Proposal for a Council Regulation amending Regulations No 136/66/EEC and (EC) No 1638/98 as regards the extension of the period of validity of the aid scheme and the quality strategy for olive oil
Date: 2000-12-21
Institutions: European Commission
Subjects: food inspection, labelling, marketing standard, olive oil, product quality

31.7.2001

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Official Journal of the European Communities

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II

(Preparatory Acts)

COMMISSION

Proposal for a Council Regulation amending Regulations No 136/66/EEC and (EC) No 1638/98 as
regards the extension of the period of validity of the aid scheme and the quality strategy for olive
oil

(2001/C 213 E/01)

COM(2000) 855 final (cid:151) 2000/0358(CNS)

(Submitted by the Commission on 22 December 2000)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European
Community, and in particular Article 37 thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Parliament,

Having regard to the opinion of
Committee,

the Economic and Social

Having regard to the opinion of the Committee of the Regions,

Whereas:

to gather

(1) In July 1998 Council Regulation (EC) No 1638/98 of
20 July 1998 amending Regulation No 136/66/EEC on
the establishment of a common market organisation in
oils and fats (1) introduced measures applicable for three
marketing
years, namely 1998/99, 1999/2000 and
2000/01. This three-year period was intended to give
the Commission time
the
information required with a view to elaborate, in 2000,
a proposal to the Council for a reform of the above-
mentioned common market organisation. While
the
measures introduced by this Regulation have permitted
a number of improvements to the common organisation
of
information gathered and the
experience gained during those first two marketing years
are neither
the
Commission to draw substantial and definitive conclusions
regarding the common market organisation in oils and
fats to be implemented from 1 November 2001.

complete nor

and analyse

the market,

to enable

sufficient

the

(2) In order to obtain all the results of the measures imple-
mented from the 1998/99 marketing year onwards and to
permit more detailed information to be gathered on the
sector and more detailed analyses to be carried out, it is
the 2002/03
necessary to extend until
marketing year the period of validity of the provisions
currently in force, in particular those laid down in Regu-
lation No 136/66/EEC of 22 September 1966 on the
establishment of a common organisation of the market
in oils and fats (2).

the end of

(3) The arrangements for checks on the aid paid to producers
depend to a great extent on the existence and smooth
operation of
the geographic information system (GIS)
referred to in Regulation (EC) No 1638/98. The GIS is

essential for some of the options to be examined for the
future and, at the very least, useful
It
should therefore be stipulated now that, where appro-
priate and whatever form the future aid scheme takes, it
will,
from 1 November 2003, cover only olive trees
included in a GIS verified as being complete.

for the others.

(4) Developments on the olive oil market indicate the need
for a concerted strategy aimed at improving the quality of
the product,
and
environmental
inter alia, incentives to promote the organi-
comprising,
the operators concerned and
sation and activities of
adjustments to the classification of olive oils and olive-
pomace oils.

including

impacts,

(5) In order to improve the operation of the sector, a scheme
should be introduced to encourage approved operators’
to implement quality improvement and
organisations
certification programmes and to improve the olive oil
sector and market management. Around two years
the
would appear necessary for
the future
detailed rules concerning certain items of
the organisations
scheme,
concerned
of
evaluation
drafting,
programmes and their approval by the Member States.
In order
the implementation of concrete
measures as soon as possible, the bases of the scheme
that will be decided to be introduced from 1 November
2003 should be laid down now.

for instance the creation of
and

the establishment of

to permit

and

the

(6) The descriptions and definitions of olive oils and olive-
pomace oils are in certain cases unsatisfactory and could
lead to confusion among both consumers and operators.
Such problems cause disruption on the market and,
in
order to avoid them, new descriptions and definitions
should replace those laid down in the Annex to Regu-
lation No 136/66/EEC.

(7) The description (cid:145)virgin olive oil(cid:146) covers all oils obtained
direct from the fruit of the olive tree, as referred to at
point 1 of the Annex to Regulation No 136/66/EEC, and
the category described at point 1(b). In order to avoid any
confusion, all categories of oil referred to at point 1
should be known as (cid:145)crude olive oil(cid:146) and the description
(cid:145)virgin olive oil(cid:146) should be reserved for olive oil actually
referred to in point 1(b). As the description of (cid:145)crude olive
is not used in the retail trade, the change will not
oil(cid:146)
affect consumers.

(1) OJ L 210, 28.7.1998, p. 32.
(2) OJ 172, 30.9.1966, p. 3025/66. Regulation as last amended by
Regulation (EC) No 2702/1999 (OJ L 327, 21.12.1999, p. 7).

(8) In order to preserve the natural characteristics of crude
olive oils, the use of oil-extraction adjuvants having a
chemical or biochemical action should be excluded.

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(9) The progress achieved by producers and millers has led to
an increase in the production of virgin and extra virgin
olive oils and a reduction in that of ordinary oils and
lampante oils. To enable this market development to be
taken into account in the classification of olive oils and to
permit consumers to benefit from it, the maximum acidity
of extra virgin olive oil should be reduced and (cid:145)ordinary
virgin olive oil(cid:146) should be removed from the list of types
of olive oil,
the oils concerned being included under
lampante olive oil.

(a)

in paragraph 2, (cid:145)1998/99 to 2000/01 marketing years(cid:146) is
replaced by (cid:145)1998/99 to 2002/03 marketing years(cid:146),

(b) in the second subparagraph of paragraph 9, (cid:145)1998/99 to
is replaced by (cid:145)1998/99 to

2000/01 marketing years(cid:146)
2002/03 marketing years(cid:146).

3. In the second subparagraph of Article 20d(1), (cid:145)the 1998/99
to 2000/01 marketing years(cid:146) is replaced by (cid:145)the 1998/99 to
2002/03 marketing years(cid:146).

(10) The generic name (cid:145)olive oil(cid:146) is currently used to designate
the type referred to at point 3 of the Annex to Regulation
No 136/66/EEC, namely a blend of refined olive oil and
virgin olive oil other than lampante oil. This gives rise to
confusion that could mislead consumers who are not
sufficiently aware and could disrupt the market. Blends
should therefore be identified in a specific way without,
however, detracting from the qualities of the type of oil
concerned, which are appreciated by a large sector of the
market.

(11) Thanks to the progress achieved by refiners it is possible
to adapt the definition of refined olive oil by reducing the
percentage of maximal acidity.

(12) The definition of crude olive pomace oil should include
oils obtained by mechanical means and correspond, with
the exception of certain specific characteristics, to those
for lampante olive oils, since some of them have charac-
teristics that are typical of traditional crude olive pomace
oils.

(13) In order to give the sector time to adjust, the use of the
should be made

and definitions

new descriptions
compulsory only after two years.

(14) Since the measures necessary for the implementation of
Regulation No 136/66/EEC are management measures
within the meaning of Article 2 of Council Decision
1999/468/EC of 28 June 1999 laying down the
implementing powers
procedures
conferred on the Commission (1),
should be
adopted by use of the management procedure provided
for in Article 4 of that Decision,

the exercise of

they

for

4. Article 37 is repealed.

5. Article 38 is replaced by the following text:

(cid:145)Article 38

The Commission shall be assisted by a committee,
1.
management committee for oils and fats, composed of
representatives of the Member States and chaired by the
representative of the Commission.

2. Where reference is made to this paragraph,
the
management procedure laid down in Article 4 of Decision
1999/468/EC shall apply, in compliance with Article 7(3)
thereof.

The period provided for in Article 4(3) of Decision

3.
1999/468/EC shall be one month.(cid:146)

6. The Annex is replaced by the Annex hereto.

Article 2

Regulation (EC) No 1638/98 is amended as follows:

1. Article 2 is amended as follows:

(a)

in the first subparagraph of paragraph 1, (cid:145)the 1998/99
to 2000/01 marketing years(cid:146) is replaced by (cid:145)the 1998/99
to 2002/03 marketing years(cid:146),

(b) in the second subparagraph of paragraph 2,

(cid:145)the three
marketing years from 1998/99 to 2000/01(cid:146) is replaced
by (cid:145)the five marketing years from 1998/99 to 2002/03(cid:146),
and

HAS ADOPTED THIS REGULATION:

(c)

in paragraph 4,
years(cid:146)
is
marketing years(cid:146).

(cid:145)the 1998/99 to 2000/01 marketing
(cid:145)the 1998/99 to 2002/03

replaced by

Regulation No 136/66/EEC is amended as follows:

2. The following Article 2a is added:

Article 1

1. In Article 4(2),

(cid:145)1998/99 to 2000/01 marketing years(cid:146)

is

replaced by (cid:145)1998/99 to 2002/03 marketing years(cid:146).

2. Article 5 is amended as follows:

(1) OJ L 184, 17.7.1999, p. 23.

(cid:145)Article 2a

Olive trees and corresponding areas whose presence is not
attested by a geographic information system in accordance
with Article 2 of this Regulation or of olive oil produced
therefrom cannot constitute a basis for an aid to be paid to
olive producers under the common market organisation in
oils and fats from 1 November 2003.(cid:146)

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3. In Article 3(2), (cid:145)2000(cid:146) is replaced by (cid:145)2002(cid:146) and (cid:145)1 November

2001(cid:146) is replaced by (cid:145)1 November 2003(cid:146).

In accordance with the procedure provided for in
3.
Article 38 of Regulation No 136/66/EEC, the Commission
shall specify:

4. The following Article 4a is inserted:

(cid:145)Article 4a

1.
Under the common organisation of the market in oils
and fats, in force as from 1 November 2003, Member States
producing olive oil may withhold within certain limits fixed
by the Commission in conformity with the management
procedure laid down in Article 4 of Decision 1999/468/EC,
a portion of aid, where appropriate intended for olive oil
of work
producers,
programmes drawn up by approved operators’ organisations
or their associations in the following areas:

ensure Community

finance

to

(a) the olive oil sector and market management;

(b) the improvement of product quality and environmental

impacts;

(a) conditions for the approval of operators’ organisations

and their unions;

(b) the types of activities eligible under programmes in the

three areas referred to in paragraph 1;

(c)

the procedures for the approval of programmes by the
Member States;

(d) the measures concerning the control and the sanctions;

(e) any other detailed rules that might be necessary for the
rapid implementation, from 1 November 2003, of the
programmes concerned.(cid:146)

(c)

the certification and protection of olive-oil quality.

5. In the first paragraph of Article 5,
replaced by (cid:145)1 November 2003(cid:146).

(cid:145)1 November 2001(cid:146) is

for

the work programmes

the maximum Community
2. Within the fixed limits,
to in
referred
funding
the aids
paragraph 1 shall be equal
reserved by the Member States. This funding shall be of
maximum 100 % for the eligible cost of the programmes
referred to in (a), 75 % for the programmes referred to in (b)
and 50 % for the programmes referred to in (c).

to the part of

Complementary financing will be ensured by the Member
State concerned taking into account a financial contribution
from operators
the
programmes referred to under paragraph 1(b) and (c) and
in the latter case shall be at least 25 %.

compulsory

shall

that

for

be

Article 3

This Regulation shall enter into force on the seventh day
following its publication in the Official Journal of the European
Communities.

It shall apply from 1 November 2001. However, Article 1(6)
shall apply from 1 November 2003.

This Regulation shall be binding in its entirety and directly
applicable in all Member States.

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ANNEX

(cid:145)ANNEX

DESCRIPTIONS AND DEFINITIONS OF OLIVE OILS AND OLIVE-POMACE OILS REFERRED TO IN
ARTICLE 35

1. Crude 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 alteration in the oil, which have not undergone any treatment other than washing, decantation,
centrifugation or filtration, to the exclusion of oils obtained using solvents or using adjuvants having a chemical
or biochemical action, or by re-esterification process and any mixture with oils of other kinds.

Virgin olive oils are exclusively classified and described as follows:

(a) Extra virgin olive oil

Crude olive oil having a maximum free acidity, in terms of oleic acid, of 0,8 g per 100 g, the other charac-
teristics of which comply with those laid down for this category.

(b) Virgin olive oil

Crude olive oil having a maximum free acidity, in terms of oleic acid, of 2 g per 100 g, the other characteristics
of which comply with those laid down for this category.

(c) Lampante olive oil

Crude 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 comply with those laid down for this category.

2. Refined olive oil

Olive oil obtained by refining crude olive oil, having a free acidity content expressed as oleic acid, of not more than
0,3 g per 100 g, and the other characteristics which comply with those laid down for this category.

3. Standard olive oil

Olive oil obtained by blending refined olive oil and crude olive oil other than lampante oil, having a free acidity
content expressed as oleic acid, of not more than 1 g per 100 g, and the other characteristics which comply with
those laid down for this category.

4. Crude olive-pomace oil

Oil obtained by treating olive pomace with solvents or oil corresponding to lampante olive oil, except of certain
specified characteristics, excluding oil obtained by means of re-esterification and mixtures with other types of oils,
and the other characteristics which comply with those laid down for this category.

5. Refined olive-pomace oil

Oil obtained by refining crude olive-pomace oil, having a free acidity content expressed as oleic acid, of not more
than 0,3 g per 100 g, and the other characteristics which comply with those laid down for this category.

6. Olive-pomace oil

Oil obtained by blending refined olive-pomace oil and crude olive oil other than lampante oil, having a free acidity
content expressed as oleic acid, of not more than 1 g per 100 g, and the other characteristics which comply with
those laid down for this category.(cid:146)