1966R0136 — EN — 01.01.2000 — 002.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B REGULATION NO 136/66/EEC OF THE COUNCIL
of 22 September 1966
on the establishment of a common organisation of the market in oils and fats
(OJ P 172, 30.9.1966, p. 3025)
Amended by:
Official Journal
No page date
►M1Regulation (EEC) No 2146/68 of the Council of 20 December 1968 L 314 1 31.12.1968
►M2Regulation (EEC) No 1253/70 of the Council of 29 June 1970 L 143 1 1.7.1970
►M3Regulation (EEC) No 2554/70 of the Council of 15 December 1970 L 275 5 19.12.1970
►M4Regulation (EEC) No 2727/71 of the Council of 20 December 1971 L 282 8 23.12.1971
►M5Regulation (EEC) No 1547/72 of the Council of 18 July 1972(*) L 165 1 21.7.1972
►M6Regulation (EEC) No 1707/73 of the Council of 26 June 1973 L 175 5 29.6.1973
►M7Council Regulation (EEC) No 2560/77 of 7 November 1977 L 303 1 28.11.1977
►M8Council Regulation (EEC) No 1419/78 of 20 June 1978 L 171 8 28.6.1978
►M9Council Regulation (EEC) No 1562/78 of 29 June 1978 L 185 1 7.7.1978
►M10Council Regulation (EEC) No 590/79 of 26 March 1979 L 78 1 30.3.1979
►M11Council Regulation (EEC) No 1585/80 of 24 June 1980 L 160 2 26.6.1980
►M12Council Regulation (EEC) No 1917/80 of 15 July 1980 L 186 1 19.7.1980
►M13Council Regulation (EEC) No 3454/80 of 22 December 1980 L 360 16 31.12.1980
►M14Council Regulation (EEC) No 1413/82 of 18 May 1982 L 162 6 12.6.1982
►M15Council Regulation (EEC) No 1097/84 of 31 March 1984 L 113 1 28.4.1984
►M16Council Regulation (EEC) No 1101/84 of 31 March 1984 L 113 7 28.4.1984
►M17Council Regulation (EEC) No 1556/84 of 4 June 1984 L 150 5 6.6.1984
►M18Council Regulation (EEC) No 2260/84 of 17 July 1984 L 208 1 3.8.1984
►M19Council Regulation (EEC) No 231/85 of 29 January 1985 L 26 12 31.1.1985
►M20Council Regulation (EEC) No 3768/85 of 20 December 1985 L 362 8 31.12.1985
►M21Council Regulation (EEC) No 1454/86 of 13 May 1986 L 133 8 21.5.1986
►M22Council Regulation (EEC) No 1915/87 of 2 July 1987 L 183 7 3.7.1987
►M23Commission Regulation (EEC) No 3994/87 of 23 December 1987 L 377 31 31.12.1987
►M24Council Regulation (EEC) No 1098/88 of 25 April 1988 L 110 10 29.4.1988
►M25Council Regulation (EEC) No 2210/88 of 19 July 1988 L 197 1 26.7.1988
►M26Council Regulation (EEC) No 1225/89 of 3 May 1989 L 128 15 11.5.1989
►M27Council Regulation (EEC) No 2902/89 of 25 September 1989 L 280 2 29.9.1989
►M28Council Regulation (EEC) No 3499/90 of 27 November 1990 L 338 1 5.12.1990
(*) This Act was never published in English.
1966R0136 — EN — 01.01.2000 — 002.001 — 2
►M29Council Regulation (EEC) No 3577/90 of 4 December 1990 L 353 23 17.12.1990
►M30Council Regulation (EEC) No 1720/91 of 13 June 1991 L 162 27 26.6.1991
►M31Council Regulation (EEC) No 356/92 of 10 February 1992 L 39 1 15.2.1992
►M32Council Regulation (EEC) No 2046/92 of 30 June 1992 L 215 1 30.7.1992
►M33Council Regulation (EC) No 3179/93 of 16 November 1993 L 285 9 20.11.1993
►M34Council Regulation (EC) No 3290/94 of 22 December 1994 L 349 105 31.12.1994
►M35Council Regulation (EC) No 1581/96 of 30 July 1996 L 206 11 16.8.1996
►M36Council Regulation (EC) No 1638/98 of 20 July 1998 L 210 32 28.7.1998
►M37Council Regulation (EC) No 2702/1999 of 14 December 1999 L 327 7 21.12.1999
Amended by:
►A1Act of Accession of Denmark, Ireland and the United Kingdom of Great
Britain and Northern Ireland L 73 14 27.3.1972
(adapted by Council Decision of 1 January 1973) L 2 1 1.1.1973
►A2Act of Accession of Greece L 291 17 19.11.1979
►A3Act of Accession of Spain and Portugal L 302 23 15.11.1985
►A4Act of Accession of Austria, Sweden and Finland C 241 21 29.8.1994
(adapted by Council Decision 95/1/EC, Euratom, ECSC) L 1 1 1.1.1995
Corrected by:
►C1Corrigendum, OJ L 304, 27.10.1987, p. 46 (1915/87)
►C2Corrigendum, OJ L 326, 17.11.1987, p. 32 (1915/87)
►C3Corrigendum, OJ L 14, 22.1.1993, p. 29 (356/92)
NB: This consolidated version contains references to the European unit of account and/or the ecu, which from 1 January 1999
should be understood as references to the euro — Council Regulation (EEC) No 3308/80 (OJ L 345, 20.12.1980, p. 1) andCouncil Regulation (EC) No 1103/97 (OJ L 162, 19.6.1997, p. 1).
▼B
REGULATION NO 136/66/EEC OF THE COUNCIL
of 22 September 1966
on the establishment of a common organisation of the market in oils
and fats
THE COUNCIL OF THE EUROPEAN ECONOMIC COMMUNITY,
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 Parliament(
1);
Whereas the situation on the Community market in oils and fats of
vegetable or marine origin is characterised by high demand and low
overall production; whereas Member States therefore depend to a largeextent on the world market for supplies; whereas this situation generallyjustifies the removal of the various import barriers and theirreplacement, except where certain olive oil products are concerned, bythe Common Customs Tariff, which makes it easier for industries to
obtain supplies by allowing raw materials to enter the Community duty
free while duties on finished products serve to protect these industriesand secure consumers' supplies at reasonable prices;
Whereas, however, the removal of import barriers would leave the
Community market in oil seeds, oleaginous fruit and their oils without
defence against disturbances caused either by certain imports from third
countries or by disparities, resulting from action by third countries,between prices for products derived from oil seeds and oleaginous fruitand prices for these seeds and fruit; whereas these disturbances areseriously prejudicial to the interests of producers and processing
industries; whereas provision must therefore be made for appropriate
measures to remedy this situation, international commitments beingtaken into account;
Whereas, because of the situation on the world market, certain sectors of
agricultural and industrial production in the Community would be
adversely affected if the effects of the removal of import barriers were
not offset by other measures; whereas olive oil consumption mightdecline if there was a substantial fall in the price of competing oils;whereas, furthermore, other oils and oil seeds are in direct competitionwith oils and oil seeds imported from third countries at a reduced rate ofduty or duty-free;
Whereas olive growing and olive oil production are of special economic
importance in certain regions of the Community, where they oftenconstitute the most important source of income for a large proportion ofthe population; whereas olive oil is the most important source of oil andfats for large categories of consumers; whereas the growing of oil seeds,
in particular colza, rape and sunflower seeds, contributes to the viability
of farms by making it possible to improve technical and financialequilibrium; whereas it is therefore necessary to support these activitiesby appropriate measures;
Whereas to this end the marketing of Community crops of these
products must ensure producers a fair income, the level of which may be
determined by a production target price in the case of olive oil and by atarget price in the case of oil seeds; whereas the difference betweenthese prices and prices acceptable to the consumer represents the subsidywhich should be granted to attain the desired objective;
Whereas consumer preferences make it possible to sell olive oil at a
higher price than other products of a similar kind; whereas it is thereforepossible, prices for competing products being taken into account, todetermine a market target price that will, as a general rule, provide theproducer with ala rge proportion of the requisite income in the form ofreceipts from sales;1966R0136 — EN — 01.01.2000 — 002.001 — 3
(1) OJ No 119, 3. 7. 1965, p. 2040/65.
▼B
Whereas the market target price for olive oil cannot attain its objective
unless the price actually ruling on the market is as close as possible tothe market price; whereas stabilishing (SIC! stabilising) machinery
should therefore be provided in producer Member States and at the
Community frontier;
Whereas the desired stability may be obtained within the Community by
making it possible in production areas for olive oil to be offered tocompetent agencies of the Member States; whereas, because of thegeographical concentration of production and consumption, the inter-vention price to be paid for oil by intervention agencies can be the samein all intervention centres; whereas, moreover, in order to ensure that
there is a constant balance between supply and demand and to
counteract the effects of fluctuations in production, provision shouldbe made for the possibility of entrusting intervention agencies with thetask of forming a buffer stock;
Whereas, in order to stabilise the Community market at the desired
level, notably by ensuring that fluctuations in world market prices do notaffect prices within the Community, provision should be made forcharging an import levy corresponding to the difference between the
threshold price derived from the market target price and prices ruling on
the world market; whereas if protection is to be complete and consistent,a system which would have the same effect must be applied to oil-cake,other residues resulting from the extraction of olive oil and olives for oilproduction;
Whereas, in the case of olive oil used in the manufacture of preserved
fish and vegetables, the levy must be suspended or a refund granted toenable manufacturers to meet competition from similar products
manufactured with oil bought at world market prices;
Whereas supplies of olive oil to the consumer might be jeopardised if
the ratio of world prices to Community prices were likely to lead to
substantial exports of olive oil; whereas, furthermore, imports or exports
of this product might in certain circumstances lead to marketdisturbances; whereas provision should therefore be made for dealingwith such asitua tion;
Whereas, as far as oil seeds are concerned, farmers can be protected
against any risks which may arise, despite the proposed system ofsubsidies, from the unsettled state of the market by interventionmachinery involving the buying-in of quantities offered to the competent
agencies at intervention prices which must, because the area of
production is extensive and processing centres few, be fixed in thelight of natural conditions of price formation;
Whereas the list of seeds to be covered by the system described above
must be drawn up in such a way as to include the species which are mostwidely grown at the present time; whereas provision should however bemade for the possibility of extending this system to other seeds whereexperience shows this to be necessary;
Whereas the abolition of measures encouraging the production of grape-
pip oil in certain Member States calls for the adoption of specialmeasures to enable the industry concerned to adapt to new market
conditions;
Whereas the consistency of the provisions governing the common
organisation of the market in oils and fats would be impaired if their
effect were to be combined with those of subsidies incompatible with
the Treaty; whereas, until such time as a common agricultural policy forflax is put into effect, an exception must be made in respect of subsidieson the production of linseed for oil extraction;
Whereas the common organisation of the market in oils and fats must
take appropriate account, at the same time, of the objectives set out inArticles 39 and 110 of the Treaty;
Whereas, in order to facilitate implementation of the proposed measures,
a procedure should be provided for establishing close co-operationbetween Member States and the Commission within a ManagementCommittee;1966R0136 — EN — 01.01.2000 — 002.001 — 4
▼B
HAS ADOPTED THIS REGULATION:
Article 1
1. A common organization of the market in oil seeds, oleaginous
fruit, vegetable oils and fats, and oils and fats of fish or marinemammals shall be established.
2. This Regulation shall cover the following products:
CN code Description of goods
(a) 1201 00 90 Soya beans, whether or not broken, other than for
sowing
1202 10 90 Ground-nuts, not roasted or otherwise cooked, in
shell, other than for sowing
1202 20 00 Ground-nuts, not roasted or otherwise cooked,
shelled, whether or not broken, other than for sowing
1203 00 00 Copra
1204 00 90 Linseed, whether or not broken, other than for
sowing
1205 00 90 Rape or colza seeds, whether or not broken, other
than for sowing
1206 00 90 Sunflower seeds, whether or not broken, other than
for sowing
1207 10 90 Palm nuts and kernels, whether or not broken, other
than for sowing
1207 20 90 Cotton seeds, whether or not broken, other than for
sowing
1207 30 90 Castor oil seeds, whether or not broken, other than
for sowing
1207 40 90 Sesamum seeds, whether or not broken, other than
for sowing
1207 50 90 Mustard seeds, whether or not broken, other than for
sowing
1207 60 90 Safflower seeds, whether or not broken, other than
for sowing
1207 91 90 Poppy seeds, whether or not broken, other than for
sowing
1207 92 90 Sheanuts (Ka rite nuts), whether or not broken, other
than for sowing
1207 99 91 Hemp seeds, whether or not broken, other than for
sowing
1207 99 99 Other oilseeds and oleaginous fruits, whether or not
broken, other than for sowing
(b) 1208 Flours and meals of oil seeds or oleaginous fruits,
other than those of mustard
1504 Fats and oils and their fractions, of fish or marine
mammals, whether or not refined, but not chemically
modified
1507 Soya-bean oil and its fractions, whether or not
refined, but not chemically modified
1508 Ground-nut oil and its fractions, whether or not
refined, but not chemically modified
1511 Palm oil and its fractions, whether or not refined, but
not chemically modified
1512 Sunflower seed, safflower or cotton-seed oil and
their fractions, whether or not refined, but not
chemically modified1966R0136 — EN — 01.01.2000 — 002.001 — 5
▼M9
▼M23
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CN code Description of goods
1513 Coconut (copra), palm kernel or babassu oil and
fractions thereof, whether or not refined, but not
chemically modified
1514 Rape, colza or mustard oil and fractions thereof,
whether or not refined, but not chemically modified
ex 1515 Other fixed vegetable fats and oils (excluding jojoba
oil: 1515 60) and their fractions, whether or not
refined, but not chemically modified
ex 1516 Animal or vegetable fats and oils and their fractions,
partly or wholly hydrogenated, inter-esterified, re-
esterified or elaidinised, whether or not refined, but
not further prepared, (excluding hydrogenated castor
oil, so called ‘opalwax’: 1516 20 10)
ex 1517 Margarine, edible mixtures or preparations of animal
or vegetable fats or oils or of fractions of different
fats or oils of this Chapter, other than edible fats or
oils or their fractions of heading No 1516, excluding
subheadings 1517 10 10, 1517 90 10 and 1517 90 93
1518 00 31/C148/C147/C147/C147/C149/C147/C147/C147/C150 1518 00 39Fixed vegetable oils, fluid, mixed for technical or
industrial uses other than the manufacture of food-
stuffs for human consumption
1522 00 91 Oil foots and dregs; soapstocks, resulting from the
treatment of fatty substances or animal or vegetable
waxes, excluding those containing oil having the
characteristics of olive oil
1522 00 99 Other residues resulting from the treatment of fatty
substances or animal or vegetable waxes, excluding
those containing oil having the characteristics of
olive oil
2304 00 00 Oil-cake and other solid residues, whether or not
ground or in the form of pellets, resulting from the
extraction of soya-bean oil
2305 00 00 Oil-cake and other solid residues, whether or not
ground or in the form of pellets, resulting from the
extraction of ground-not oil
ex 2306 Oil-cake and other solid residues, whether or not
ground or in the form of pellets, resulting from the
extraction of vegetable fats or oils, other than those
of heading No 2304 or 2305, excluding oil cake and
other residues resulting from the extraction of olive
oil falling within subheading 2306 90
c) 1509 Olive oil and its fractions, whether or not refined,
but not chemically modified
1510 00 Other oils and their fractions, obtained solely from
olives, whether or not refined, but not chemically
modified, including blends of these oils or fractionswith oils or fractions of heading No 1509
d) 0709 90 31 Olives, fresh or chilled, for uses other than the
production of oil
0709 90 39 Other olives, fresh or chilled0710 80 10 Olives (uncooked or cooked by steaming or boiling
in water), frozen
0711 20 Olives provisionally preserved (for example, by
sulphur dioxide gas, in brine, in sulphur water or
in other preservative solutions) but unsuitable in that
state for immediate consumption
ex 0712 90 90 Olives dried, whole cut, sliced, broken or in powder,
but not further prepared
ex 2001 90 90 Olives, prepared or preserved by vinegar or acetic
acid
ex 2004 90 30 Olives prepared or preserved otherwise than by
vinegar or acetic acid, frozen1966R0136 — EN — 01.01.2000 — 002.001 — 6
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CN code Description of goods
2005 70 00 Olives prepared or preserved otherwise than by
vinegar or acetic acid, not frozen
e) 1522 00 39/C148/C147/C147/C147/C149/C147/C147/C147/C150 1522 00 39Residues resulting from the treatment of fatty
substances or animal or vegetable waxes containing
oil having the characteristics of olive oil
2306 90 11/C148/C147/C147/C147/C149/C147/C147/C147/C150 2306 90 19Oil-cake and other residues resulting from the
extraction of olive oil
TITLE I
Trade
Article 2
1. Imports into the Community of any of the products listed in Article
1 (2) (c) or of the products falling within CN codes 0709 90 39,
0711 20 90, 2306 90 19, 1522 00 31, 1522 00 39 shall be subject to
presentation of an import licence.
Exports of olive oil from the Community shall be subject to presentation
of an export licence.
Exports from the Community of other products listed in Article 1 (2)
may be subject to presentation of export licences.
Licences shall be issued by the Member States to any applicant,
irrespective of his place of establishment in the Community and withoutprejudice to measures taken for the application of Article 3.
Import and export licences shall be valid throughout the Community.
Such licences shall be issued subject to the lodging of a securityguaranteeing that the products are imported or exported during the term
of validity of the licence; save in cases of force majeure, the security
shall be forfeited in whole or in part if import or export is not carriedout, or is only carried out partially, within that period.
2. The term of validity of licences and other detailed rules for the
application of this Article shall be adopted in accordance with theprocedure laid down in Article 38.
Article 2a
►
M351.◄Save as otherwise provided for in this Regulation, the
rates of duty in the Common Customs Tariff shall apply to the productslisted in Article 1 (2).
2. Paragraph 1 notwithstanding, should the market price for olive oil
in the Community appreciably exceed the ►
M36production target
price, less production aid and an amount taking account of marketvariations and the costs of transporting the olive oil from the areas of
production to the areas of consumption, ◄during a period of at least
three months, to ensure the Community market is adequately suppliedwith olive oil through imports from non-member countries, theCommission may, in accordance with the procedure laid down inArticle 38:
— partially or fully suspend the application of commmon customs
duties to olive oil, and establish the detailed arrangements for any
such suspension,
— open an import quota for olive oil at a reduced rate of common
customs duties and establish the detailed arrangements for managingany such quota.
These measures shall apply for the minimum period strictly required,
which period in any event may not exceed the end of the marketing yearin question.1966R0136 — EN — 01.01.2000 — 002.001 — 7
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Article 2b
1. Without prejudice to Article 10 (2), in order to prevent or
counteract adverse effects on the market in the Community which mayresult from imports of certain products listed in Article 1, imports of one
or more of such products at the rate of duty laid down in Article 10 shall
be subject to payment of an additional import duty if the conditions setout in Article 5 of the Agreement on Agriculture concluded inaccordance with Article 228 of the Treaty in the framework of theUruguay Round of multilateral trade negotiations have been fulfilled
unless the imports are unlikely to disturb the Community market, or
where the effects would be disproportionate to the intended objective.
2. The trigger prices below which an additional import duty may be
imposed shall be those notified by the Community to the World TradeOrganization.
The trigger volumes which must be exceeded for an additional import
duty to be imposed shall be determined in particular on the bases ofCommunity imports over the three years preceding the year in which the
adverse effects referred to in paragraph 1 have occurred or are likely to
occur.
3. The import prices to be taken into account for the imposition of an
additional import duty shall be determined on the basis of the cif importprices of the shipment concerned.
The cif import prices shall be verified for that purpose on the basis of
representative prices for the product concerned on the world market oron the Community import market for the product.
4. The Commission shall adopt detailed rules for the application of
this Article in accordance with the procedure laid down in Article 38.
Such detailed rules shall specify in particular:
(a) the products to which additional import duties shall be applied, in
accordance with Article 5 of the Agreement on Agriculture;
(b) the other criteria necessary for application of paragraph 1 in
accordance with Article 5 of the said Agreement.
Article 3
1. To the extent necessary to enable the olive oil and colza and rape
seed harvested in the Community to be exported on the basis ofquotations or prices for those products on the world market and within
the limits resulting from agreements concluded in accordance with
Article 228 of the Treaty, the difference between those quotations orprices and prices in the Community may be covered by export refunds.
2. For the allocation of the quantities which may be exported with
refunds, a method shall be established which:
(a) is the best suited to the nature of the product and to the situation on
the market in question, enabling the most efficient use possible to bemade of the available resources, taking account of the efficiency and
structure of Community imports without, however, creating
discrimination between large and small operators;
(b) is the least cumbersome administratively for operators, having
regard to management imperatives;
(c) precludes discrimination between the operators concerned.
3. Refunds shall be the same for the whole Community.They may vary according to destination where the situation on the world
market or the specific requirements of certain markets make thisnecessary. Where olive oil is concerned, the refund may also be fixed atdifferent levels according to quality and presentation where the situationon the world market or the specific requirements of certain marketsmake this necessary.1966R0136 — EN — 01.01.2000 — 002.001 — 8
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Refunds shall be fixed in accordance with the procedure laid down in
Article 38. For olive oil, refunds may be fixed in particular:
(a) at regular intervals;
(b) by invitation to tender if the market situation so warrants. For olive
oil the invitation to tender may be restricted to certain countries ofdestination, certain quantities and qualities and presentations.
Except where fixed by invitation to tender, the amount of the refund
shall be fixed at least once a month. Where necessary, refunds may beadjusted in the intervening period by the Commission at the request of aMember State or on its own initiative.
4. Refunds for olive oil shall be fixed in the light of:
(a) the situation and likely trends:
— on the Community market, with respect to olive oil prices and
supplies,
— on the world market, with respect to olive oil prices;
(b) the limits resulting from the agreements concluded in accordance
with Article 228 of the Treaty.
However, where the situation on the world market does not allow the
most favourable prices for olive oil to be determined, account may betaken of the price on that market of the main competing vegetable oils
and of the gap recorded over a representative period between that price
and the price for olive oil.
The amount of the refund may not exceed the difference between the
price of olive oil in the Community and that on the world market,adjusted if appropriate to take account of the costs of exporting the
products to that market.
5. Refunds for colza and rape seed shall be fixed in the light of:
(a) the prices obtaining in the Community on the different representa-
tive markets for processing and export and the level of market pricesin the Community for colza and rape seed and the likely trends inthese prices;
(b) the situation in the Community regarding the supply of these
products in relation to demand;
(c) the most favourable prices recorded on the various markets of the
importing third countries;
(d) shipment costs on the world market;
(e) the economic aspects of the exports proposed;
(f) the limits arising out of the agreements concluded pursuant to
Article 228 of the Treaty.
6. Refunds shall be granted only on request and on presentation of the
relevant export licence.
7. The refund applicable to exports of olive oil and colza and rape
seed shall be that applicable on the day of application for the licence
and, in the case of a differentiated refund, that applicable on the same
day:
(a) for the destination indicated on the licence, or, if appropriate;
(b) for the actual destination, if it differs from that indicated on the
licence. In that case the amount applic-able may not exceed theamount applicable to the destination indicated on the licence.
Appropriate measures may be taken to preclude abuse of the flexibility
provided for in this paragraph.
8. Paragraphs 6 and 7 may be waived in the case of olive oil and
colza and rape seed on which refunds are paid under food-aid
operations, in accordance with the procedure laid down in Article 38.
9. Compliance with the limits on volumes arising from agreements
concluded in accordance with Article 228 of the Treaty shall be ensuredon the basis of the export certificates issued for the reference periods1966R0136 — EN — 01.01.2000 — 002.001 — 9
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provided for therein and applicable to the products concerned. With
regard to compliance with the obligations arising under the Agreementon Agriculture, the ending of a reference period shall not affect the
validity of export licences.
10. Detailed rules for the application of this Article, including
provisions concerning redistribution of unallocated or unused exportable
quantities, shall be adopted in accordance with the procedure laid downin Article 38.
Article 3a
1. The general rules for the interpretation of the combined
nomenclature and the special rules for its application shall apply tothe tariff classification of products covered by this Regulation; the tariff
nomenclature resulting from the application of this Regulation shall be
incorporated in 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:
— the levying of any charge having equivalent effect to a customs duty,
— the application of any quantitative restriction or measure having
equivalent effect.
Article 3b
1. If, by reason of imports or exports, the Community market in one
or more of the products listed in Article 1 (2) is affected by or its
threatened with, serious disturbance likely to jeopardize the achievementof the objectives set out in Article 39 of the Treaty, appropriatemeasures may be applied in trade with third countries until suchdisturbance or threat of disturbance has ceased.
The Council, acting on a proposal from the Commission in accordance
with the voting procedure laid down in Article 43 (2) of the Treaty, shalladopt general rules for the implementation of this paragraph.
2. If the situation referred to in paragraph 1 arises, the Commission
shall, at the request of a Member State or on its own initiative, decideupon the necessary measures; the Member States shall be notified of
such measures, which shall be immediately applicable. If the Commis-
sion receives a request from a Member State, it shall take a decisionthereon 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 onwhich they were notified. The Council shall meet without delay. It may,acting by a qualified majority, amend or annul the measure in question.
4. This Article shall be applied having regard to the obligations
arising from agreements concluded in accordance with Article 228 (2) ofthe Treaty.
TITLE II
Olive oil
Article 4
1. A production target price shall be fixed for the Community.
That price shall be fixed at the wholesale marketing stage for ordinary
virgin olive oil with a free fatty acid content expressed as oleic acid of
3,3 g/100 g.
2. For the 1998/99 to 2000/01 marketing years, the production target
price provided for in paragraph 1 shall be ECU 383,77/100 kg.1966R0136 — EN — 01.01.2000 — 002.001 — 10
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3. Save as otherwise decided by the Council acting by a qualified
majority on a proposal from the Commission, the olive oil marketingyear shall run from 1 November to 31 October of the following year.
Article 5
1. Production aid shall be granted for olive oil. Such aid shall be
intended to contribute towards establishing a fair income for producers.
The aid shall be granted to olive growers on the basis of the quantity of
olive oil they actually produce.
Without prejudice to the different reductions provided for in the
Community rules, the aid shall be paid in full to the olive growers.
2. For the 1998/99 to 2000/01 marketing years, the unit amount of the
production aid provided for in paragraph 1 shall be ECU 132,25/100 kg.
3. The maximum quantity of olive oil to which the aid provided for in
paragraph 1 shall apply shall be 1 777 261 tonnes per marketing year.
That maximum guaranteed quantity shall be apportioned among the
Member States as follows in the form of NGQs:
— Spain 760 027 tonnes
— France 3 297 tonnes— Greece 4195 29 tonnes— Italy 5431 64 tonnes— Portugal 51 244 tonnes
4. Under conditions to be approved by the Commission in accordance
with the procedure laid down in Article 38, each Member State mayallocate part of its NGQ and of its olive oil production aid to support fortable olives.
In such cases, the NGQ used for applying paragraphs 5 and 6 shall be
the one given in paragraph 3, reduced by a quantity corresponding to the
aid granted to table olives.
5. Where actual production in any marketing year in a Member State
is less than its NGQ:
(a) 20 % of the shortfall shall be distributed among the Member States
which exceeded their NGQs during the same marketing year; thedistribution shall be carried out in proportion to the NGQs of the
beneficiary States; and
(b) 80 % of the shortfall shall be added, solely for the subsequent
marketing year, to the NGQ of the Member State in question.
The residual quantities shall be distributed by the Commission in
accordance with the procedure laid down in Article 38.
6. The aid fixed in paragraph 2 shall be granted in those Member
States whose actual production recognised as eligible for the aid is lower
than or equal to their NGQs, plus any increase in accordance withparagraph 5.
In the other Member States, the unit aid granted shall be equal to the
amount fixed in paragraph 2, multiplied by a coefficient. Thatcoefficient shall be arrived at by dividing the NGQ of the MemberState concerned, plus any increase in accordance with paragraph 5, by
the actual production recognised as eligible for the aid.
7. With aview to checks of the qua ntity of olive oil eligible for the
aid, olive and olive oil yields shall be fixed for each marketing year perhomogeneous production area.
8. Recognised producer organisations and associations thereof may
be associated in the work of determining actual production as referred toin paragraph 5 and of establishing yields as referred to in paragraph 7.1966R0136 — EN — 01.01.2000 — 002.001 — 11
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9. A percentage of the production aid allocated to all or some
producers shall be used to finance regional measures to improve thequality of oil production and its environmental impact in each producer
Member State.
For the 1998/99 to 2000/01 marketing years, the percentage referred to
in the first subparagraph shall amount to 1,4 % of the production aidallocated to olive oil producers.
10. Acting by a qualified majority on a proposal from the
Commission, the Council shall lay down general rules for applyingthis Article.
11. The yields referred to in paragraph 7 and the detailed rules for
applying this Article shall be determined in accordance with the
procedure laid down in Article 38 of this Regulation and, whereapplicable, the procedure laid down in Article 13 of Council Regulation(EEC) No 729/70 of 21 April 1970 on the financing of the commonagricultural policy(
1).
Article 6
The production target price shall be fixed at a level which is fair to
producers, account being taken of the need to keep Community
production at the required level.
Article 11
1. The Community may undertake measures directly or indirectly to
provide information or to promote, in Member States►
M37 ◄, the consumption of olive oil and table olives
produced in the Community.
The measures referred to in the first subparagraph may entail the
following:
(a) dissemination of existing knowledge, in particular regarding the
nutritional qualities of olive oil;
(b) market studies to expand the market for olive oil;
(c) publicity, public relations and promotional campaigns to encourage
the consumption of olive oil, in particular with a view to stressing itsquality, and of products prepared with olive oil;
(d) research work, in particular covering scientific study of the
nutritional aspects of olive oil;
(e) study to assess the results of promotional campaigns.
2. The Commission shall send the Council a programme of the
measures it contemplates undertaking during the following marketing
year(s). With a view to drawing up the programme, the Commissionmay in particular consult bodies specialising in market studies andpublicity campaigns and research institutes.
3. The Commission shall decide on the measures listed in paragraph 1
after consulting the Management Committee for Oils and Fats inaccordance with the procedure laid down in Article 39.1966R0136 — EN — 01.01.2000 — 002.001 — 12
(1) OJ L 94, 28.4.1970, p. 13. Regulation as last amended by Regulation (EC) No
1287/95 (OJ L 125, 8. 6. 1995, p. 1).▼M9
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4. Expenditure incurred on measures referred to in paragraph 1 may
be financed at a rate of 100 % by the Community and shall be deemedintervention within the meaning of Article 3 of Regulation (EEC) No
729/70.
5. Detailed rules for applying this Article shall be adopted in
accordance with the procedure laid down in Article 38.
Article 11a
The individual Member States shall take the necessary steps to penalise
infringements of the aid scheme provided for in Article 5. Whereinfringements are reported by the inspection agencies provided for inCouncil Regulation (EEC) No 2262/84 of 17 July 1984 laying downspecial measures in respect of olive oil(
1), the Member States shall
decide on action to be taken within 12 months of the report.
Member States shall communicate to the Commission the measures
provided for in the first paragraph as soon as they are adopted.
Article 12a
In the event of serious disturbance of the market in certain regions of the
Community, in order to regularise the market, a decision may be taken
in accordance with the procedure laid down in Article 38 to authorise
bodies offering sufficient guarantees, and approved by the MemberStates, to conclude contracts for the storage of olive oil that they market.Among the bodies concerned, priority shall be given to producer groupsand associations thereof recognised in accordance with Regulation (EC)
No 952/97(
2).
The measures referred to in the first paragraph may be implemented
inter alia when the average price recorded on the market during arepresentative period is less than 95 % of the intervention price
applicable during the 1997/98 marketing year.
The amount of the aid granted for the performance of contracts and the
detailed rules for implementing this Article, in particular the quantities,
qualities and duration of storage of the oils concerned, shall be
established by the procedure laid down in Article 38 in such a way as toensure a significant impact on the market. The aid may be granted bymeans of tenders.
Article 13
To mitigate the effects of harvest fluctuations on the balance between
supply and demand and in this way to stabilize consumer prices, theCouncil, acting by a qualified majority on a proposal from theCommission, may require intervention agencies to form a buffer stockof olive oil; it shall, in accordance with the same procedure, lay down
the conditions governing the formation, management and disposal of the
buffer stock.
Article 20
1. Where olive oil is exported to third countries and world prices are
higher than the Community price, a levy to cover the difference may becharged.1966R0136 — EN — 01.01.2000 — 002.001 — 13
(1) OJ L 208, 3. 8. 1984, p. 11. Regulation as last amended by Regulation (EC)
No 2599/97 (OJ L 351, 23. 12. 1997, p. 17).
(2) OJ L 142, 2. 6. 1997, p. 30.▼M9
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3. The export levy shall be fixed by the Commission.
4. The detailed rules for the application of this Article shall be
adopted in accordance with the procedure laid down in Article 38.
Article 20a
1. Olive oil used for the manufacture of preserved fish falling within
CN code 1604, with the exception of subheading 1604 30, preservedcrustaceans and molluscs falling within CN code 1605 and preservedvegetables falling within CN codes 2001, 2002, 2003, 2004 and 2005,shall benefit from a system of production refunds.
2. The amount of the refund shall be fixed on the basis of the
difference between the prices obtaining on the world market and on the
Community market. To that end the following shall be taken into
account:
— the import charge applicable to olive oil falling within subheading
CN 1509 90 00 during areference period;
— the factors taken into consideration when fixing the export refunds
valid for olive oil falling within subheading CN 1509 90 00 during areference period.
3. The refund previously fixed shall be maintained where thedifference between that refund and the new one does not exceed an
amount to be determined.
5. Entitlement to the refund shall be acquired at the time the oil is
used in the manufacture of preserves. The Member States shall ensure,
by means of monitoring arrangements, that the refund is granted solely
for olive oil used for the manufacture of the preserves referred to inparagraph 1.
6. The production refund shall be fixed every two months by the
Commission.
7. The detailed rules for the application of this Article, and in
particular those concerning the monitoring arrangements referred to inparagraph 5, shall be adopted in accordance with the procedure laiddown in Article 38.
Article 20c
1. The producer groups recognized within the meaning of this
Regulation must:
(a) consist of individual growers and/or organizations engaged in
producing, processing or marketing olives and olive oil andconsisting solely of olive growers;
(b) be capable of verifying the olive and olive-oil production of their
members;
(c) where they do not belong to a recognized association:
— be empowered to submit an application for production aid on
behalf of all their member growers,
— be empowered to receive the aid and to share it out among their
members;1966R0136 — EN — 01.01.2000 — 002.001 — 14
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(d) where they belong to an association, be empowered to provide the
association with a statement of the production of each membergrower, for the purposes of the application for aid;
(e) ha ve aminimum number of members or represent aminimum
percentage of growers or of oil production in the region in which
they have been set up;
(f) exercise no discrimination, in any of their activities, between
producers who are eligible to become members, in particular ongrounds of nationality or location of establishment;
(g) have statutes which include provisions to ensure that the members of
a group who wish to withdraw from membership may do so:
— after they have been members of the group for a minimum of
three years following recognition thereof,
— and on condition that they inform the group in writing of their
intention to withdraw not less than 12 months before so doing.
2. Recognized associations of groups within the meaning of this
Regulation must:
(a) be composed solely of groups as referred to in paragraph 1;
(b) be able to coordinate and to verify the activities of the groups which
make up the associations;
(c) be empowered to submit a single aid application on behalf of all the
producers who are members of the groups;
(d) be empowered to receive the aid and to share it out among the
producers referred to in (c);
(e) be composed of aminimum number of groups or represent a
minimum percentage of production in the Member State concerned;
(f) have statutes which include provisions to ensure that the members of
an association who wish to withdraw from membership may do so:
— after they have been members of the association for a minimum
of three years following recognition thereof,
— and on condition that they inform the association in writing of
their intention to withdraw not less than 12 months before sodoing.
3. Recognition shall be withdrawn from a group or association where
the conditions for recognition have not been fulfilled or are no longerfulfilled.
4. The Council, acting by a qualified majority on a proposal from the
Commission, shall adopt the general implementing rules of this Article.
Detailed rules for the application of this Article shall be adopted in
accordance with the procedure laid down in Article 38.
Article 20d
1. A percentage of the production aid shall be withheld from the
amount paid to recognised producer groups and associations thereofunder this Regulation. The resulting amount shall help finance activitiesunder Article 5(7) and Article 20c.
For the 1998/99 to 2000/01 marketing years, the percentage of the
production aid referred to in the first subparagraph shall be 0,8 %.
2. On submission of an aid application by an association, the Member
State concerned shall be authorized to pay to the association an advance
to be determined on the amount of the aid.1966R0136 — EN — 01.01.2000 — 002.001 — 15
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4. Detailed rules for the application of this Article shall be adopted in
accordance with the procedure laid down in Article 38.
TITLE III
Other vegetable oils and oil seeds produced in the Community
Article 21
The oil seeds to which the provisions of Articles 22 to 29 shall apply
are:
— colza and rape seed,
— sunflower seed.
The Council, acting in accordance with the voting procedure laid down
in Article 43 (2) of the Treaty on a proposal from the Commission, may
decide to extend these provisions to other oil seeds.
Article 22
1. Before 1 August of each year, a target price and a basic
intervention price shall be fixed for the Community for each speciesof oil seed.
2. Subject to Article 25, these prices shall remain in force throughout
the marketing year beginning in the following year. They shall relate toa standard quality and shall be fixed at the wholesale marketing stage,
ex-warehouse, not unloaded.
3. Save as otherwise decided by the Council, acting by a qualified
majority on a proposal from the Commission,
— the marketing year for colza and rape seed shall run from 1 July to
30 June;
— the marketing year for sunflower seed shall run from 1 August to
31 July.
4. The Council shall adopt the prices referred to in paragraph 1, in
accordance with the procedure provided for in Article 43 (2) of theTreaty, as well as the standard quality to which these prices shall refer.
Article 23
Target prices shall be fixed at a level which is fair to producers, account
being taken of the need to keep Community production at the requiredlevel.
Article 24
1. The intervention price shall be fixed by reducing the target price:
— by a component which allows for market fluctuations,
— by a component which takes account of the cost of transporting the
seed from the production areas to the areas where it is used.
These two components shall be those which apply in the case of a
normal harvest.
2. The intervention centres shall be determined, after consultation
with the Member States concerned, in accordance with the procedureprovided for in Article 38.1966R0136 — EN — 01.01.2000 — 002.001 — 16
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Article 24a
1. The target, intervention and intervention buying-in prices for
‘double zero’ rape seed shall be increased by a supplement.
2. The amount of the supplement shall be fixed in such a way as to
improve the Community's supply of ‘double zero’ seeds.
This amount shall be fixed by the Council at the same time and in
accordance with the same procedure as the target and intervention
prices.
3. The detailed rules for the application of this Article, more
especially the conditions with which seeds must comply in order toqualify as ‘double zero’ varieties, shall be adopted in accordance with
the procedure laid down in Article 38.
Article 25
To enable sales to be staggered, the target prices, the intervention prices
and the intervention buying-in prices shall be increased each month for aperiod to be determined of at least five months running from thebeginning of the fifth month of the marketing year for rape seed andfrom the beginning of the fourth month of the marketing year for
sunflower seed by the same amount for all three prices.
The monthly increases, which shall be the same for each month, shall be
fixed each year by the Council acting in accordance with the votingprocedure laid down in Article 43 (2) of the Treaty on a proposal fromthe Commission, account being taken of average storage costs andinterest charges in the Community.
Article 26
1.►
M26Intervention agencies shall buy in from 1 November to 31
May and, with regard to sunflower seed offered for intervention in Spainand Portugal, from 1 August to 30 April, on terms laid down as providedfor in paragraphs 2 and 3, seed of Community origin offered to them.
The buying-in price shall be 94 % of the intervention price.
Where appropriate, it shall be subject to the monthly increases, to the
supplement indicated in Article 24a and to the adjustment indicated in
Article 27a(4). ◄
If, however, the quality of the seeds offered to the intervention agency
does not correspond to that for which the intervention price was fixed,the buying-in price shall be adjusted by means of a scale of priceincreases and reductions.
Furthermore, if at the request of the intervention agency the seeds are
delivered to a place other than the centre indicated by the seller when theoffer is made, the resulting change in transport costs to the seller shall betaken into account when payment is being effected.
2. The Council, acting by a qualified majority on a proposal from the
Commission, shall lay down the conditions for intervention and in
particular the principles governing the disposal by intervention agenciesof seeds bought in by them.
3. Detailed rules for the application of this Article, and in particular
those concerning the quality and size of the consignments offered, shallbe adopted in accordance with the procedure laid down in Article 38.1966R0136 — EN — 01.01.2000 — 002.001 — 17
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Article 27
1. If the target price for, a type of seed is higher than the world
market price determined as specified in Article 29, aid shall be grantedfor seed harvested and processed in the Community. Subject to
exceptions decided on under paragraph 3 and without prejudice to
Article 27a, the aid shall be the difference between these prices.
The aid to be granted for ‘double zero’ colza and rape seed shall be
determined on the basis of the target price increased by the supplementprovided for in Article 24 (a).
2. Where entitlement to the subsidy provided for in paragraph 1 is
acquired during the first two months of the marketing year, a furtherallowance for early marketing may be granted.
3. The Council, acting in accordance with the voting procedure laid
down in Article 43 (2) of the Treaty on a proposal from the Commission,
shall lay down:
(a) the principles governing the grant of the subsidy provided in
paragraph 1;
(b) the principles governing the fixing of the amount of the subsidy
under abnormal conditions;
(c) rules for checking entitlement to the subsidy; these may cover seeds
of Community origin and seeds imported from third countries; in thecase of the latter provision may be made for a system of importlicences accompanied by a deposit;
(d) the conditions under which advance fixing of the amount of the
subsidy may be allowed;
(e) provisions for the application of paragraph 2.
4. The amount of the subsidy shall be fixed by the Commission.5. Detailed rules for the application of this Article shall be adopted in
accordance with the procedure laid down in Article 38.
Article 27a
1. The Council, acting in accordance with the procedure laid down in
Article 43 (2) of the Treaty, shall fix, for periods of three marketingyears, and beginning with the 1988/89, 1989/90 and 1990/91 marketingyears, maximum guaranteed quantities for Community colza and rapeseed and Community sunflower seed.
Notwithstanding the preceding subparagraph, the Council shall fix the
maximum guaranteed quantities, for the 1991/92 marketing year only, at
the same level as for the 1990/91 marketing year.
2. The maximum guaranteed quantities for rape and sunflower seed
shall be determined in the light of the quantities produced during areference period and the anticipated level of demand.
3. Where the estimate of rape or sunflower seed production made
►
M30before the end of October ◄exceeds the maximum guaranteed
quantity for the seed concerned and for the marketing year in question,the amount of the aid for that marketing year shall be reduced by the
incidence on the target price of a coefficient which reflects the extent of
the difference.
Where application of the foregoing subparagraph to actual production
instead of to the production estimated at the beginning of the marketingyear would result in a different reduction in the amount of the aid fromthat actually applied, the amount of aid for the following marketing yearshall be adjusted to take account of that situation.1966R0136 — EN — 01.01.2000 — 002.001 — 18
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Notwithstanding the first and second subparagraphs, the adjustment of
the amount of aid for rapeseed produced in Spain for the 1991/92marketing year shall be fixed so that the adjusted target price is the same
in Spain as in the Community as constituted at 31 December 1985.
3a. When production is estimated and established, the quantities
harvested on the territory of the former German Democratic Republic
shall not be taken into account for the purposes of this Article.
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 with the procedure laid down in Article 38.
Article 29
The world market price, calculated for a Community frontier crossing
point, shall be determined on the basis of the most favourablepurchasing opportunities prices being adjusted where appropriate, to
take the prices of competing products into account. The criteria for such
determination shall be laid down and the frontier crossing point to befixed for each species of seed shall be specified by the Council acting inaccordance with the voting procedure laid down in Article 43 (2) of theTreaty on a proposal from the Commission.
Article 30
For a period of five years from the date on which it abolishes national
measures having the effect of increasing prices for vegetable oils otherthan olive oil, each Member State may grant subsidies for the extractionof oil from the pips of grapes harvested within the Community.
Article 31
Until such time as a common agricultural policy for flax is put into
effect, Member States may grant subsidies on the production of linseedfor oil extraction.
Article 32
The subsidies provided for in Articles 30 and 31 may be granted only in
respect of products which have benefited from direct or indirect pricesupport in the Member State concerned during the marketing yearpreceding the date on which this Regulation begins to apply.
The subsidies must be granted from the first marketing year in which
this Regulation is applied and only to the extent necessary to maintain
this price support.
Member States shall communicate to the Commission any information
concerning the introduction, calculation and granting of these subsidies
before they become operative.
TITLE IV
General provisions
Article 33
Save as otherwise provided in this Regulation, Articles 92, 93 and 94 of
the Treaty shall apply to the production of and trade in the productslisted in Article 1.1966R0136 — EN — 01.01.2000 — 002.001 — 19
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Article 34
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 fornationally produced olive oil shall be incompatible with the application
of this Regulation to the products listed in Article 1 (2) (c).
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 with third countries.
2. Only 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:
—►C2for 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 definitions set 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 accordancewith the procedure laid down in Article 38 to extend for one or severalof the products in question the date of 31 December 1989 laid down inparagraph 3. Such extension may not exceed two years.
Article 35a
1. Marketing standards covering in particular quality grading,
packaging and presentation may be laid down in respect of the productsreferred to in Article 1.
Where such standards are laid down, the products to which they apply
may be marketed 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. They shall notify the Commission of the arrangementsthey have introduced for the purpose of applying this paragraph.
3. The marketing standards shall be adopted in accordance with the
procedure laid down in Article 38. They shall take into account technicalproduction and marketing requirements and changes in the methods usedfor determining the physical, chemical and organoleptic characteristics
of the products referred to in Article 1. 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 same procedure.
Article 36
The Council, acting in accordance with the voting procedure laid down
in Article 43 (2) of the Treaty on a proposal from the Commission, mayalter the list of products set out in Article 1 or adopt in respect of themany measures derogating from this Regulation to take account of specialconditions which may affect these products.1966R0136 — EN — 01.01.2000 — 002.001 — 20
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Article 36a
1. Olive oil supplied as food aid shall be purchased on the
Community market or shall come from stocks held by the interventionagencies.
Vegetable oils specified in Article 1 (2) (b) which are supplied as food
aid shall be purchased on the Community market.
2. However, in an emergency or in the event of unavailability on the
Community market, the products specified in paragraph 1 may bepurchased in a developing country.
3. The criteria for mobilizing the products, and especially the criteria
for purchasing the products on the Community market or for deciding onthe use of olive oil held by the intervention agencies, shall be adopted bythe Council acting by a qualified majority on a proposal from the
Commission.
4. Detailed rules for the mobilization and delivery of products
supplied as food aid shall be adopted in accordance with the procedure
laid down in Article 38.
Article 37
1. A Management Committee for Oils and Fats (hereinafter called the
‘Committee’) shall be established, consisting of representatives ofMember States and presided over by a representative of the Commis-sion.
2. Within the Committee the votes of Member States shall be
weighted in accordance with Article 148 (2) of the Treaty. The
Chairman shall not vote.
Article 38
1. Where the procedure laid down in this Article is to be followed,
the Chairman shall refer the matter to the Committee either on his owninitiative or at the request of the representative of a Member State.
2. The representative of the Commission shall submit to the
Committee a draft of the measures to be taken. The Committee shalldeliver its opinion on the draft within a time limit which the Chairman
may lay down according to the urgency of the matter. The opinion shall
be delivered by the majority laid down in Article 148 (2) of the Treaty inthe case of decision which the Council is required to adopt on a proposalfrom the Commission. The votes of the Committee shall be weighted inthe manner set out in that Article. The Chairman shall not vote.
3. The Commission shall adopt measures which shall apply
immediately. However, if these measures are not in accordance withthe Opinion of the Committee, they shall forthwith be communicated by
the Commission to the Council. In that event the Commission may defer
application of the measures which is has adopted for not more than onemonth from the date of such communication.
The Council, acting in accordance with the voting procedure laid down
in Article 43 (2) of the Treaty, may take a different decision within onemonth.
Article 39
The Committee may consider any other question referred to it by its
Chairman either on his own initiative or at the request of the
representative of a Member State.
Article 40
At the end of the transitional period, the Council, acting in accordance
with the voting procedure laid down in Article 43 (2) of the Treaty on aproposal from the Commission, shall decide in the light of experiencewhether to retain or amend the provisions of Article 38.1966R0136 — EN — 01.01.2000 — 002.001 — 21
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Article 41
1. Council Regulation No 25(1) on the financing of the common
agricultural policy and the provisions adopted in implementation thereofshall apply to the market in the products listed in Article 1 from the dateon which this Regulation begins to apply.
2. The compensatory amounts provided for in Article 3 (6) shall be
considered as levies in relation to third countries within the meaning ofArticle 11 (4) of Council Regulation No 130/66/EEC(
2) on the financing
of the common agricultural policy.
Article 42
This Regulation shall be so applied that appropriate account is taken, at
the same time, of the objectives set out in Articles 39 and 110 of theTreaty.
Article 42a
The Common Customs Tariff annexed to Regulation (EEC) No 950/68
is hereby amended as follows:
CCT
heading
NoDescriptionRate of duty
Autonomous % or
levy (L)Conventional %
12 3 4
07.01 N. Olives
II. Other 7 (L) —
07.03 A. Olives:
II. Other 8 (L) —
23.04 A. Oil cake and other residues resulting from
the extraction of olive oil:
I. Containing 3 % or less by weight of
olive oilFree —
II. Containing more than 3 % by weight
of olive oilFree (L) —
Article 42b
1. By 30 June 1985 at thes latest, the Commission shall forward to
the Council areport with aview to its exa mina tion of the specificmeasures to be adopted where appropriate for table olives falling withinsubheadings 07.01 N I, ex 07.02 A, 07.03 I, ex 07.04 B,
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2. The Council, acting by a qualified majority on a proposal from the
Commission, shall adopt the specific measures referred to in paragraph 1
by 31 December 1985 at the latest.
Article 43
This Regulation shall enter into force on the day following its
publication in the Official Journal of the European Communities .
It shall apply to the products listed in Article 1 (2) (c), (d) and (e) from 1
November 1966 and to the other products listed in Article 1 from 1 July1967.1966R0136 — EN — 01.01.2000 — 002.001 — 22
(1) OJ No 30, 20.4.1962, p. 991/62.
(2) OJ No 165, 21.9.1966, p. 2965/66.▼M9
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Should transitional measures be necessary to facilitate the transition
from the system in force in the Member States to that established by thisRegulation, in particular if the introduction of this system on the dates
provided for would give rise to substantial difficulties in respect of
certain products, such measures shall be adopted in accordance with theprocedure laid down in Article 38.
Their validity shall be limited to the first year of application of this
Regulation to each product.
This Regulation shall be binding in its entirety and directly applicable in
all Member States.1966R0136 — EN — 01.01.2000 — 002.001 — 23
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ANNEX
DESCRIPTIONS AND DEFINITIONS OF OLIVE OILS AND
►C3 OLIVE-POMACE ◄OILS REFERRED TO IN ARTICLE 35
1.Virgin olive oils:
Oils obtained from the fruit of the olive tree solely by mechanical or other
physical means under conditions, parti-cularly thermal conditions, that do not
lead to alterations in the oil, which have not undergone any treatment other
than washing, decantation, centrifugation and filtration, to the exclusion of oils
obtained using solvents or re-esterification processes and any mixture with oils
of other kinds.
Virgin olive oils are classified and described as follows:
(a) Extra virgin olive oil:
Virgin olive oil having a maximum free acidity, in terms of oleic acid, of
1 g per 100 g, the other characteristics of which comply with those laid
down for this category.
(b) Virgin olive oil (the expression ‘fine virgin oil’ may be used at the
production and wholesale stage):
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) Ordinary virgin olive oil:
Virgin olive oil having a maximum free acidity, in terms of oleic acid, of
3,3 g per 100 g, the other characteristics of which comply with those laid
down for this category.
(d) Lampante virgin olive oil:
Virgin olive oil having a free acidity, in terms of oleic acid, of more than
3,3 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 acid content
expressed as oleic acid of not more than 0,5 g per 100 g and the other
characteristics which comply with those laid down for this category.
3.Olive oil:
Olive oil obtained by blending refined olive oil and virgin olive oil other than
lampante oil, having a free acid content expressed as oleic acid of not more
than 1,5 g per 100 g and the other characteristics which comply with those laid
down for this category.
4.Crude olive-pomace oil:
Oil obtained by treating ►C3olive-pomace oil ◄with solvents, excluding
oil obtained by means of re-esterification and mixtures with other types of oils,
and the other characteristics which comply with those laid down for this
category.
5.Refined olive-pomace oil:
Oil obtained by refining crude ►C3olive-pomace ◄oil having a free acid
content expressed as oleic acid of not more than 0,5 g per 100 g and the other
characteristics which comply with those laid down for this category.
6.►C3 Olive-pomace oil ◄
Oil obtained by blending refined ►C3olive-pomace ◄oil and virgin olive
oil other than lampante oil, having a free acid content expressed as oleic acid
of not more than 1,5 g per 100 g and the other characteristics which comply
with those laid down for this category.1966R0136 — EN — 01.01.2000 — 002.001 — 24
▼M36
▼M31