control measures shall bedetermined according to the procedure provided for in Article 38 ofRegulation (EEC) No 136/66/EEC.
The provisions of the previous subparagraph shall not apply, except
when there is doubt as to the nature of the oil offered, to lots not
exceeding 1 tonne.
The tests within the meaning of this paragraph and of the secondsubparagraph of article 3 (2) must be performed by laboratoriesapproved by the Member States concerned that are independent of itsintervention agency and, in cases where the intervention agency entrustsintervention to storage agencies, are independent of these agencies.
5. In the case of virgin olive oil other than lampante, the offer may
not be accepted until the intervention agency has checked that the
organoleptic characteristics correspond to those defined in the Annex toRegulation No 136/66/EEC. This check must be carried out by aninstitute approved by the Member State concerned that is independent ofits intervention agency and, in cases where the intervention agencyentrusts intervention to storage agencies, is independent of these
agencies.
In the event of a Member State failing to approve such an institute, the
Commission may, by decision, suspend the price increases for virginolive oil in the Member State concerned.
6. Where the intervention agency finds that oil offered for
intervention is not of the quality specified, the offer to purchase maybe withdrawn.
In such cases, any costs of entry into store, storage and withdrawal of the
oil so offered shall be borne by the person offering such oil.
Article 3
1. The buying-in price in ecus shall be that valid on the day of
lodging of the offer, if necessary adjusted in accordance with Article 5in the case of goods delivered to warehouse but not unloaded, allowancebeing made for the price increases and reductions provided for in this
Regulation.
The agricultural conversion rate to be applied shall be that valid on the
day of taking-over.
2. The buying-in price shall be adjusted by applying to the
intervention price the increases and reductions specified in the Annex.
The adjustments specified for virgin oils other than lampante may only
be granted for oils whose characteristics have been shown to correspond
to those specified at (a) in Article 2 (4).
In the case of virgin oil other than lampante, examination of the
organoleptic characteristics shall be carried out by the method given inAnnex XII to Regulation (EEC) No 2568/91. This analysis shall precedethose provided for in Article 2 (4).1985R3472 — EN — 01.07.1997 — 002.001 — 4
(1) OJ No L 371, 30. 12. 1987, p. 14.▼M6
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3. Payment shall be effected for the quantity of oil delivered, after
deduction of the weight of water and impurities in excess of 0,2 % forvirgin oil ►
M4 ◄.
4. Payment for oil bought by the intervention agency shall be made
within a period commencing on the 31st day after the oil is taken overby the intervention agency and ending on the 40th day after such date.
However, ►
M11 ◄the time limit for payment shall end
on the 80th day in the case of offers for virgin olive oil other than
lampante.
Article 4
1. Any offer of sale of an intervention agency must be made in
writing to the intervention agency of the Member State in which the oil
is located.
2. The intervention agency shall accept the offer with delay and
specify all necessary conditions for the taking-over.
3. The date of taking-over is the date upon which delivery
commences. The delivery of quantities offered for intervention must
be completed prior to the 46th day following the date on which the offer
of sale application referred to in paragraph 1 was lodged.
Article 5
1. In his offer the person offering the oil shall specify the intervention
centre to which he wishes to deliver the oil and the place in which the oil
is in storage when the offer i made.
2. The intervention agency shall decide on the place at which the oil
is to be taken over. If, at the request of the intervention agency, the oil isdelivered:
— to a centre other than the centre named in the offer, any resulting
increase in transport costs to the seller shall be taken into account
when payment is being effected,
— to a place other than an intervention centre, any resulting increase or
decrease in transport costs to the seller shall be taken into accountwhen payment is being effected.
3. The intervention agency shall designate a place of delivery other
than the centre indicated by the person offering the oil if, at the time ofthe transaction, that centre does not have sufficient storage capacity forthe product in question or there is doubt as to whether the oil could bekept in good condition there.
The place of delivery to be designated by the intervention agency shall,
of all those with sufficient storage capacity and facilities for keeping theoil in good condition, be that affording the lowest storage and additionaltransport costs.
Article 6
For the purposes of this Regulation:
— a ‘warehouse’ shall mean premises that are arranged for the
reception and storage of one or more lots of olive oil and constitutean operational unit of an intervention centre,
— a ‘lot’ shall mean a quantity of olive oil all of the same quality
offered for intervention by a single natural or legal person andcontained in a single container,
— a ‘storage lot’ shall mean a quantity of olive oil consisting of one or
more lots of the same quality stored together for the purposes of sale.1985R3472 — EN — 01.07.1997 — 002.001 — 5
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Article 7
1. All warehouses in which intervention olive oil is kept must have a
structure, a capacity and equipment which make it possible for the oil to
be received, bought in, stored, handled and sold in good conditions.
All basicstorage units must have a lining whic h ensures that the oil will
be kept in good condition; they must be protected from direct sunlight.
2. No oils and fats other than olive oil shall be placed in stores in
olive oil intervention warehouses.
Intervention olive oil shall be stored separately from other olive oil. The
storage of intervention olive oil is prohibited within the boundaries of anolive oil refinery or olive oil residue extraction plant.
3. The intervention or storage agency shall keep daily stock records
of each olive oil intervention warehouse comprising at least the
following information and documentation:
(a) the quantity, quality, location and owner, lot by lot, of olive oil
offered for intervention, together with a copy of the delivery note orreceipt;
(b) for each lot bought in the purchase invoice, as soon as available, and
a copy of the analysis certificate;
(c) for each storage lot formed or in the process of formation, quality,
quantity and location with a reference to the original lots asmentioned in (b) and a mention of any downgrading of the lot;
(d) the movements of oil and residues within the warehouse;
(e) for each lot withdrawn, also a copy of the withdrawal note and, as
soon as available, the sales invoice, and where appropriate a copy of
the analysis certificate referred to in Article 11 of Commission
Regulation (EEC) No 2960/77(
1);
(f) quantity and location of each lot of oil-bearing residues formed.
If an intervention warehouse also stores olive oil other than intervention
oil it shall keep separate stock records therefor.
Article 8
1. Storage lots shall be formed from the lots bought in. These must,
especially in the case of directly edible oils, be formed in such a way as
to guarantee that the principal characteristics of the original lots are
retained.
Lots not exceeding 1 tonne bought in Greece and Portugal ►M9during
the 1991/92, 1992/93 and 1993/94 marketing years ◄must form
separate storage lots from those formed from lots which have undergone
the analyses provided for in Article 2.
2. The quantity of each storage lot must exceed 20 tonnes, except in
cases of a shortage of oil.
3. As soon as a storage lot is formed, three 250-gram representative
samples of the lot shall be sealed and lodged with the interventionagency so that the oil from each lot can be identified.
4. To ensure that the oil is kept in good condition, each storage lot
must be decanted or, in the case of non-edible oils drawn off, at leastthree times during the first six months of storage.
5. The lots of intervention olive oil must be kept in the warehouse in
which they were taken over. They may be placed in another warehouseonly for serious reasons and after authorization by the interventionagency.1985R3472 — EN — 01.07.1997 — 002.001 — 6
(1) OJ No L 348, 30. 12. 1977, p. 46.▼M7
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Article 9
1. The Member States concerned shall periodically check at each
intervention centre and warehouse:
— the operations relating to the buying-in, storage and sale of oils,
— the stock position,
— the way in which the stock records are kept,
— the quality of each storage lot.
2. In cases where the intervention agency entrusts intervention to
storage agencies it shall check on a random basis that the oil storedcorresponds to the samples specified in Article 8 (3).
3. The Member States concerned shall at the start of each marketing
year analyse all the lots of edible oil. The results of this analysis shall be
sent to the Commission not later than 31 January of each marketingyear.
The Commission, after examining these results, shall, where appropriate,
downgrade the oils which no longer have the characteristics assigned tothem in the intervention stocks records and shall inform the Member
States concerned of the downgrading.
4. Member States shall take all measures necessary, apart from those
referred to in paragraphs 1, 2 and 3, to ensure that olive oil bought in iskept in good condition.
Article 10
Without prejudice to Council Regulation (EEC) No 729/70(
1), in order
to coordinate certain activities and to improve the management ofintervention stocks, Commission officials may participate in the work:
— of the agencies and laboratories responsible for the analyses and
examinations provided for in Articles 2 and 3,
— of checking on storage operations, as specified in Article 9.
Article 11
Member States shall inform the Commission of the measures taken in
implementation of this Regulation.
Article 12
Regulation (EEC) No 2942/80 is hereby repealed.
Article 13
This Regulation shall enter into force on the day of its publication in the
Official Journal of the European Communities .
However, the second subparagraph of Article 7 (1) and the third
subparagraph of Article 2 (4) shall apply from 1 November 1986.
This Regulation shall be binding in its entirety and directly applicable in
all Member States.1985R3472 — EN — 01.07.1997 — 002.001 — 7
(1) OJ No L 94, 28. 4. 1970, p. 13.
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ANNEX
(ECU/100 kg)
Description and qualiy (SIC! quality)
as defined in the Annex to Regula-
tion No 136/66/EEC (the degree of
acidity represents the free fatty-acid
content expressed as oleic acid/100 g
of oil)Price
increasePrice reduction
Extra virgin olive oil 10,00 —
Virgin olive oil 4,00 —
Semi-fine virgin olive oil — —
Lampante virgin olive oil, 1º — 9
Other lampante virgin olive oils
— More than 1º to up to 6º
acidityReduction increased by ECU
0,32 for each additional 10th of
a degree of acidity1985R3472 — EN — 01.07.1997 — 002.001 — 8