1987R1915 — EN — 01.07.1987 — 000.001 — 1
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►B COUNCILREGULATION(EEC)No1915/87
of2July1987
amending Regulation No 136/66/EEC on the establishment of a common organization of the
marketinoilsandfats
(OJ L 183, 3.7.1987, p. 7)
Corrected by:
►C1Corrigendum, OJ L 304, 27.10.1987, p. 46 (1915/87/EEC)
►C2Corrigendum, OJ L 326, 17.11.1987, p. 32 (1915/87/EEC)
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COUNCILREGULATION(EEC)No1915/87
of2July1987
amending Regulation No 136/66/EEC on the establishment of a
commonorganizationofthemarketinoilsandfats
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic
Community, and in particular Article 43 thereof,
Having regard to the proposal from the Commission(1),
Having regard to the opinion of the European Parliament(2),
Having regard to the opinion of the Economic and Social
Committee(3),
Whereas aid for production of olive oil is designed to provide a fair
income for producers; whereas, however, in view of the prospects for
the disposal of olive oil produced in the Community, there should be
a disincentive to produce whenever production exceeds a quantitywhich is determined in the light of the market situation; whereas theunit amount of aid payable should therefore be reduced when produc-tion exceeds the maximum quantity laid down; whereas the provision
which, to the same end, limits olive-growing areas, whose production
is eligible for production aid, should therefore be deleted;
Whereas the reduction in the aid should not apply in the case of small
producers since these do not normally market their olive oil and do not,therefore, contribute to market surpluses; whereas such a measure is
also called for on grounds of sound management; whereas it should
also be made possible to set a higher level of aid for these producers;
Whereas experience has shown that, given the situation on the olive oil
market, instead of encouraging the marketing of olive oil in the light ofmarket requirements, the system of monthly increases hinders the
normal disposal of production; whereas monthly increases should there-
fore be discontinued;
Whereas intervention should provide a means of underpinning produ-
cers' incomes when market mechanisms cannot operate effectively;
whereas allowing intervention to operate for the entire marketing year
hinders the normal disposal of the product on the market; whereasintervention should therefore be limited to a certain part of themarketing year;
Whereas, pursuant to Article 12 (2) of Regulation No 136/66/EEC(
4),
as last amended by Regulation (EEC) No 1454/86(5), olive oil bought
in by intervention agencies must be offered for sale on the Communitymarket; whereas experience has shown that provision should be madefor allowing the oil to be disposed of by way of gift as part of specificemergency food-aid operations;
Whereas in order to be effective such operations must be implemented
rapidly; whereas provision should therefore be made for applying themost suitable procedure in suchcases;
Whereas, under present market conditions, the rape and sunflower seed
produced should only exceptionally be sold into intervention; whereas,
in the interests of sound market management, it is advisable to encou-rage the selling of that production to processors and to avoid the costsincurred by the Community as a result of speculative transactions;whereas buying in should therefore be restricted to the last few monthsof the marketing year;1987R1915 — EN — 01.07.1987 — 000.001 — 2
(1) OJ No C 89, 3. 4. 1987, p. 19.
(2) OJ No C 156, 15. 6. 1987.
(3) OJ No C 150, 9. 6. 1987, p. 8.
(4) OJ No 172, 30. 8. 1966, p. 3025/66.
(5) OJ No L 133, 21. 5. 1986, p. 8.
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Whereas, under the system of maximum guaranteed quantities for rape
and sunflower seed referred to in Article 27a of Regulation No 136/66/EEC, exceeding the said quantities only slightly may substantially
reduce the amount of aid payable; whereas placing a ceiling on the
reduction may run counter to the system's objectives and serve toincrease production; whereas in order to improve the system's effec-tiveness it is advisable to increase this reduction for the 1987/88marketing year;
Whereas, in order to facilitate the marketing of olive oil in practice, it
is advisable to adjust the descriptions and definitions given in theAnnex to Regulation No 136/66/EEC; whereas, however, there should
be a transitional period for the introduction of the new provisions;
Whereas in order to improve the marketing of oils and fats and
increase their profitability, provision should be made for introducing
marketing standards; whereas Member States should introduce controlmeasures with a view to ensuring that those standards are compliedwith,
HAS ADOPTED THIS REGULATION:
Article 1
Regulation No 136/66/EEC is hereby amended as follows:
1. Article 5 (1) and (2) is replaced by the following:
‘1. Aid for the production of olive oil shall be introduced. The
aid is designed to contribute towards the establishment of a fairincome for producers.
Before 1 August each year the Council shall, in respect of the
marketing year which begins in the following calendar year, fixthe unit amount of production aid in accordance with the procedure
laid down in Article 43 (2) of the Treaty. A separate unit amount
may be fixed for producers whose average production does notexceed 200 kilograms of oil per year.
In accordance with that procedure the Council shall, in respect of a
specified period, the first such period being that covered by themarketing years from 1987/88 to 1990/91, fix the maximum quan-tity of olive oil for which the aid shall be payable. The maximumquantity shall be fixed at the same time as the aid for the first
marketing year of the period concerned.
The aid shall be fixed taking account of the effect of the consump-
tion aid referred to in Article 11 on a part of production only. The
maximum quantity of olive oil for which the aid is payable shall
take account in particular of average production during a referenceperiod and the quantitative level which, it is felt, production shouldachieve.
If the actual quantity produced during the marketing year:
(a) is less than the maximum quantity laid down for that marketing
year plus any quantity carried over as described below, thedifference shall be carried over and added to the maximumquantity for which the unit amount of aid shall be payable thefollowing marketing year;
(b) exceeds the maximum quantity laid down for that marketing
year plus any quantity carried over, the unit amount of aid
payable per 100 kilograms of oil actually produced shall bemultiplied by a coefficient obtained by dividing the maximumquantity, plus any quantity carried over as described above, bythe actual quantity eligible for aid.
However, the unit amount of aid payable to producers whose
average production of olive oil is 200 kilograms or less permarketing year shall not be multiplied by that coefficient.1987R1915 — EN — 01.07.1987 — 000.001 — 3
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2. The aid shall be granted:
— to growers who are members of a producer group recognized
pursuant to this Regulation, and who have an average produc-tion of at least 200 kilograms of olive oil per marketing year,on the basis of the quantity of olive oil actually produced bythem,
— to other growers, on the basis of the number and production
potential of the olive trees cultivated by them and of the yields
of suchtrees, as determined according to a standard meth od,
and provided that the olives produced have actually beenharvested.’
2. Article 10 is deleted.
3. In Article 12 (1) the first sentence is replaced by the following:
‘The intervention agencies designated by the producer Member
States shall, in July, August, September and October of eachmarketing year, buy in, in accordance withth e rules adopted underparagraph4, olive oil of Community origin wh ichis offered to
them by producers or producers' groups and associations thereof
recognized pursuant to Regulation (EEC) No 1360/78 at interven-tion centres in production areas.’
4. The following paragraph is inserted in Article 12:
‘2a. Notwithstanding the provisions of paragraph 2 it may be
decided that certain quantities of olive oil in intervention storageshould be disposed of by way of gift, as part of specific emergencyrelief operations. The decision concerned may also specify the
conditions applicable withregard to processing and supply to th e
beneficiaries.’
5. Article 12 (4) is replaced by the following:
‘4. The detailed rules for the application of this Article in parti-
cular those regarding the decision referred to in paragraph 2a andthe designation of the intervention centres shall be laid down inaccordance withth e procedure provided for in Article 38.’
6. The first paragraph of Article 25 is replaced by the following:
‘To enable sales to be staggered, the target price and the interven-
tion price shall be increased each month, for a period of at leastfive months beginning with the fifth month of the marketing yearfor colza and rape seed and withth e fourthmonthfor sunflowerseed, by an amount which shall be the same for both prices’.
7. The first subparagraph of Article 26 (1) is replaced by the
following:
‘1. Where the Community market price for the seeds in question
is less than the intervention price, or, where appropriate, reducedpursuant to Article 27a, an intervention agency shall, from 1October and until 31 May and under conditions to be laid downin accordance withparagraph s 2 and 3, buy in seeds of Communityorigin offered to it at intervention centres. The intervention agency
shall, without prejudice to the provisions of Article 27a, buy in at
94 % of the intervention price.’
8. Article 27a is replaced by the following:
‘Article 27a
1. The Council shall, acting in accordance with the procedure
laid down in Article 43 (2) of the Treaty, fix, for each marketingyear beginning with1986/87, maximum guaranteed quantities forrape seed produced in the Community and for sunflower seed
produced in the Community.
2. The maximum guaranteed quantities for rape and sunflower
seed shall be determined in the light of the quantities producedduring a reference period and the anticipated level of demand.
3. Where the estimate of rape or sunflower seed production
made before the start of the marketing year exceeds, in respect ofthe marketing year in question, the maximum guaranteed quantity1987R1915 — EN — 01.07.1987 — 000.001 — 4
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for the seed concerned, the aid shall be reduced by an amount
equal to the effect on the target price of a coefficient reflectingthe extent of the difference.
However, for the 1987/88 marketing year, this reduction in the
amount of production aid may not be greater than 10 % of thetarget price.
Whereas the provisions of the first subparagraph would not reduce
the aid by the same amount, if they were applied to the quantity
actually produced instead of to the estimate made at the start of
the marketing year, the maximum guaranteed quantity for thefollowing marketing year shall be adjusted accordingly.
4. Where the provisions of paragraph 3 are applied, the buying-
in price shall be reduced by the same amount as the aid.
5. The Council, acting by a qualified majority on a proposal
from the Commission, shall adopt the rules for determining the
coefficient referred to in the first subparagraph of paragraph 3.
6. Detailed rules for the application of this Article shall be
adopted in accordance withth e procedure laid down in Article 38.’
9. Article 35 is replaced by the following:
‘Article 35
1. The use of the descriptions and definitions of ►
C1olive oils
and olive-pomace oils ◄set out in the Annex shall be compulsory
as regards the marketing of the products concerned within each
Member State, in intra-Community trade and in trade withth irdcountries.
2.►
C1Only oils ◄as referred to in points 1 (a) and (b), 3
and 6 of the Annex may be marketed at the retail stage.
3. Until 31 December 1989, Member States may authorize:
►C2— for the purposes of the marketing of olive oils and olive-
pomace oils ◄within their territory, the use of definitions and
descriptions which are practised within each Member State at
31 October 1987,
— in the case of the oil referred to in point 3 of the Annex,
intended for export, the use of “pure olive oil”.
4. The Council, acting by a qualified majority on a proposal
from the Commission, may amend the descriptions and definitionsset out in the Annex.
5. If difficulties arise for the marketing within the Community
of the products referred to in the Annex, a decision may be taken
in accordance withth e procedure laid down in Article 38 to extend
for one or several of the products in question the date of 31December 1989 laid down in paragraph3. Suchextension maynot exceed two years.’
10. The following Article is inserted:
‘Article 35a
1. Marketing standards covering in particular quality grading,
packaging and presentation may be laid down in respect of the
products referred to in Article 1.
Where such standards are laid down, the products to which they
apply may be marketed only in accordance withth ose 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. They shall notify the Commission
of the arrangements they have introduced for the purpose ofapplying this paragraph.
3. The marketing standards shall be adopted in accordance with
the procedure laid down in Article 38. They shall take into accounttechnical production and marketing requirements and changes in1987R1915 — EN — 01.07.1987 — 000.001 — 5
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the methods used for determining the physical, chemical and orga-
noleptic characteristics of the products referred to in Article 1.Detailed rules for the application of this Article and, where applic-
able, the methods of analysis to be used, shall be adopted in
accordance withth e same procedure.’
11. The Annex is hereby replaced by the Annex to this Regulation.
Article 2
This Regulation shall enter into force on the day of its publication in
theOfficial Journal of the European Communities .
It shall apply from:
— 1 July 1987 in the case of rape seed,
— 1 August 1987 in the case of sunflower seed,
— 1 November 1987 in the case of olive oil.
This Regulation shall be binding in its entirety and directly applicable
in all Member States.1987R1915 — EN — 01.07.1987 — 000.001 — 6
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ANNEX
Descriptionsanddefinitionsofoliveoilsandolive-pomaceoilsreferredtoin
Article35
1.Virgin olive oils: oils which are obtained from the fruit of the olive tree
solely by mechanical or other physical means under conditions, particularly
thermal conditions, that do not lead to deterioration of the oil, and which
have undergone no treatment other than washing, decantation, centrifugation
and filtration, excluding oils obtained by means of solvents or re-esterifica-
tion►C1and mixtures of virgin olive oils ◄withoth er oils.
Their classification and description are as follows:
(a) extra virgin olive oil: virgin olive oil of absolutely perfect flavour, with
an acid content, expressed as oleic acid, of not more than 1 g per 100 g;
(b) virgin olive oil (the expression ‘fine’ may be used at the production and
wholesale stage): virgin olive oil of perfect flavour, with an acid content,
expressed as oleic acid, of not more than 2 g per 100 g;
(c) ordinary virgin olive oil: virgin olive oil of good flavour, withan acid
content, expressed as oleic acid, of not more than 3,3 g per 100 g;
(d) lampante virgin olive oil: virgin olive oil withan off-flavour or withan
acid content expressed as oleic acid, ►C1of more than 3,3 g per
100 g.◄
2.Refined olive oil: olive oil obtained by refining virgin olive oils, withan acid
content, expressed as oleic acid, of not more than 0,5 g per 100 g.
3.Olive oil: oil consisting of a blend of refined olive oil and virgin olive oils,
other than lampante virgin olive oil, with an acid content, expressed as oleic
acid, of not more than 1,5 g per 100 g.
4.Crude olive-pomace oil: oil obtained by treating olive residue withsolvents,
but excluding oils obtained by re-esterification and mixtures of crude olive-
pomace oil and other oils.
5.Refined olive-pomace oil: oil obtained by refining crude olive-pomace oil
withan acid content, expressed as oleic acid, of not more th an 0,5 g per
100 g.
6.Olive-pomace oil: oil consisting of a blend of refined olive-pomace oil and
virgin olive oils other than lampante virgin olive oil, with an acid content
expressed as oleic acid, of not more than 1,5 g per 100 g.1987R1915 — EN — 01.07.1987 — 000.001 — 7