Council Regulation (EC) No 1513/2001 of 23 July 2001 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: 2001-07-23
Institutions: Council of the European Union
Subjects: aid system, olive oil, product quality, quality control of agricultural products

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Official Journal of the European Communities

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COUNCIL REGULATION (EC) No 1513/2001

of 23 July 2001

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

THE COUNCIL OF THE EUROPEAN UNION,

(3)

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 (1),

Having regard to the opinion of the Economic and Social
Committee (2),

Whereas:

(1)

(2)

for

applicable

introduced measures

Council Regulation (EC) No 1638/98 of 20 July 1998
amending Regulation No 136/66/EEC on the establish-
ment of a common market organisation in oils and
three
fats (3)
marketing years, namely 1998/99, 1999/2000 and
2000/01. This three-year period was intended to give
the Commission time to gather and analyse the informa-
tion 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 the market, the information gathered and the experi-
ence gained during those first two marketing years are
neither complete nor sufficient to enable the Commis-
sion to draw substantial and definitive conclusions
regarding the common market organisation in oils and
fats to be implemented from 1 November 2001.

It is necessary to assess the results of the transitional
period envisaged in 1998 by Council Regulation (EC) No
1638/98 and Council Regulation (EC) No 1639/98 of
20 July 1998 amending Regulation (EEC) No 2261/84
laying down general rules on the granting of aid for the
production of olive oil and of aid to olive oil producer
organisations (4). In order to obtain all the results of the
measures implemented 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 necessary to extend until the end
of the 2003/04 marketing year the period of validity of
the provisions currently in force, in particular those laid
down in Regulation No 136/66/EEC of 22 September
1966 on the establishment of a common organisation of
the market in oils and fats (5).

(1) Opinion delivered on 17 May 2001 (not yet published in the Offi-

(4)

(5)

(6)

(7)

(8)

(2) Opinion delivered on 30 May 2001 (not yet published in the Offi-

cial Journal).

cial Journal).

(3) OJ L 210, 28.7.1998, p. 32.
(4) OJ L 210, 28.7.1998, p. 38.
(5) OJ 172, 30.9.1966, p. 3025/66. Regulation as last amended by
Regulation (EC) No 2826/2000 (OJ L 328, 23.12.2000, p. 2).

The arrangements for checks on the aid paid to produ-
cers 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 for the others.
It should therefore be stipulated now that
from 1
November 2003 the aid scheme covers only olive trees
included in a GIS verified as being complete.

Developments on the olive oil market indicate the need
for a concerted strategy aimed at improving the quality
of the product,
impacts, and
comprising, inter alia, incentives to promote the struc-
turing of the sector and adjustments to the classification
of olive oils and olive-pomace oils.

including environmental

For the sector to operate smoothly, a scheme should be
introduced to encourage approved operators' organ-
isations to implement quality improvement and certi-
fication programmes and to improve the olive oil sector
and market management. Around one year would
appear necessary for the establishment of the detailed
rules concerning certain items of the future scheme, for
instance the creation of the organisations concerned and
the drafting, and evaluation of programmes and their
approval by the Member States. In order to permit the
implementation of
soon as
possible, the bases of the scheme that will be decided to
be introduced from 1 November 2002 should be laid
down now.

concrete measures as

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 Regula-
tion No 136/66/EEC.

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

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 virgin
olive oils and to permit consumers to benefit from it,
the maximum acidity of extra virgin olive oil should be
reduced and ‘ordinary virgin olive oil’
should be
removed from the list of types of olive oil, the oils
concerned being included under lampante olive oil.

(9)

(10)

(11)

(12)

(13)

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The generic name ‘olive oil’ is currently used to desig-
nate 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 combination 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.

(c) in the second subparagraph of paragraph 9:

(i) ‘1998/99 to 2000/01 marketing years’ shall be
replaced by ‘1998/99 to 2003/04 marketing years’;

(ii) ‘olive oil producers’ shall be replaced by ‘olive oil

and table olives producers’;

3.

in the second subparagraph of Article 20d(1), ‘the 1998/99
to 2000/01 marketing years’ shall be replaced by ‘the 1998/
99 to 2003/04 marketing years’;

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.

4. Article 37 shall be repealed;

5. Article 38 shall be replaced by the following text:

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.

In order to give the sector time to adjust, the use of the
new descriptions and definitions
should be made
compulsory in general, only after two years.

The measures necessary for the implementation of Regu-
lation No 136/66/EEC should be adopted in accordance
with Council Decision 1999/468/EC of 28 June 1999
laying down the procedures for the exercise of imple-
menting powers conferred on the Commission (1),

HAS ADOPTED THIS REGULATION:

Article 1

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

1.

in Article 4(2), ‘1998/99 to 2000/01 marketing years’ shall
be replaced by ‘1998/99 to 2003/04 marketing years’;

‘Article 38

1.
The Commission shall be assisted by a “Management
Committee for Oils and Fats”, hereinafter referred to as “the
Committee”.

2. Where reference is made to this Article, 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 adopt its rules of procedure.’;

6. the Annex shall be replaced by the Annex hereto.

Article 2

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

1. Article 2 shall be amended as follows:

(a) in the first subparagraph of paragraph 1, ‘the 1998/99
to 2000/01 marketing years’ shall be replaced by ‘the
1998/99 to 2002/03 marketing years’,

(b) in the second subparagraph of paragraph 2, ‘the three
marketing years from 1998/99 to 2000/01’ shall be
replaced by ‘the five marketing years from 1998/99 to
2002/03’, and

(c) in paragraph 4,

‘the 1998/99 to 2000/01 marketing
years’ shall be replaced by ‘the 1998/99 to 2002/03
marketing years’;

2. Article 5 shall be amended as follows:

2. the following Article shall be inserted:

(a) in paragraph 2, ‘1998/99 to 2000/01 marketing years’
shall be replaced by ‘1998/99 to 2003/04 marketing
years’,

(b) in the first subparagraph of paragraph 9,

‘to improve
the quality of oil production’ shall be replaced by ‘ to
improve the quality of olive oil and table olives produc-
tion’,

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

‘Article 2a

As from 1 November 2003, olive trees and corresponding
areas the presence of which is not attested by a geographic
information system established 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.’;

3.

in Article 3(2),
November 2001’ by ‘1 November 2004’;

‘2000’ shall be replaced by ‘2003’ and ‘1

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4. the following Article shall be inserted:

‘Article 4a

1.
Under the common organisation of the market in oils
and fats, in force as from 1 November 2002, Member States
producing olive oil may withhold within certain limits, a
portion of aid, where appropriate intended for olive oil
and/or table olives producers, to ensure Community finance
of work programmes drawn up by approved producers'
organisations, approved interbranch organisations or other
approved operators' organisations or their associations in
one or more of the following areas:

(a) 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 quality of olive oil

and table olives;

(d) the traceability system, the certification and protection
of olive oil and table olives quality, under the authority
of the national administrations.

For the purposes of this Article, “approved interbranch

2.
organisations”, shall mean legal entities which:
— are made up of representatives of economic activities
linked to the production of and/or trade in and/or
processing of the products referred to in Article 1(2)(c)
and (d) of Regulation No 136/66/EEC;

— are established at the initiative of all or some of the
organisations or associations which constitute them;
— have been recognised by the Member State in which

they operate.

The limits referred to in paragraph 1 are fixed in order

3.
to prevent the emergence of market distortions:
— by the Council on a Commission proposal, for the total

of the activities concerned and subsequently,

— by the Commission, for each area referred to in para-
graph 1, in conformity with the management procedure
laid down in Article 4 of Decision 1999/468/EC.

Within the fixed limits, the maximum Community funding
for the work programmes referred to in paragraph 1 shall
be equal to the part of the aids reserved by the Member
States. This funding concerns the eligible cost with a
maximum of:
— 100 % for the activities in areas referred to in (a) and (b),
— 100 % for the fixed assets investments and 75 % for the

other activities in the area referred to in (c),

— 50 % for the activities in the area referred to in (d).

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

4.
In accordance with the procedure provided for in
Article 38 of Regulation No 136/66/EEC, the Commission
shall specify:

(a) conditions for the approval of operators' organisations

and their associations;

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

four 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 2002, of the
programmes concerned.’;

5.

in the first subparagraph of Article 5, ‘1 November 2001’
shall be replaced by ‘1 November 2004’.

Article 3

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

It shall apply from 1 November 2001. However, point 6 of
Article 1 (replacing the Annex to Regulation No 136/66/EEC)
shall apply only from 1 November 2003, with the exception of
point 4 of the Annex concerned.

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

Done at Brussels, 23 July 2001.

For the Council

The President

A. NEYTS-UYTTEBROECK

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ANNEX

‘ANNEX

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 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

Virgin olive oil having a maximum free acidity, 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.

(b) Virgin olive oil

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

(c) 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 comply with those laid down for this category.

2. REFINED OLIVE OIL

Olive oil obtained by refining virgin 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 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 refined olive oil and virgin 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 of which comply with
those laid down for this category.

4. CRUDE OLIVE-POMACE OIL

Oil obtained from olive pomace by treatment with solvents or by physical means or oil corresponding to lampante
olive oil, except for certain specified characteristics, excluding oil obtained by means of re-esterification 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 a 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 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.’