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COUNCIL REGULATION (EC) No 865/2004 
of 29.4.2004 
 
on the common organisation of the ma rket in olive oil and table olives 
and amending Regulation (EEC) No 827/68 
 
  
THE COUNCIL OF THE EUROPEAN UNION,  Having regard to the Treaty establishing the Euro pean Community, and in particular Article 36 and 
the third subparagraph of Article 37(2),  Having regard to the pro posal of the Commission, 
 Having regard to the Opinion of the European Parliament 
1, 
 Having regard to the Opinion of the European Economic and Social Committee 
2, 
 After consulting the Committee of the Regions, 
                                                
 
1  Opinion delivered on 10 March 2004 (not yet published in the Official Journal). 
2  Opinion delivered on 25 February 2004 (not  yet published in th e Official Journal). 
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Whereas: 
 (1) The common agricultural policy pur sues the objectives set out in Article 33 of the Treaty.  In 
order to stabilise markets and ensure a fair st andard of living for the agricultural community 
in the sector of olive oil and table olives, it is  necessary to provide for an income support to 
farmers maintaining olive groves, for internal market measures to maintain the prices and supply conditions in a reasonable frame, and for activities aiming at influencing market 
demand by improving the quality of products as  well as the way of presenting quality to 
consumers. 
 (2) Income support to farmers maintaining olive groves is provided for in Council 
Regulation (EC) No 1782/2003 of  29 September 2003 establishing common rules for direct 
support schemes under the comm on agricultural policy and es tablishing certain support 
schemes for farmers 
1 through the single farm payments as well as an aid for maintenance of 
olive groves. 
                                                 
1 OJ L 270, 21.10.2003, p. 1.  Regulation as ame nded by Regulation (EC) No …/2004 (see 
p. … of this Official Journal). 
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(3) Council Regulation No 136/66/EEC of 22 Sept ember 1966 on the establishment of a common 
organisation of the market in oils and fats 1 should therefore be repealed and replaced by a 
new regulation.  On this occasion, the following Council Regulations of the olive oil sector 
should also be repealed: Regulations (EEC) No 154/75 2, (EEC) No 2754/78 3, (EEC) 
No 3519/83 4, (EEC) No 2261/84 5, (EEC) 2262/84 6, (EEC) No 3067/85 7, 
 
                                                 
1 OJ 172, 30.9.1966, p. 3025/66.  Regulation as last amended by Regulation (EC) 
No 1513/2001 (OJ L 201, 26.7.2001, p. 4). 
2 Regulation (EEC) No 154/75 of the Council of  21 January 1975 on the establishment of a 
register of olive cultivation in the Me mber States producing olive oil (OJ L 19, 24.1.1975, 
p. 1).  Regulation as last amended by Regulation (EEC) No 3788/85 (OJ L 367, 31.12.1985, 
p. 1). 
3 Council Regulation (EEC) No 2754/78 of 23 Nove mber 1978 on interventi on in the olive oil 
sector (OJ L 331, 28.11.1978, p. 13).  Regulatio n as amended by Regulation (EEC) 
No 2203/90 (OJ L 201, 31.7.1990, p. 5). 
4 Council Regulation (EEC) No 3519/83 of 12 De cember 1983 laying down certain measures 
for acid oils from refining of by-products of  olive oil or olive-residue oil (OJ L 352, 
15.12.1983, p. 2). 
5 Council Regulation (EEC) No 2261/84 of 17 July 1984 laying down general rules on the 
granting of aid for the production of olive oil and of aid to ol ive oil producer organisations 
(OJ L 208, 3.8.1984, p. 3).  Regulation as last  amended by Commission Regulation (EC) 
No 2366/98 (OJ L 293, 31.10.1998, p. 50). 
6 Council Regulation (EEC) No 2262/84 of 17 July 1984 laying down special measures in 
respect of olive oil (OJ L 208, 3.8.1984, p. 11) .  Regulation as last amended by 
Regulation (EC) No 229 2/2001 (OJ L 308, 27.11.2001, p. 1). 
7 Council Regulation (EEC) No 3067/85 of 29 Oct ober 1985 setting criteria  for mobilisation on 
the Community market for vegetable oils for supply as food aid (OJ L 290, 1.11.1985, p. 96). 
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(EEC) No 1332/92 1, (EEC) No 2159/92 2, (EEC) No 3815/92 3, (EC) No 1414/97 4, 
(EC) No 1638/98 5 and (EC) No 1873/2002 6. 
                                                 
1 Council Regulation (EEC) No 1332/92 of 18 May 1992 introducing specific measures for 
table olives (OJ L 145, 27.5.1992, p. 1).  Regul ation as amended by Regulation (EC) 
No 2826/2000 (OJ L 328, 23.12.2000, p. 2). 
2 Council Regulation (EEC) No 2159/92 of 23 July 1992 on the financing of expenditure for the 
establishment and updating of the register  of olive cultivation (OJ L 217, 31.7.1992, p. 8). 
3 Council Regulation (EEC) No 3815/92 of 28 December 1992 on application of the common 
intervention price for olive oil in Spain (OJ L 387, 31.12.1992, p. 9). 
4 Council Regulation (EC) No 1414/97 of 22 July  1997 fixing, for the 1997/98 marketing year, 
the prices, aids and percentages of aid to be reta ined in the olive oil sector, together with the 
maximum guarantee quantity (OJ L 196, 24.7.1997, p. 4). 
5 Council Regulation (EC) No 1638/98 of 20 July 1998 amending Regulation No 136/66/EEC 
on the establishment of a common organisation of  the market in oils and fats (OJ L 210, 
28.7.1998, p. 32).  Regulation as amended by Regulation by EC) No 1513/2001 (OJ L 201, 26.7.2001, p. 4). 
6 Council Regulation (EC) No 1873/2002 of 14 October 2002 setting the limits to the 
Community financing of work programmes draw n up by approved operators' organisations in 
the olive sector provided for in Regulation (EC) No 1638/98 and derogating from Regulation 
No 136/66/EEC (OJ L 284, 22.10.2002, p. 1). 
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(4) It is necessary for the marketing year to be adapted to the production cycle of all olive 
varieties and, for harmonisation simplicity purposes, it should be  realigned with the marketing 
year for other agricultural products. 
 (5) The descriptions and definitions of olive oil and so the denomination are an essential element 
of the market order by setting quality standards and providing consumers with an adequate 
information on the product. 
 (6) The characteristics of the olive oil justify an interest of the consumers in spite of the high 
price of that oil as compared w ith other oils and fats.  To avoi d abuses as regards the quality 
and authenticity of the products presented to the consumers and the important disturbances on 
the market they may involve, special measures are needed to develop and protect the quality 
of olives and olive oils. 
 (7) The information given on labels should be guaranteed by up-to-date methods of analysis and 
other measures to determine the charact eristics of each olive oil standard. 
 (8) Taking into account the influence of variati on in the level of the productions and the world 
market supply available, there should be provi sion for appropriate measures to be taken in 
order to stabilise the internal market. 
 (9) The system of aid for private storage contract s is deemed to be an efficient instrument to 
regulate the supply of olive oil, acting as a safety net mechanism when there is serious 
disturbance of the market. 
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(10) The contribution of olive oil and table olive operators to impr ove and guarantee the quality of 
the products in question and so to  develop the consumers' interest s and keep the balance in the 
market should be encouraged and organised by a Community scheme. 
 (11) Community finance, consisting of the percentage  of direct aid that Member States are allowed 
to withhold in accordance with Article 110i(4 ) of Regulation (EC) No 1782/2003, is required 
to encourage approved operators ' organisations to draw up wo rk programmes for the purpose 
of improving the production quality of olive oil and table oliv es.  Community support should 
be allocated in accordance with the priorities given to the activities  undertaken within the 
work programmes in question. 
 (12) In order to monitor the vol ume of olive oil trade with th ird countries while aiming at a 
simplification of administrative procedures, provision should be  made for an import licence 
scheme with the lodging of a s ecurity to ensure that the tran sactions for which such licences 
are requested are effected.  If  market developments made necessary a closer follow-up of 
exports of olive oil from th e Community, the Commission should be authorised to introduce a 
system of export licences. 
 (13) The Community market for o live oil and table olives involves a trading system at the borders 
of the Community, including import duties.  The trading system should be based on the 
undertakings accepted under international agreements. 
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(14) For the most part, the customs duties app licable to agri cultural products under the World 
Trade Organisation (WTO) agreements are la id down in the common customs tariff.  
However, the Commission should be able to suspe nd these duties partially or fully in order to 
ensure an adequate supply of th e internal market in olive oil. 
 (15) To the extent necessary for its proper working, provision should be made for regulating or, 
when the situation on the market so requires,  prohibiting in a harmonised way the use of 
inward and outward processing arrangements. 
 (16) The customs duty system makes it possible to dispense with all other protective measures at 
the external frontier of the Community.  The internal market and duty mechanism could, in 
exceptional circumstances, prove deficient.  In such cases, in order not to leave the 
Community market without defence against dist urbances that might ensue, the Community 
should be able to take all necessary measures  without delay.  All such measures should 
comply with the obligations ar ising from the WTO agreements. 
 (17) The proper working of a single market base d on common prices would be jeopardised by the 
granting of national aid.  Ther efore, the provisions of the Treaty governing State aid should 
apply to the products covered by this common market organisation. 
 (18) As the common market in olive oil and table o lives is in continuous development, the 
Member States and the Commi ssion should keep each other informed of these developments. 
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(19) The measures necessary for the implementation of this Regulation should be adopted in 
accordance with Council Decision 1999/468/EC of  28 June 1999 laying down the procedures 
for the exercise of implementing powers conferred on the Commission 1. 
 (20) In view of the need to solve practical and specific problems, the Commission should be 
authorised to adopt necessary measures in cases of emergency. 
 (21) Expenditure incurred by the Member States as a result of the obliga tions arising from the 
application of this Regulation should be fi nanced by the Community in accordance with 
Council Regulation (EC) No 1258/1999 of 17 May 1999 on the financing of the common 
agricultural policy 
2. 
 (22) The products included in the common market organisation established by Regulation 
No 136/66/EEC which are not covered by the co mmon market organisation in olive oil and 
table olives, or by any other common mark et organisation, should be included in 
Council Regulation (EEC) No 827/68 of 28 June  1968 on the common market organisation of 
the market in certain products listed in Annex II
  3, 
 HAS ADOPTED THIS REGULATION: 
                                                
 
1 OJ L 184, 17.7.1999, p. 23. 
2 OJ L 160, 26.6.1999, p. 103. 
3 OJ L 151, 30.6.1968, p. 16.  Regulation as last amended by Commissi on Regulation (EC) 
No 1272/2002 (OJ L 184, 13.7.2002, p. 7). 
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CHAPTER I 
 
INTRODUCTORY PROVISIONS AND QUALITY REQUIREMENTS 
 
 
Article 1  
 
The common organisation of the ma rket in olive oil and table o lives shall cover the following 
products: 
 CN code Description 
(a) 1509 Olive oil and its fractions, whethe r or not refined, but not chemically 
modified 
 1510 00  Other oils and their fractions, obt ained solely from olives, whether or 
not refined, but not chemically mo dified, including blends of these 
oils or fractions with oils or fractions heading No 1509 
(b) 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 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, slic ed, broken or in powder, but not further 
prepared 
 2001 90 65 Olives prepared or pres erved by vinegar or acetic acid 
 ex 2004 90 30 Olives prepared or preserved otherwise than by vinegar or acetic acid, 
frozen  
 2005 70  Olives prepared or preserved ot herwise than by vinegar or acetic acid, 
not frozen 
(c) 1522 00 31 
1522 00 39 Residues resulting from the treatment of fatty substances or animal 
waxes containing oil having the characteristics of olive oil  
 2306 90 11 
2306 90 19 Oil-cake and other residues resulting from the extractions of olive oil 
 
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Article 2  
 
The marketing year for the products listed in Articl e 1 shall begin on 1 July and end on 30 June of 
the following year.  However, the 2005/06 ma rketing year shall begin on 1 November 2005. 
 
Article 3  
 This Regulation shall apply wit hout prejudice to the measures provided for by Regulation (EC) 
No 1782/2003.  
Article 4
 
 1.   The use of the descriptions and definitions of  olive oils and olive-pomace oils set out in Annex I 
shall be compulsory as regards the marketing of the products concerned within each Member State, 
in intra-Community trade and, as long as compatible with international compulsory rules, trade with 
third countries.  2.   Only oils referred to in poi nts 1(a) and (b), 3 and 6 of Anne x I may be marketed at the retail 
stage. 
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CHAPTER II 
 
INTERNAL MARKET 
  
SECTION 1 
 
MARKETING STANDARDS 
  
Article 5
 
 1.   Marketing standards covering in particular quality grading, packaging and presentation may be 
laid down in respect of the produc ts referred in Article 1(a) taki ng into account technical production 
and marketing requirements and changes in the methods used for determining the physical, 
chemical and organoleptic char acteristics of these products. 
 Where such standards are laid dow n, the products to which they apply may be marketed in the 
Community only in accordan ce with those standards. 
 2.   Member States shall, in the case of products which are the subj ect of marketing standards, check 
whether those products conform to the said standard s and shall apply penaltie s as appropriate.  They 
shall notify the Commission of the arrangements they  have taken for the purpose of applying this 
paragraph. 
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3.   The marketing standards, as well as detailed ru les for the application of  this Article and, where 
applicable, the methods of analysis to be used, shall be adopted in acco rdance with the procedure 
referred to in Article 18(2).  
SECTION 2 
 
DISTURBANCE OF THE MARKET 
 
 
Article 6  
 1.   In order to regularise the ma rket in the event of serious distur bance thereof in ce rtain regions of 
the Community, it may be decided in accordance with  the procedure referred to in Article 18(2) to 
authorise bodies offering sufficient guarantees, and approved by the Member States, to conclude 
contracts for the storage of olive oil that they market. 
 The measures referred to in the fi rst subparagraph may be implemented inter alia  when the average 
price recorded on the market during a representative period is less than: 
 – EUR 1 779/tonne for extra virgin olive oil, or  – EUR 1 710/tonne for virgin olive oil, or  – EUR 1 524/tonne for lampante olive oil having 2 degree of free acidity, this amount being 
reduced by EUR 36,70/tonne for each additional degree of acidity. 
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2.   An aid for the performance of the contracts referred to in paragraph 1 may be granted by means 
of tenders.  3.   The amount of the aid referred to in paragr aph 2 and the detailed ru les for implementing this 
Article, in particular the quantities, qualities and duration of storage of the oils concerned shall be 
established in accordance with the procedure referred to in Article 18(2) in such a way as to ensure 
a significant impact on the market.   
SECTION 3 
 
OPERATORS' ORGANISATIONS 
  
Article 7
 
 1.   For the purposes of this Regulation, operators ' organisations shall comp rise approved producers' 
organisations, approved interbranch organisations or approved organi sations of other operators in 
the olive oil sector or  their associations. 
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2.   For the purposes of this Section, "approved in terbranch organisations" sh all mean legal entities 
which:  – are made up of representatives of economic ac tivities linked to the pr oduction of and/or trade 
in and/or processing of the pr oducts referred to in Article 1, 
 – are established at the initiative of all or so me of the organisations or associations which 
constitute them, 
 – have been recognised by the Memb er State in which they operate. 
 
Article 8
 
 1.   The amounts withheld by Member States in a ccordance with Article 110i(4) of Regulation (EC) 
No 1782/2003 shall ensure the Community financing of three-year work programmes to be drawn 
up by operators' organisations in one or more of the following areas: 
 (a) the market follow-up and administrative management in the olive oil and table olives sector;  (b) the improvement of the environmental impacts of the olive cultivation;  (c) the improvement of the production qu ality of olive oil and table olives; 
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(d) the traceability system, the certification and pr otection of the quality of olive oil and table 
olives, in particular the monito ring of the quality of olive oils  sold to final consumers, under 
the authority of the national administrations; 
 (e) the dissemination of information on the activit ies carried out by opera tor organisations with 
the aim of improving the quality of olive oil. 
 2.   The maximum Community funding for the work programmes referred to in paragraph 1 shall be 
equal to the part of the aids w ithheld by the Member States.  This  funding shall conc ern the eligible 
cost with a maximum of:  – 100% for the activities in areas referred to in points (a) and (b) of paragraph 1, 
 – 100% for the fixed assets investments and 75% for the other activities in the area referred to 
in point (c) of paragraph 1, 
 – 75% for the work programmes carried out in at  least three third count ries or non-producing 
Member States by approved operator organisations  from at least two producer Member States 
in areas referred to in points (d) and (e) of paragraph 1, and 50% for the other activities in 
these areas. 
 Complementary financing shall be ensured by the Me mber State up to 50% of the costs not covered 
by the Community funding. 
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3.   Member States shall verify that the condition s for granting Community funding are met.  To that 
end, they shall carry out an a udit of work programmes and a c ontrol plan involving a sample 
determined on the basis of a risk analysis and comprising at least 30% per year of producer 
organisations and all the other operator's organisa tions in receipt of Comm unity funding under this 
Article. 
 
Article 9  
 In accordance with the procedure referred to in Article 18(2), de tailed rules shall be adopted 
concerning:  (a) the conditions for the approval of operato rs' organisations and their associations; 
 (b) the types of activities eligib le under programmes in the areas referred to in Article 8(1)(a) 
to (e); 
 (c) the procedures for the approval of  programmes by the Member States; 
 (d) the measures concerning the control and sanc tions as well as the audit of work programmes; 
 (e) any other detailed measure that might be necessary for the implementation of this Section. 
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CHAPTER III 
 
TRADE WITH THIRD COUNTRIES 
  
Article 10
 
 1.   Imports to the Community of any of the products falling within CN codes 1509, 1510 00, 
0709 90 39, 0711 20 90, 2306 90 19, 1522 00 31, 1522 00 39 shall be subject to presentation of an import licence.  Import licences shall be issued by the Member States  to any applicant, irre spective of his place of 
establishment in the Community.  2.   Import licences shall be valid  throughout the Community.  Such li cences shall be issued subject 
to the lodging of a security guaranteeing that th e products are imported during the period of validity 
of the licence.  Except in cases of force majeure, the security shall be forfeited in whole or in part if 
import is not carried out, or is carrie d out only partially, within that period. 
 3.   Where necessary for the purposes of followi ng market developments, it may be decided, in 
accordance with the procedure referred to in Articl e 18(2), to make exports from the Community of 
any of the products listed in Article 1(a) subject to presentation of an export licence. 
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4.   The term of validity of licences and other detail ed rules for the application of this Article shall 
be adopted in accordance with the pr ocedure referred to in Article 18(2). 
 
Article 11  
 1.   Unless this Regulation provides otherwise, the rates of duty in the Common Customs Tariff 
shall apply to the products  listed in Article 1. 
 2.   By way of derogation from paragraph 1, should  the market price for olive oil in the Community 
significantly exceed 1,6 times the average prices  laid down in the s econd subparagraph of 
Article 6(1), during a period of at least three months, it may be decided, in accordance with the 
procedure referred to in Article 18(2) and so as to ensure the Community market is adequately 
supplied with olive oil through imports from non-member countries:  – to suspend partially or fully the applicati on of common customs dutie s to olive oil, and 
establish the detailed arrange ments for any such suspension, 
 – to open an import quota for olive oil at a re duced rate of the common customs duties and 
establish the detailed arrangements for managing such quota. 
 These measures shall apply for the minimum necessa ry period, which in any event shall not exceed 
the end of the marketing year in question. 
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Article 12  
 1.   The general rules for the in terpretation of the combined nomenclature and the detailed rules for 
its application shall appl y to the tariff classification of produc ts covered by this Regulation.  The 
tariff nomenclature resulting from the application of  this Regulation shall be incorporated into the 
common customs tariff.  2.   Save as otherwise provided for in this Regul ation or in provisions ad opted pursuant thereto, the 
following shall be prohibited in trade with third countries:  (a) the levying of any charge having eq uivalent effect to a customs duty; 
 (b) the application of any quantitative restri ction or measures havi ng equivalent effect. 
 
Article 13
 
 To the extent necessary for the proper functioning  of the common organisation of the markets in the 
olive oil and table olive sector, the use of inward -processing arrangements for the products listed in 
Article 1(a) and (b) may be fully or partially prohib ited in accordance with the procedure referred to 
in Article 18(2). 
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Article 14  
 1.   If, by reason of imports or exports, the Commun ity market in one or more of the products listed 
in Article 1 is affected by, or it is threatened with, serious di sturbance likely to jeopardise the 
achievement of the objectives set out in Article 33 of  the Treaty, appropriate measures may be 
applied in trade with non-members of the WTO until such disturbance or threat of disturbance has 
ceased.  2.   Should the situation referred to  in paragraph 1 arise, the Commi ssion shall, at the request of a 
Member State or on its own initiative, decide upo n the necessary measures.  The Member States 
shall be notified of such measures, which shall be immediately applicable.  If the Commission 
receives a request from a Member State, it shall take a decision thereon within three working days 
following receipt of the request.  3.   Measures decided upon by the Commission may be referred to the Council by any Member 
State within three working days of the day on which they were no tified.  The Council shall meet 
without delay.  It may, acting by a qualified majo rity, amend or annul th e measure in question 
within one month following the date on which it was referred to the Council.  4.   Provisions adopted under this Article shall be  applied having regard to  the obligations arising 
from agreements concluded in accordan ce with Article 300(2) of the Treaty. 
 
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CHAPTER IV 
 
GENERAL PROVISIONS 
  
Article 15
 
 Unless this Regulation provides ot herwise, Articles 87, 88 and 89 of the Treaty shall apply to the 
production of, and trade in, the products li sted in Article 1 of this Regulation. 
 
Article 16
 
 Measures taken by Member States to increase the price for other vegetable oils in relation to that for 
olive oil so as to ensure an outlet for nationally produced olive oil shall be incompatible with the 
application of this Regulation.  
Article 17
 
 Member States and the Commi ssion shall send each other any information necessary for the 
application of this Regulation and for complying w ith the international obli gations concerning olive 
oil and table olives.  Detailed rules to determine which information is  necessary, as well as those for its communication 
and distribution, shall be adopted in accordance with the procedur e referred to in Article 18(2). 
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Article 18  
 1.   The Commission shall be assisted by the Management Committee for Olive Oil and Table 
Olives (hereinafter referred  to as "the Committee"). 
 2.   Where reference is made to this paragr aph, Articles 4 and 7 of Decision 1999/468/EC shall 
apply.  The period laid down in Article  4(3) of Decision 1999/468/EC shall be set at one month. 
 3.   The Committee shall adop t its rules for procedure. 
 
Article 19
 
 Measures that are both necessary and justifiable in  an emergency, in order to resolve practical and 
specific problems shall be adopted in accordance  with the procedure re ferred to in Article 18. 
Such measures may derogate from certain parts of this Regulation, but only to the extent that, and 
for such period as, is strictly necessary.  
Article 20
 
 Regulation (EC) No 1258/ 1999 and the provisions adopted in impl ementation thereof shall apply to 
the expenditure incurred by the Me mber States in carrying out ob ligations under this Regulation. 
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CHAPTER V 
 
TRANSITIONAL AND FINAL RULES 
 
Article 21  
 Regulation No 136/66/EEC is hereby amended as follows:  1) In Article 5, paragraph 2 sh all be replaced by the following: 
 
"2. From the 1998/1999 marketing year, the uni t amount of the production aid provided for 
in paragraph 1 shall be EUR 1322,5/ton."; 
 2) In Article 20d(1), "for the 1998/1999 to 2003/2004 marketing years" shall be replaced by 
"from the 1998/1999 marketing year". 
 
Article 22
 
 In Article 5 of Regulation (EEC) No 1638/98, the first paragraph shall be deleted.  
 
Article 23
 
 Regulation (EC) No 1873/2002 is  hereby amended as follows: 
 1) in Article 2, "for the 2002/2003 and 2003/2004 ma rketing years" shall be replaced by "from 
the 2002/2003 marketing year"; 
 2) in Article 3, "for the 2002/2003 and 2003/2004 ma rketing years" shall be replaced by "from 
the 2002/2003 marketing year". 
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Article 24  
 1. Regulations (EEC) No 136/66/EEC, (EEC) No 154/75 , (EEC) No 2754/78, (EEC) 
No 3519/83, (EEC) No 2261/84, (EEC) 2262/84, (EEC) No 3067/85, (EEC) No 1332/92, (EEC), No 2159/92, (EEC) No 3815/92, (EC) No 1414/97, (EC) No 1638/98 and (EC) No 1873/2002 shall be repealed as fr om 1 November 2005. 
 However, the provisions necessary for the mana gement and control of the production aid shall 
remain applicable for the purposes of managi ng and controlling production aid related to the 
marketing years up to the marketing year 2004/2005.  References to the repealed Regulation 136/66/EEC shall be construed as references to this 
Regulation.  2. Transitional measures may be adopted in accordance with the procedure referred to in 
Article 18(2).  
Article 25
 
 The Annex to Regulation (EEC) No 827/68 is here by amended in accordance with Annex II to this 
Regulation. 
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Article 26  
 
This Regulation shall enter into force on the seventh day following that of its publication in the 
Official Journal of the European Union.  It shall apply from the 2005/2006 marketing year.  However, Articles 21 to 23 shall apply as from 
1 November 2004.     This Regulation shall be binding in  its entirety and directly applicable in all Member States. 
 Done at Luxembourg, 29.4.2004. 
For the Council  The President 
          M. McDOWELL  
 
___________________ 
  
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ANNEX I  
 
DESCRIPTIONS AND DEFINITIONS OF OL IVE OIL AND OLIVE-POMACE OILS 
REFERRED TO IN ARTICLE 4 
  1. VIRGIN OLIVE OILS  
Oils obtained from the fruit of the olive tree  solely by mechanical or other physical means 
under conditions that do not lead to alterations in the oil, which have not undergone any 
treatment other than washing, decantation, centrif ugation or filtration, to the exclusion of oils 
obtained using solvents or using adjuvants ha ving a chemical or biochemical action, or by 
re-esterification process and any mi xture with oils of other kinds. 
 Virgin olive oils are exclusively cl assified and descri bed as follows: 
 
(a) Extra virgin olive oil 
 
Virgin olive oil having a maximum free aci dity, in terms of oleic acid, of 0,8 g 
per 100 g, the other characteristics of which comply with those laid down for this 
category. 
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(b) Virgin olive oil 
 
Virgin olive oil having a maximum free acidit y, in terms of oleic acid, of 2 g per 100 g, 
the other characteristics of  which comply with those laid down for this category. 
 
(c) Lampante olive oil  
Virgin olive oil having a free acidity, in terms of  oleic acid, of more than 2 g per 100 g, 
and/or the other characteristics of which comp ly with those laid dow n for this category. 
 
2. REFINED OLIVE OIL  
Olive oil obtained by refining virg in olive oil, having a free acid ity content expressed as oleic 
acid, of not more than 0,3 g per 100 g, and the other characteristics of which comply with 
those laid down for this category. 
 3. OLIVE OIL – COMPOSED OF REFINED OLIVE OILS AND VIRGIN OLIVE OILS 
 
Olive oil obtained by blending refi ned olive oil and virgin olive oil other than lampante olive 
oil, having a free acidity conten t expressed as oleic acid, of no t more than 1 g per 100 g, and 
the other characteristics of  which comply with those laid down for this category. 
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4. CRUDE OLIVE-POMACE OIL 
 
Oil obtained from olive pomace by treatment wi th solvents or by physical means or oil 
corresponding to lampante olive oil, except for certain specifie d characteristics, excluding oil 
obtained by means of re-esterific ation and mixtures with other types of oils, and the other 
characteristics of which comply with those laid down for this category. 
 5. REFINED OLIVE-POMACE OIL  
Oil obtained by refining crude olive-pomace oil, having free acidity content expressed as oleic 
acid, of not more than 0,3 g per 100 g, and the other characteristics of which comply with 
those laid down for this category.  
6. OLIVE-POMACE OIL  
Oil obtained by blending refined olive-pomace oil and virgin olive oil other than lampante 
olive oil, having a free acidity content expressed as oleic acid, of not more than 1 g per 100 g, 
and the other characteristics of which comply  with those laid down for this category. 
   
    
 
 
 
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ANNEX II  
 
 The Annex to Regulation (EEC) No 827/68 is hereby amended as follows:  
1) After the description of the goods under CN code 1108 20 00 ("– Inulin"), the following 
shall be inserted: 
 
"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 
1203 00 00 Copra 
1206 00 91 
ex 1206 00 99 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 
ex 1207 92 98 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 
ex 1207 99 98 Other oilseeds and oleaginous fruits, whether or not broken, other than for sowing 
1208 Flours and meals of oil seeds or oleaginous fruits, other than those of mustard" 
; 
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2) After the description of the goods under CN code 1503 00 ("Lard stearin, lard oil, 
oleostearin, oleo-oil and tallow oil, not emulsified or mixed or otherwise prepared"), the 
following shall be inserted: 
 
"15 04 Fats and oils and their fractions, of fish or marine mammals, whether or not refined, 
but not chemically modified 
15 07 Soya-bean oil and its fractions, whether or not refined, but not chemically modified 
15 08 Ground-nut oil and its fractions, whether or not refined, but not chemically modified 
15 11 Palm oil and its fractions, whether or not refined, but not chemically modified 15 12 Sunflower seed, safflower or cotton-seed oil and their fractions, whether or not 
refined, but not chemically modified 
15 13 Coconut (copra), palm kernel or babassu oil and fractions thereof, whether or not 
refined, but not chemically modified 
15 14 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 90 15) 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, reesterified 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 Chap ter, 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 
1518 00 39 Fixed vegetable oils, fluid, mixed for technical or industrial uses other than the 
manufacture of foodstuffs 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 treatme nt of fatty substances or animal or vegetable 
waxes, excluding those containing oil having the characteristics of olive oil" 
; 
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3) After the description of th e goods under CN code 2302 50 00 (" – of leguminous plants"), 
the following shall be inserted: 
 
"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-nut oil".