136/66 - - - I
1This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
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 No 172, 30. 9. 1966, p. 3025/66)
Amended by:
Official Journal
No page date
Regulation (EEC) No 2146/68 of the Council of 20 December 1968 L 314 1 31. 12. 1968
Regulation (EEC) No 1253/70 of the Council of 29 June 1970 L 143 1 1. 7. 1970Regulation (EEC) No 2554/70 of the Council of 15 December 1970 L 275 5 19. 12. 1970Regulation (EEC) No 2727/71 of the Council of 20 December 1971 L 282 8 23. 12. 1971Regulation (EEC) No 1547/72 of the Council of 18 July 1972 (*) L 165 1 21. 7. 1972Regulation (EEC) No 1707/73 of the Council of 26 June 1973 L 175 5 29. 6. 1973Council Regulation (EEC) No 2560/77 of 7 November 1977 L 303 1 28. 11. 1977Council Regulation (EEC) No 1419/78 of 20 June 1978 L 171 8 28. 6. 1978Council Regulation (EEC) No 1562/78 of 29 June 1978 L 185 1 7. 7. 1978Council Regulation (EEC) No 590/79 of 26 March 1979 L 78 1 30. 3. 1979Council Regulation (EEC) No 1585/80 of 24 June 1980 L 160 2 26. 6. 1980Council Regulation (EEC) No 1917/80 of 15 July 1980 L 186 1 19. 7. 1980Council Regulation (EEC) No 3454/80 of 22 December 1980 L 360 16 31. 12. 1980Council Regulation (EEC) No 1413/82 of 18 May 1982 L 162 6 12. 6. 1982Council Regulation (EEC) No 1097/84 of 31 March 1984 L 113 1 28. 4. 1984Council Regulation (EEC) No 1101/84 of 31 March 1984 L 113 7 28. 4. 1984Council Regulation (EEC) No 1556/84 of 4 June 1984 L 150 5 6. 6. 1984Council Regulation (EEC) No 2260/84 of 17 July 1984 L 208 1 3. 8. 1984Council Regulation (EEC) No 231/85 of 29 January 1985 L 26 12 31. 1. 1985Council Regulation (EEC) No 3768/85 of 20 December 1985 L 362 8 31. 12. 1985Council Regulation (EEC) No 1454/86 of 13 May 1986 L 133 8 21. 5. 1986Council Regulation (EEC) No 1915/87 of 2 July 1987 L 183 7 3. 7. 1987Commission Regulation (EEC) No 3994/87 of 23 December 1987 L 377 31 31. 12. 1987Council Regulation (EEC) No 1098/88 of 25 April 1988 L 110 10 29. 4. 1988Council Regulation (EEC) No 2210/88 of 19 July 1988 L 197 1 26. 7. 1988
(*) This Act was never published in English.
136/66 - - - I
2Council Regulation (EEC) No 1225/89 of 3 May 1989 L 128 15 11. 5. 1989
Council Regulation (EEC) No 2902/89 of 25 September 1989 L 280 2 29. 9. 1989Council Regulation (EEC) No 3499/90 of 27 November 1990 L 338 1 5. 12. 1990Council Regulation (EEC) No 3577/90 of 4 December 1990 L 353 23 17. 12. 1990Council Regulation (EEC) No 1720/91 of 13 June 1991 L 162 27 26. 6. 1991Council Regulation (EEC) No 356/92 of 10 February 1992 L 39 1 15. 2. 1992Council Regulation (EEC) No 2046/92 of 30 June 1992 L 215 1 30. 7. 1992Council Regulation (EC) No 3179/93 of 16 November 1993 L 285 9 20. 11. 1993Council Regulation (EC) No 3290/94 of 22 December 1994 L 349 105 31. 12. 1994Council Regulation (EC) No 1581/96 of 30 July 1996 L 206 11 16. 8. 1996Council Regulation (EC) No 1638/98 of 20 July 1998 L 210 32 28. 7. 1998
Amended
by:
A1 Act of Accession of Denmark, Ireland and the United Kingdom of Great
Britain and Northern IrelandL 73 59 27. 3. 1972
(adapted by Council Decision of 1 January 1973) L 2 1 1. 1. 1973
A2 Act of Accession of Greece L 291 64 19. 11. 1979A3 Act of Accession of Spain and Portugal L 302 231 15. 11. 1985A4 Act of Accession of Austria, Sweden and Finland C 241 155 29. 8. 1994
(adapted by Council Decision 95/1/EC, Euratom, ECSC) L 1 105 1. 1. 1995
Corrected
by:
C1 Corrigendum, OJ No L 304, 27. 10. 1987, p. 46 (1915/87)
C2 Corrigendum, OJ No L 326, 17. 11. 1987, p. 32 (1915/87)
C3 Corrigendum, OJ No L 14, 22. 1. 1993, p. 29 (356/92)
136/66 - - - I
IREGULATION 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 T reaty 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 Parlia-
ment (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 large extent on the world
market for supplies; whereas this situation generally jus-
tifies the removal of the various import barriers and their
replacement, except where certain olive oil products are
concerned, by the Common Customs T ariff, which makes it
easier for industries to obtain supplies by allowing raw ma-
terials to enter the Community duty free while duties on
finished products serve to protect these industries and se-
cure 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 causedeither by certain imports from third countries or by dispa-
rities, resulting from action by third countries, between
prices for products derived from oil seeds and oleaginous
fruit and prices for these seeds and fruit; whereas these
disturbances are seriously prejudicial to the interests of
producers and processing industries; whereas provision
must therefore be made for appropriate measures to rem-
edy this situation, international commitments being taken
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 might decline if
there was a substantial fall in the price of competing oils;
whereas, furthermore, other oils and oil seeds are in direct
competition with oils and oil seeds imported from third
countries at a reduced rate of duty or duty-free;
(1) OJ No 119, 3. 7. 1965, p. 2040/65.
136/66 - - - I
IIWhereas olive growing and olive oil production are of
special economic importance in certain regions of the
Community, where they often constitute the most import-
ant source of income for a large proportion of the popula-
tion; whereas olive oil is the most important source of oil
and fats for large categories of consumers; whereas the
growing of oil seeds, in particular colza, rape and sun-
flower seeds, contributes to the viability of farms by mak-
ing it possible to improve technical and financial equilib-
rium; whereas it is therefore necessary to support these
activities by 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 a target price in the
case of oil seeds; whereas the difference between these
prices and prices acceptable to the consumer representsthe subsidy which 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 therefore possible, prices for competing
products being taken into account, to determine a market
target price that will, as a general rule, provide the pro-
ducer with a large proportion of the requisite income in
the form of receipts from sales;
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 to the market price; whereas stabil-
ishing (SIC! stabilising) machinery should therefore be pro-
vided 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 to competent agencies of the
Member States; whereas, because of the geographical con-
centration of production and consumption, the intervention
price to be paid for oil by intervention agencies can be the
same in 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 fluctu-
ations in production, provision should be made for the
possibility of entrusting intervention agencies with the task
of forming a buffer stock;
136/66 - - - I
IIIWhereas, in order to stabilise the Community market at
the desired level, notably by ensuring that fluctuations in
world market prices do not affect prices within the Com-
munity, provision should be made for charging an import
levy corresponding to the difference between the threshold
price derived from the market target price and prices rul-
ing 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 re-
sulting from the extraction of olive oil and olives for oil
production;
Whereas, in the case of olive oil used in the manufacture
of preserved fish and vegetables, the levy must be sus-
pended or a refund granted to enable 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 market disturbances;
whereas provision should therefore be made for dealing
with such a situation;
Whereas, as far as oil seeds are concerned, farmers can be
protected against any risks which may arise, despite the
proposed system of subsidies, from the unsettled state of
the market by intervention machinery involving the buying-
in of quantities offered to the competent agencies at inter-
vention prices which must, because the area of production
is extensive and processing centres few, be fixed in the
light of natural conditions of price formation;
Whereas the list of seeds to be covered by the system de-
scribed above must be drawn up in such a way as to in-
clude the species which are most widely grown at the pres-
ent time; whereas provision should however be made for
the possibility of extending this system to other seeds
where experience shows this to be necessary;
Whereas the abolition of measures encouraging the pro-
duction of grape-pip oil in certain Member States calls for
the adoption of special measures to enable the industry
concerned to adapt to new market conditions;
136/66 - - - I
IVWhereas 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 T reaty; whereas, until
such time as a common agricultural policy for flax is put
into effect, an exception must be made in respect of sub-
sidies on 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 in Articles 39 and 110 of the
Tr e a t y ;
Whereas, in order to facilitate implementation of the pro-
posed measures, a procedure should be provided for estab-
lishing close co-operation between Member States and the
Commission within a Management Committee;
HAS ADOPTED THIS REGULATION:
136/66 - - - I
1Article 1
1. A common organization of the market in oil seeds,
oleaginous fruit, vegetable oils and fats, and oils and fats
of fish or marine mammals 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 bro-
ken, 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 bro-
ken, 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, oth-
er 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 Shea nuts (Karite 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, wheth-
er or not broken, other than for sowing1562/78
3994/87
136/66 - - - I
2CN code Description of goods
(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 modified
1513 Coconut (copra), palm kernel or babassu
oil and fractions thereof, whether or not re-
fined, 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 (exclud-
ing jojoba oil: 1515 60) and their fractions,
w h e t h e ro rn o tr e f i n e d ,b u tn o tc h e m i c a l l y
modified
ex 1516 Animal or vegetable fats and oils and their
fractions, partly or wholly hydrogenated, in-
ter-esterified, re-esterified or elaidinised,
whether or not refined, but not further pre-pared, (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 ortheir fractions of heading No 1516, exclud-
ing subheadings 1517 10 10, 1517 90 10 and
1517 90 93
1518 00 311518 00 39
Fixed vegetable oils, fluid, mixed for techni-
cal or industrial uses other than the
manufacture of foodstuffs for human con-
sumption3994/87
136/66 - - - I
3CN code Description of goods
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 ofolive oil
15 22 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, re-
sulting 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, re-
sulting 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, re-
sulting from the extraction of vegetable fats
or oils, other than those of headingNo 2304 or 2305, excluding oil cake and
other residues resulting from the extraction
of olive oil falling within subheading2306 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 fractions with oils orfractions 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 chilled
0710 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 immediateconsumption
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
t h a nb yv i n e g a ro ra c e t i ca c i d ,f r o z e n3994/87
136/66 - - - I
4CN code Description of goods
2005 70 00 Olives prepared or preserved otherwise
t h a nb yv i n e g a ro ra c e t i ca c i d ,n o tf r o z e n
e) 1522 00 39
1522 00 39
Residues resulting from the treatment of
fatty substances or animal or vegetable
waxes containing oil having the characteris-
tics of olive oil
2306 90 112306 90 19
Oil-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 li-
cences.
Licences shall be issued by the Member States to any ap-
plicant, irrespective of his place of establishment in the
Community and without prejudice 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 security guaranteeing that the products are
imported or exported during the term of validity of thelicence; save in cases of force majeure, the security shall
be forfeited in whole or in part if import or export is not
carried out, 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 the procedure laid down in Article 38.
Article 2a
1. Save as otherwise provided for in this Regulation, the
rates of duty in the Common Customs T ariff shall apply to
the products listed in Article 1 (2).3994/87
3290/94
1581/96
136/66 - - - I
52. Paragraph 1 notwithstanding, should the market price
for olive oil in the Community appreciably exceed the pro-
duction target price, less production aid and an amount
taking account of market variations and the costs of trans-
porting 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
supplied with olive oil through imports from non-member
countries, the Commission may, in accordance with the
procedure laid down in Article 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 managing any 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 year in question.
Article 2b
1. Without prejudice to Article 10 (2), in order to pre-
vent or counteract adverse effects on the market in the
Community which may result from imports of certain prod-
ucts 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 set out in Article 5 of the Agreement on Agri-
culture concluded in accordance with Article 228 of the
T reaty in the framework of the Uruguay Round of multi-
lateral trade negotiations have been fulfilled unless the im-
ports are unlikely to disturb the Community market, or
where the effects would be disproportionate to the in-
tended objective.
2. The trigger prices below which an additional import
duty may be imposed shall be those notified by the Com-
munity to the World T rade Organization.
The trigger volumes which must be exceeded for an addi-
tional import duty to be imposed shall be determined in
particular on the bases of Community 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 deter-
mined on the basis of the cif import prices of the shipment
concerned.1581/96
1638/98
3290/94
136/66 - - - I
6The cif import prices shall be verified for that purpose on
the basis of representative prices for the product con-
cerned on the world market or on the Community import
market for the product.
4. The Commission shall adopt detailed rules for the ap-
plication 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 Agree-
ment on Agriculture;
(b) the other criteria necessary for application of para-
graph 1 in accordance with Article 5 of the said
Agreement.
Article 3
1. T o the extent necessary to enable the olive oil and
colza and rape seed harvested in the Community to be ex-
ported on the basis of quotations or prices for those prod-
ucts on the world market and within the limits resulting
from agreements concluded in accordance with Article 228
of the T reaty, the difference between those quotations or
prices and prices in the Community may be covered byexport refunds.
2. For the allocation of the quantities which may be ex-
ported 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 be made of the avail-
able resources, taking account of the efficiency and
structure of Community imports without, however,
creating discrimination between large and small oper-
ators;
(b) is the least cumbersome administratively for oper-
ators, having regard to management imperatives;
(c) precludes discrimination between the operators con-
cerned.
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 this necessary. Where olive oil is concerned,
the refund may also be fixed at different levels according
to quality and presentation where the situation on the
world market or the specific requirements of certain
markets make this necessary.
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 war-
rants. For olive oil the invitation to tender may be
restricted to certain countries of destination, certainquantities and qualities and presentations.3290/94
136/66 - - - I
7Except where fixed by invitation to tender, the amount of
the refund shall be fixed at least once a month. Where
necessary, refunds may be adjusted in the intervening
period by the Commission at the request of a Member
S t a t eo ro ni t so w ni n i t i a t i v e .
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 T reaty.
However, where the situation on the world market does
not allow the most favourable prices for olive oil to be
determined, account may be taken of the price on that
market of the main competing vegetable oils and of thegap recorded over a representative period between that
p r i c ea n dt h ep r i c ef o ro l i v eo i l .
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 ac-
count 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 differ-
ent representative markets for processing and export
and the level of market prices in the Community for
colza and rape seed and the likely trends in these
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 T reaty.
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 ap-
plication 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 ap-
propriate;3290/94
136/66 - - - I
8(b) for the actual destination, if it differs from that indi-
cated on the licence. In that case the amount applic-
able may not exceed the amount 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 T reaty shall be ensured on the basis of the export cer-
tificates issued for the reference periods provided for
therein and applicable to the products concerned. With re-
gard to compliance with the obligations arising under the
Agreement on Agriculture, the ending of a referenceperiod shall not affect the validity of export licences.
10. Detailed rules for the application of this Article, in-
cluding provisions concerning redistribution of unallocated
or unused exportable quantities, shall be adopted in ac-
cordance with the procedure laid down in Article 38.
Article 3a
1. The general rules for the interpretation of the com-
bined nomenclature and the special rules for its application
shall apply to the tariff classification of products covered
by this Regulation; the tariff nomenclature resulting from
the application of this Regulation shall be incorporated 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 disturb-
ance likely to jeopardize the achievement of the objectives
set out in Article 39 of the T reaty, appropriate measures
may be applied in trade with third countries until such dis-
turbance or threat of disturbance has ceased.3290/94
136/66 - - - I
9The Council, acting on a proposal from the Commission in
accordance with the voting procedure laid down in Ar-
ticle 43 (2) of the T reaty, shall adopt 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, decide upon the necessary measures; the
Member States shall be notified of such measures, which
shall be immediately applicable. If the Commission re-
ceives a request from a Member State, it shall take a deci-
sion thereon within three working days following receipt of
the request.
3. Measures decided upon by the Commission may be
referred to the Council by any Member State within three
working days of the day on which they were notified. The
Council shall meet without delay. It may, acting by a quali-
fied majority, amend or annul the measure in question.
4. This Article shall be applied having regard to the ob-
ligations arising from agreements concluded in accordance
with Article 228 (2) of the T reaty.
TITLE II
Olive oil
Article 4
1. A production target price shall be fixed for the Com-
munity.
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 pro-
duction target price provided for in paragraph 1 shall be
ECU 383,77/100 kg.
3. Save as otherwise decided by the Council acting by a
qualified majority on a proposal from the Commission, the
olive oil marketing year 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.3290/94
1562/78
1638/98
136/66 - - - I
102. 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
—F r a n c e 3 297 tonnes
— Greece 419 529 tonnes
—I t a l y 543 164 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 may allocate part of its NGQ and of
its olive oil production aid to support for table 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; the distribution shall be car-
ried 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 Commis-
sion 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 eli-
gible for the aid is lower than or equal to their NGQs,
plus any increase in accordance with paragraph 5.
In the other Member States, the unit aid granted shall be
equal to the amount fixed in paragraph 2, multiplied by a
coefficient. That coefficient shall be arrived at by dividing
the NGQ of the Member State concerned, plus any in-
crease in accordance with paragraph 5, by the actual pro-
duction recognised as eligible for the aid.
7. With a view to checks of the quantity of olive oil eli-
gible for the aid, olive and olive oil yields shall be fixed
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118. Recognised producer organisations and associations
thereof may be associated in the work of determining
actual production as referred to in paragraph 5 and of es-
tablishing yields as referred to in paragraph 7.
9. A percentage of the production aid allocated to all or
some producers shall be used to finance regional measures
to improve the quality of oil production and its environ-
mental impact in each producer Member State.
For the 1998/99 to 2000/01 marketing years, the percen-
tage referred to in the first subparagraph shall amount to
1,4 % of the production aid allocated to olive oil pro-
ducers.
10. Acting by a qualified majority on a proposal from the
Commission, the Council shall lay down general rules for
applying this Article.
11. The yields referred to in paragraph 7 and the detailed
rules for applying this Article shall be determined in ac-cordance with the procedure laid down in Article 38 of
this Regulation and, where applicable, the procedure laid
down in Article 13 of Council Regulation (EEC)
No 729/70 of 21 April 1970 on the financing of the com-
mon agricultural policy (
1).
Article 5a
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 7
Article 8
Article 9
Article 10
Article 11
1. The Community may undertake measures directly or
indirectly to provide information or to promote, in
Member States or third countries, the consumption of olive
oil and table olives produced in the Community.
(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).1638/98
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12The measures referred to in the first subparagraph may
entail the following:
(a) dissemination of existing knowledge, in particular re-
garding 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 particu-
lar with a view to stressing its quality, 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 Commission may in particular consult
bodies specialising in market studies and publicity cam-paigns and research institutes.
3. The Commission shall decide on the measures listed
in paragraph 1 after consulting the Management Commit-
tee for Oils and Fats in accordance with the procedure laid
down in Article 39.
4. Expenditure incurred on measures referred to in para-
graph 1 may be financed at a rate of 100 % by the Com-
munity and shall be deemed intervention within the mean-
ing 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 Ar-
ticle 38.
Article 11a
The individual Member States shall take the necessarysteps to penalise infringements of the aid scheme provided
for in Article 5. Where infringements are reported by theinspection agencies provided for in Council Regulation
(EEC) No 2262/84 of 17 July 1984 laying down special
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 themeasures provided for in the first paragraph as soon as
they are adopted.
(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).1638/98
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13Article 12
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
Member States, to conclude contracts for the storage of
olive oil that they market. Among the bodies concerned,
priority shall be given to producer groups and associations
thereof recognised in accordance with Regulation (EC)
No 952/97 (1).
The measures referred to in the first paragraph may be
implemented inter alia when the average price recorded on
the market during a representative 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 Ar-
ticle, 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 to en-
sure a significant impact on the market. The aid may be
granted by means of tenders.
Article 13
T o mitigate the effects of harvest fluctuations on the bal-
ance between supply and demand and in this way to stabil-
ize consumer prices, the Council, acting by a qualified ma-
jority on a proposal from the Commission, may require
intervention agencies to form a buffer stock of olive oil; it
shall, in accordance with the same procedure, lay down the
conditions governing the formation, management and dis-
posal of the buffer stock.
Article 14
Article 15
Article 16
Article 17
Article 18
Article 19
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 be charged.
(1) OJ L 142, 2. 6. 1997, p. 30.1638/98 - - - deleted
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143 . T h ee x p o r tl e v ys h a l lb ef i x e db yt h eC o m m i s s i o n .
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 sub-
heading 1604 30, preserved crustaceans and molluscs fal-
ling within CN code 1605 and preserved vegetables falling
within CN codes 2001, 2002, 2003, 2004 and 2005, shall
benefit from a system of production refunds.
2 . T h ea m o u n to ft h er e f u n ds h a l lb ef i x e do nt h eb a s i s
of the difference between the prices obtaining on theworld market and on the Community market. T o that end
the following shall be taken into account:
— the import charge applicable to olive oil falling within
subheading CN 1509 90 00 during a reference period;
— the factors taken into consideration when fixing the
export refunds valid for olive oil falling within sub-
heading CN 1509 90 00 during a reference period.
3. The refund previously fixed shall be maintained where
the difference 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 ar-
rangements, that the refund is granted solely for olive oil
used for the manufacture of the preserves referred to in
paragraph 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 arrange-
ments referred to in paragraph 5, shall be adopted in ac-cordance with the procedure laid down in Article 38.
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15Article 20c
1. The producer groups recognized within the meaning
of this Regulation must:
(a) consist of individual growers and/or organizations en-
gaged in producing, processing or marketing olives
and olive oil and consisting solely of olive growers;
(b) be capable of verifying the olive and olive-oil produc-
tion of their members;
(c) where they do not belong to a recognized association:
— be empowered to submit an application for pro-
duction aid on behalf of all their member
growers,
— be empowered to receive the aid and to share it
out among their members;
(d) where they belong to an association, be empowered
to provide the association with a statement of the
production of each member grower, for the purposesof the application for aid;
(e) have a minimum number of members or represent a
minimum 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 on grounds 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 para-
graph 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);1413/82
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16(e) be composed of a minimum 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 recogni-
tion thereof,
— and on condition that they inform the association
in writing of their intention to withdraw not less
than 12 months before so doing.
3. Recognition shall be withdrawn from a group or as-
sociation where the conditions for recognition have not
been fulfilled or are no longer fulfilled.
4. The Council, acting by a qualified majority on a pro-
posal from the Commission, shall adopt the general imple-menting rules of this Article.
Detailed rules for the application of this Article shall be
adopted in accordance with the procedure laid down in Ar-
ticle 38.
Article 20d
1. A percentage of the production aid shall be withheld
from the amount paid to recognised producer groups and
associations thereof under this Regulation. The resulting
amount shall help finance activities under Article 5(7) and
Article 20c.
For the 1998/99 to 2000/01 marketing years, the percen-
tage of the production aid referred to in the first subpara-
graph 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.
4. Detailed rules for the application of this Article shall
be adopted in accordance with the procedure laid down in
Article 38.1413/82
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17TITLE 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 pro-
cedure laid down in Article 43 (2) of the T reaty on a pro-
posal 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 species of oil seed.
2. Subject to Article 25, these prices shall remain in
force throughout the marketing year beginning in the fol-
lowing year. They shall relate to a standard quality and
shall be fixed at the wholesale marketing stage, ex-ware-
house, not unloaded.
3. Save as otherwise decided by the Council, acting by aqualified majority on a proposal from the Commission,
— the marketing year for colza and rape seed shall run
f r o m1J u l yt o3 0J u n e ;
— the marketing year for sunflower seed shall run from
1 August to 31 July.
4. The Council shall adopt the prices referred to inparagraph 1, in accordance with the procedure provided
for in Article 43 (2) of the T reaty, as well as the standard
quality to which these prices shall refer.
Article 23
T arget prices shall be fixed at a level which is fair to pro-
ducers, account being taken of the need to keep Commun-
ity production at the required level.
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
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18These 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 accord-
ance with the procedure provided for in Article 38.
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 sucha 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 com-
ply in order to qualify as ‘double zero’ varieties, shall be
adopted in accordance with the procedure laid down in Ar-
ticle 38.
Article 25
T o enable sales to be staggered, the target prices, the in-
tervention prices and the intervention buying-in prices shall
be increased each month for a period to be determined of
at least five months running from the beginning of the
fifth month of the marketing year for rape seed and from
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 eachmonth, shall be fixed each year by the Council acting in
accordance with the voting procedure laid down in Article
43 (2) of the T reaty on a proposal from the Commission,
account being taken of average storage costs and interest
charges in the Community.
Article 26
1. Intervention agencies shall buy in from 1 November
to 31 May and, with regard to sunflower seed offered for
intervention in Spain and Portugal, from 1 August to
30 April, on terms laid down as provided for 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 in-
creases, to the supplement indicated in Article 24a and to
the adjustment indicated in Article 27a (4).1585/80
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19If, however, the quality of the seeds offered to the inter-
vention 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 price increases and reduc-
tions.
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 the offer is made, the result-
ing change in transport costs to the seller shall be taken
into account when payment is being effected.
2. The Council, acting by a qualified majority on a pro-posal from the Commission, shall lay down the conditions
for intervention and in particular the principles governing
the disposal by intervention agencies of seeds bought in by
them.
3. Detailed rules for the application of this Article, andin particular those concerning the quality and size of theconsignments offered, shall be adopted in accordance with
the procedure laid down in Article 38.
Article 27
1. If the target price for, a type of seed is higher than
the world market price determined as specified in Ar-ticle 29, aid shall be granted for seed harvested and pro-
cessed in the Community. Subject to exceptions decided on
under paragraph 3 and without prejudice to Article 27a,
t h ea i ds h a l lb et h ed i f f e r e n c eb e t w e e nt h e s ep r i c e s .
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 supplement provided for in Article 24 (a).
2. Where entitlement to the subsidy provided for inparagraph 1 is acquired during the first two months of the
marketing year, a further allowance for early marketing
may be granted.
3. The Council, acting in accordance with the voting
procedure laid down in Article 43 (2) of the T reaty on a
proposal from the Commission, shall lay down:
(a) the principles governing the grant of the subsidy pro-
vided 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 im-
ported from third countries; in the case of the latter
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20(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 Com-
mission.
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 T reaty, shall fix, for
periods of three marketing years, and beginning with the
1988/89, 1989/90 and 1990/91 marketing years, maximum
guaranteed quantities for Community colza and rape seed
and Community sunflower seed.
Notwithstanding the preceding subparagraph, the Councilshall 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 andsunflower seed shall be determined in the light of the
quantities produced during a reference period and the
anticipated level of demand.
3. Where the estimate of rape or sunflower seed produc-tion made before the end of
October exceeds the maxi-
mum 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 marketing year would result in a differentreduction in the amount of the aid from that actually ap-
plied, the amount of aid for the following marketing year
shall be adjusted to take account of that situation.
Notwithstanding the first and second subparagraphs, theadjustment of the amount of aid for rapeseed produced in
Spain for the 1991/92 marketing year shall be fixed so that
the adjusted target price is the same in Spain as in the
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213a. 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
t h ep u r p o s e so ft h i sA r t i c l e .
4. Where the provisions of paragraph 3 are applied, theb u y i n g - i np r i c es h a l lb er e d u c e db yt h es a m ea m o u n ta s
the aid.
5. The Council, acting by a qualified majority on a pro-
posal from the Commission, shall adopt the rules for de-
termining the coefficient referred to in the first subpara-
graph 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 28
Article 29
The world market price, calculated for a Community
frontier crossing point, shall be determined on the basis ofthe most favourable purchasing opportunities prices being
adjusted where appropriate, to take the prices of compet-
ing products into account. The criteria for such determina-
tion shall be laid down and the frontier crossing point to
be fixed for each species of seed shall be specified by the
Council acting in accordance with the voting procedure
laid down in Article 43 (2) of the T reaty on a proposal
from the Commission.
Article 30
For a period of five years from the date on which it abo-
lishes national measures having the effect of increasing
prices for vegetable oils other than olive oil, each Member
State may grant subsidies for the extraction of 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 linseed for 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 price support in the Member State
concerned during the marketing year preceding 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.3577/90
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22Member 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 T reaty shall apply to the production of
and trade in the products listed in Article 1.
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 for nationally 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 olive
oils and olive-pomace oils set out in the Annex shall be
compulsory as regards the marketing of the products con-
cerned 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 author-
ize:
— for the purposes of the marketing of olive oils and
olive-pomace oils within their territory, the use of de-
finitions 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 pro-
posal from the Commission, may amend the descriptions
and definitions set out in the Annex.136/66
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235. If difficulties arise for the marketing within the Com-
munity of the products referred to in the Annex, a decision
may be taken in accordance with the procedure laid down
in Article 38 to extend for one or several of the products
in question the date of 31 December 1989 laid down in
paragraph 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 products referred 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 arrangements they have in-
troduced for the purpose of applying this paragraph.
3. The marketing standards shall be adopted in accord-
ance with the procedure laid down in Article 38. They
shall take into account technical production and marketing
requirements and changes in the methods used for deter-mining the physical, chemical and organoleptic characteris-
tics 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 pro-
cedure laid down in Article 43 (2) of the T reaty on a pro-
posal from the Commission, may alter the list of products
set out in Article 1 or adopt in respect of them any
measures derogating from this Regulation to take account
of special conditions which may affect these products.
Article 36a
1. Olive oil supplied as food aid shall be purchased on
the Community market or shall come from stocks held by
the intervention agencies.
Vegetable oils specified in Article 1 (2) (b) which are sup-
plied as food aid shall be purchased on the Community
market.
2. However, in an emergency or in the event of unavail-
ability on the Community market, the products specified in
paragraph 1 may be purchased in a developing country.1915/87
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243. The criteria for mobilizing the products, and especial-
ly the criteria for purchasing the products on the Com-
munity market or for deciding on the use of olive oil held
by the intervention agencies, shall be adopted by the
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 accord-
ance with the procedure laid down in Article 38.
Article 37
1. A Management Committee for Oils and Fats (herei-
nafter called the ‘Committee’) shall be established, consist-
ing of representatives of Member States and presided over
by a representative of the Commission.
2. Within the Committee the votes of Member States
shall be weighted in accordance with Article 148 (2) of the
T reaty. 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 own initiative or at the request of
the representative of a Member State.
2. The representative of the Commission shall submit tothe Committee a draft of the measures to be taken. The
Committee shall deliver 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 T reaty
in the case of decision which the Council is required to
adopt on a proposal from the Commission. The votes of
the Committee shall be weighted in the manner set out in
that Article. The Chairman shall not vote.
3. The Commission shall adopt measures which shallapply immediately. However, if these measures are not in
accordance with the Opinion of the Committee, they shall
forthwith be communicated by the Commission to theCouncil. In that event the Commission may defer applica-
tion of the measures which is has adopted for not more
than one month from the date of such communication.
The Council, acting in accordance with the voting pro-
cedure laid down in Article 43 (2) of the T reaty, may take
a different decision within one month.
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.1556/84
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25Article 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 T reaty on a proposal from the Commission,
shall decide in the light of experience whether to retain or
amend the provisions of Article 38.
Article 41
1. Council Regulation No 25 (1) on the financing of the
common agricultural policy and the provisions adopted in
implementation thereof shall apply to the market in the
products listed in Article 1 from the date on which this
Regulation begins to apply.
2. The compensatory amounts provided for in Ar-
ticle 3 (6) shall be considered as levies in relation to third
countries within the meaning of Article 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 ac-
c o u n ti st a k e n ,a tt h es a m et i m e ,o ft h eo b j e c t i v e ss e to u t
in Articles 39 and 110 of the T reaty.
Article 42a
The Common Customs T ariff annexed to Regulation
(EEC) No 950/68 is hereby amended as follows:
CCTRate of dutyCCT
heading
NoDescriptionAutonomous %
or levy (L)Conventional %
1 2 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) —
(1) OJ No 30, 20.4.1962, p. 991/62.
(2) OJ No 165, 21.9.1966, p. 2965/66.136/66
1562/78
136/66 - - - I
26Article 42b
1. By 30 June 1985 at thes latest, the Commission shall
forward to the Council a report with a view to its examin-
ation of the specific measures to be adopted where ap-
propriate for table olives falling within subheadings
07.01 N I, ex 07.02 A, 07.03 I, ex 07.04 B, ex 20.01 Ca n d
ex 20.02 F .
2. The Council, acting by a qualified majority on a pro-
posal 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 July 1967.
Should transitional measures be necessary to facilitate the
transition from the system in force in the Member States
to that established by this Regulation, in particular if the
introduction of this system on the dates provided for
would give rise to substantial difficulties in respect of cer-
tain products, such measures shall be adopted in accord-
ance with the procedure laid down in Article 38.
Their validity shall be limited to the first year of applica-
tion of this Regulation to each product.Act of Accession GR
2260/84
136/66
136/66 - - - I
27ANNEX
DESCRIPTIONS AND DEFINITIONS OF OLIVE OILS AND
OLIVE -POMACE OILS REFERRED TO IN ARTICLE 35
1. Virgin olive oils:
Oils obtained from the fruit of the olive tree solely by me-
chanical or other physical means under conditions, parti-cu-
larly thermal conditions, that do not lead to alterations in
the oil, which have not undergone any treatment other thanwashing, decantation, centrifugation and filtration, to the ex-
clusion 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 charac-
teristics of which comply with those laid down for thiscategory.
(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 charac-
teristics of which comply with those laid down for thiscategory.
(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 char-
acteristics 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 othercharacteristics 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 gper 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 gand the other characteristics which comply with those laid
down for this category.
4. C r u d eo l i v e - p o m a c eo i l :
Oil obtained by treating olive-pomace
oil with solvents, ex-
cluding oil obtained by means of re-esterification and mix-
tures with other types of oils, and the other characteristicswhich comply with those laid down for this category.356/92
C3, OJ No L 14, 22. 1. 1993, p. 29
1638/98
356/92
C3, OJ No L 14, 22. 1. 1993, p. 29
136/66 - - - I
285. Refined olive-pomace oil:
Oil obtained by refining crude olive-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 complywith those laid down for this category.
6. Olive-pomace
oil
Oil obtained by blending refined olive-pomace oil and virgin
olive oil other than lampante 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 laiddown for this category.356/92
C3, OJ No L 14, 22. 1. 1993, p. 29
C3, OJ No L 14, 22. 1. 1993, p. 29
C3, OJ No L 14, 22. 1. 1993, p. 29