Council Regulation (EC) No 865/2004 of 29 April 2004.on the common organisation of the market in olive oil and table olives and amending Regulation (EEC) No 827/68
Date: 2004-04-29
Institutions: Council of the European Union
Subjects: common organisation of markets, olive, olive oil

97
30.4.2004 
_______________________________________________________________________________ 

Official Journal of the European Union 

L 161/ 

EN 

COUNCIL REGULATION (EC) No 865/2004 

of 29.4.2004 

on the common organisation of the market 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 European Community, and in particular Article 36 and 

the third subparagraph of Article 37(2), 

Having regard to the proposal 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  
2  

Opinion delivered on 10 March 2004 (not yet published in the Official Journal). 
Opinion delivered on 25 February 2004 (not yet published in the Official Journal). 

 
 
 
 
 
 
 
 
 
 
 
 
                                                 
98
30.4.2004 
_______________________________________________________________________________ 

Official Journal of the European Union 

L 161/ 

EN 

Whereas: 

(1)  The common agricultural policy pursues the objectives set out in Article 33 of the Treaty.  In 

order to stabilise markets and ensure a fair standard 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 common agricultural policy and establishing 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 amended by Regulation (EC) No …/2004 (see 
p. … of this Official Journal). 

 
 
 
 
 
                                                 
99
30.4.2004 
_______________________________________________________________________________ 

Official Journal of the European Union 

L 161/ 

EN 

(3)  Council Regulation No 136/66/EEC of 22 September 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 

2 

3 

4 

5 

6 

7 

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). 
Regulation (EEC) No 154/75 of the Council of 21 January 1975 on the establishment of a 
register of olive cultivation in the Member 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). 
Council Regulation (EEC) No 2754/78 of 23 November 1978 on intervention in the olive oil 
sector (OJ L 331, 28.11.1978, p. 13).  Regulation as amended by Regulation (EEC) 
No 2203/90 (OJ L 201, 31.7.1990, p. 5). 
Council Regulation (EEC) No 3519/83 of 12 December 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). 
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 olive 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). 
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 2292/2001 (OJ L 308, 27.11.2001, p. 1). 
Council Regulation (EEC) No 3067/85 of 29 October 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). 

 
 
 
 
                                                 
100
30.4.2004 
_______________________________________________________________________________ 

Official Journal of the European Union 

L 161/ 

EN 

(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 

2 

3 

4 

5 

6 

Council Regulation (EEC) No 1332/92 of 18 May 1992 introducing specific measures for 
table olives (OJ L 145, 27.5.1992, p. 1).  Regulation as amended by Regulation (EC) 
No 2826/2000 (OJ L 328, 23.12.2000, p. 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). 
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). 
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 retained in the olive oil sector, together with the 
maximum guarantee quantity (OJ L 196, 24.7.1997, p. 4). 
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). 
Council Regulation (EC) No 1873/2002 of 14 October 2002 setting the limits to the 
Community financing of work programmes drawn 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). 

 
 
                                                 
101
30.4.2004 
_______________________________________________________________________________ 

Official Journal of the European Union 

L 161/ 

EN 

(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 with other oils and fats.  To avoid 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 characteristics of each olive oil standard. 

(8)  Taking into account the influence of variation in the level of the productions and the world 

market supply available, there should be provision for appropriate measures to be taken in 

order to stabilise the internal market. 

(9)  The system of aid for private storage contracts 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. 

 
 
 
 
 
 
 
102
30.4.2004 
_______________________________________________________________________________ 

Official Journal of the European Union 

L 161/ 

EN 

(10)  The contribution of olive oil and table olive operators to improve and guarantee the quality of 

the products in question and so to develop the consumers' interests 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 work programmes for the purpose 

of improving the production quality of olive oil and table olives.  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 volume of olive oil trade with third countries while aiming at a 

simplification of administrative procedures, provision should be made for an import licence 

scheme with the lodging of a security to ensure that the transactions for which such licences 

are requested are effected.  If market developments made necessary a closer follow-up of 

exports of olive oil from the Community, the Commission should be authorised to introduce a 

system of export licences. 

(13)  The Community market for olive 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. 

 
 
 
 
 
 
103
30.4.2004 
_______________________________________________________________________________ 

Official Journal of the European Union 

L 161/ 

EN 

(14)  For the most part, the customs duties applicable to agricultural products under the World 

Trade Organisation (WTO) agreements are laid down in the common customs tariff.  

However, the Commission should be able to suspend these duties partially or fully in order to 

ensure an adequate supply of the 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 disturbances that might ensue, the Community 

should be able to take all necessary measures without delay.  All such measures should 

comply with the obligations arising from the WTO agreements. 

(17)  The proper working of a single market based on common prices would be jeopardised by the 

granting of national aid.  Therefore, 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 olives is in continuous development, the 

Member States and the Commission should keep each other informed of these developments. 

 
 
 
 
 
 
 
104
30.4.2004 
_______________________________________________________________________________ 

Official Journal of the European Union 

L 161/ 

EN 

(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 obligations arising from the 

application of this Regulation should be financed 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 common market organisation in olive oil and 

table olives, or by any other common market 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 
2 
3 

OJ L 184, 17.7.1999, p. 23. 
OJ L 160, 26.6.1999, p. 103. 
OJ L 151, 30.6.1968, p. 16.  Regulation as last amended by Commission Regulation (EC) 
No 1272/2002 (OJ L 184, 13.7.2002, p. 7). 

 
 
 
 
 
 
 
                                                 
105
30.4.2004 
_______________________________________________________________________________ 

Official Journal of the European Union 

L 161/ 

EN 

CHAPTER I 

INTRODUCTORY PROVISIONS AND QUALITY REQUIREMENTS 

Article 1 

The common organisation of the market in olive oil and table olives shall cover the following 

products: 

CN code 

Description 

(a)  1509 

1510 00  

Olive oil and its fractions, whether or not refined, but not chemically 
modified 

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 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, sliced, broken or in powder, but not further 

prepared 

2001 90 65 

Olives prepared or preserved 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 otherwise 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 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
106
30.4.2004 
_______________________________________________________________________________ 

Official Journal of the European Union 

L 161/ 

EN 

Article 2 

The marketing year for the products listed in Article 1 shall begin on 1 July and end on 30 June of 

the following year.  However, the 2005/06 marketing year shall begin on 1 November 2005. 

Article 3 

This Regulation shall apply without 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 points 1(a) and (b), 3 and 6 of Annex I may be marketed at the retail 

stage. 

 
 
 
 
 
 
 
 
107
30.4.2004 
_______________________________________________________________________________ 

Official Journal of the European Union 

L 161/ 

EN 

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 products referred in Article 1(a) taking into account technical production 

and marketing requirements and changes in the methods used for determining the physical, 

chemical and organoleptic characteristics of these products. 

Where such standards are laid down, the products to which they apply may be marketed in the 

Community 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 and shall apply penalties as appropriate.  They 

shall notify the Commission of the arrangements they have taken for the purpose of applying this 

paragraph. 

 
 
 
 
 
 
 
 
 
 
 
 
108
30.4.2004 
_______________________________________________________________________________ 

Official Journal of the European Union 

L 161/ 

EN 

3.   The marketing standards, as well as 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 procedure 

referred to in Article 18(2). 

SECTION 2 

DISTURBANCE OF THE MARKET 

Article 6 

1.   In order to regularise the market in the event of serious disturbance thereof in certain 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 first 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. 

 
 
 
 
 
 
 
 
 
 
 
 
109
30.4.2004 
_______________________________________________________________________________ 

Official Journal of the European Union 

L 161/ 

EN 

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 paragraph 2 and the detailed rules 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 comprise approved producers' 

organisations, approved interbranch organisations or approved organisations of other operators in 

the olive oil sector or their associations. 

 
 
 
 
 
 
 
 
 
 
110
30.4.2004 
_______________________________________________________________________________ 

Official Journal of the European Union 

L 161/ 

EN 

2.   For the purposes of this Section, "approved interbranch 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, 

– 

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. 

Article 8 

1.   The amounts withheld by Member States in accordance 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 quality of olive oil and table olives; 

 
 
 
 
 
 
 
 
 
 
 
111
30.4.2004 
_______________________________________________________________________________ 

Official Journal of the European Union 

L 161/ 

EN 

(d) 

the traceability system, the certification and protection of the quality of olive oil and table 

olives, in particular the monitoring of the quality of olive oils sold to final consumers, under 

the authority of the national administrations; 

(e) 

the dissemination of information on the activities carried out by operator 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 withheld by the Member States.  This funding shall concern 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 countries 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 Member State up to 50% of the costs not covered 

by the Community funding. 

 
 
 
 
 
 
 
 
 
112
30.4.2004 
_______________________________________________________________________________ 

Official Journal of the European Union 

L 161/ 

EN 

3.   Member States shall verify that the conditions for granting Community funding are met.  To that 

end, they shall carry out an audit of work programmes and a control 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 organisations in receipt of Community funding under this 

Article. 

Article 9 

In accordance with the procedure referred to in Article 18(2), detailed rules shall be adopted 

concerning: 

(a) 

the conditions for the approval of operators' organisations and their associations; 

(b) 

the types of activities eligible 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 sanctions as well as the audit of work programmes; 

(e) 

any other detailed measure that might be necessary for the implementation of this Section. 

 
 
 
 
 
 
 
 
 
 
113
30.4.2004 
_______________________________________________________________________________ 

Official Journal of the European Union 

L 161/ 

EN 

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, irrespective of his place of 

establishment in the Community. 

2.   Import 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 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 carried out only partially, within that period. 

3.   Where necessary for the purposes of following market developments, it may be decided, in 

accordance with the procedure referred to in Article 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. 

 
 
 
 
 
 
 
 
 
 
114
30.4.2004 
_______________________________________________________________________________ 

Official Journal of the European Union 

L 161/ 

EN 

4.   The term of validity of licences and other detailed rules for the application of this Article shall 

be adopted in accordance with the procedure 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 second 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 application of common customs duties to olive oil, and 

establish the detailed arrangements for any such suspension, 

– 

to open an import quota for olive oil at a reduced rate of the common customs duties and 

establish the detailed arrangements for managing such quota. 

These measures shall apply for the minimum necessary period, which in any event shall not exceed 

the end of the marketing year in question. 

 
 
 
 
 
 
 
 
 
115
30.4.2004 
_______________________________________________________________________________ 

Official Journal of the European Union 

L 161/ 

EN 

Article 12 

1.   The general rules for the interpretation of the combined nomenclature and the detailed 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 into 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: 

(a) 

the levying of any charge having equivalent effect to a customs duty; 

(b) 

the application of any quantitative restriction or measures having 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 prohibited in accordance with the procedure referred to 

in Article 18(2). 

 
 
 
 
 
 
 
 
 
116
30.4.2004 
_______________________________________________________________________________ 

Official Journal of the European Union 

L 161/ 

EN 

Article 14 

1.   If, by reason of imports or exports, the Community market in one or more of the products listed 

in Article 1 is affected by, or it is threatened with, serious disturbance 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 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 

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 notified.  The Council shall meet 

without delay.  It may, acting by a qualified majority, amend or annul the 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 accordance with Article 300(2) of the Treaty. 

 
 
 
 
 
 
 
 
117
30.4.2004 
_______________________________________________________________________________ 

Official Journal of the European Union 

L 161/ 

EN 

CHAPTER IV 

GENERAL PROVISIONS 

Article 15 

Unless this Regulation provides otherwise, Articles 87, 88 and 89 of the Treaty shall apply to the 

production of, and trade in, the products listed 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 Commission shall send each other any information necessary for the 

application of this Regulation and for complying with the international obligations 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 procedure referred to in Article 18(2). 

 
 
 
 
 
 
 
 
 
 
 
 
118
30.4.2004 
_______________________________________________________________________________ 

Official Journal of the European Union 

L 161/ 

EN 

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 paragraph, 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 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 referred 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 implementation thereof shall apply to 

the expenditure incurred by the Member States in carrying out obligations under this Regulation. 

 
 
 
 
 
 
 
 
 
 
 
119
30.4.2004 
_______________________________________________________________________________ 

Official Journal of the European Union 

L 161/ 

EN 

CHAPTER V 

TRANSITIONAL AND FINAL RULES 

Article 21 

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

1) 

In Article 5, paragraph 2 shall be replaced by the following: 

"2.  From the 1998/1999 marketing year, the unit 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 marketing years" shall be replaced by "from 

the 2002/2003 marketing year"; 

2) 

in Article 3, "for the 2002/2003 and 2003/2004 marketing years" shall be replaced by "from 

the 2002/2003 marketing year". 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
120
30.4.2004 
_______________________________________________________________________________ 

Official Journal of the European Union 

L 161/ 

EN 

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 from 1 November 2005. 

However, the provisions necessary for the management and control of the production aid shall 

remain applicable for the purposes of managing 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 hereby amended in accordance with Annex II to this 

Regulation. 

 
 
 
 
 
 
 
 
 
121
30.4.2004 
_______________________________________________________________________________ 

Official Journal of the European Union 

L 161/ 

EN 

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 

___________________ 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
122
30.4.2004 
_______________________________________________________________________________ 

Official Journal of the European Union 

L 161/ 

EN 

DESCRIPTIONS AND DEFINITIONS OF OLIVE OIL AND OLIVE-POMACE OILS 

REFERRED TO IN ARTICLE 4 

ANNEX I 

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, 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. 

 
 
 
 
 
 
 
 
 
123
30.4.2004 
_______________________________________________________________________________ 

Official Journal of the European Union 

L 161/ 

EN 

(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 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. 

 
 
 
 
 
 
 
 
 
 
124
30.4.2004 
_______________________________________________________________________________ 

Official Journal of the European Union 

L 161/ 

EN 

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 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. 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
125
30.4.2004 
_______________________________________________________________________________ 

Official Journal of the European Union 

L 161/ 

EN 

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 

1203 00 00 

1206 00 91 

ex 1206 00 99 

1207 10 90 

1207 20 90 

1207 30 90 

1207 40 90 

1207 50 90 

1207 60 90 

1207 91 90 

Ground-nuts, not roasted or otherwise cooked, shelled, whether or not broken 

Copra 

Sunflower seeds, whether or not broken, other than for sowing 

Palm nuts and kernels, whether or not broken, other than for sowing 

Cotton seeds, whether or not broken, other than for sowing 

Castor oil seeds, whether or not broken, other than for sowing 

Sesamum seeds, whether or not broken, other than for sowing 

Mustard seeds, whether or not broken, other than for sowing 

Safflower seeds, whether or not broken, other than for sowing 

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" 

; 

 
 
 
 
 
 
126
30.4.2004 
_______________________________________________________________________________ 

Official Journal of the European Union 

L 161/ 

EN 

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 

15 07 

15 08 

15 11 

15 12 

15 13 

15 14 

ex 1515 

ex 1516 

ex 1517 

1518 00 31 

1518 00 39 

1522 00 91 

Fats and oils and their fractions, of fish or marine mammals, whether or not refined, 
but not chemically modified 

Soya-bean oil and its fractions, whether or not refined, but not chemically modified 

Ground-nut oil and its fractions, whether or not refined, but not chemically modified 

Palm oil and its fractions, whether or not refined, but not chemically modified 

Sunflower seed, safflower or cotton-seed oil and their fractions, whether or not 
refined, but not chemically modified 

Coconut (copra), palm kernel or babassu oil and fractions thereof, whether or not 
refined, but not chemically modified 

Rape, colza or mustard oil and fractions thereof, whether or not refined, but not 
chemically modified 

Other fixed vegetable fats and oils (excluding jojoba oil: 1515 90 15) and their 
fractions, whether or not refined, but not chemically modified 

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) 

Margarine, edible mixtures or preparations of animal or vegetable fats or oils or of 
fractions of different fats or oils of this Chapter, other than edible fats or oils or their 
fractions of heading No 1516, excluding subheadings 1517 10 10, 1517 90 10 and 
1517 90 93 

Fixed vegetable oils, fluid, mixed for technical or industrial uses other than the 
manufacture of foodstuffs for human consumption 

Oil foots and dregs; soapstocks, resulting from the treatment of fatty substances or 
animal or vegetable waxes, excluding those containing oil having the characteristics 
of olive oil 

1522 00 99 

Other residues resulting from the treatment of fatty substances or animal or vegetable 
waxes, excluding those containing oil having the characteristics of olive oil" 

; 

 
 
 
127
30.4.2004 
_______________________________________________________________________________ 

Official Journal of the European Union 

L 161/ 

EN 

3) 

After the description of the goods under CN code 2302 50 00 ("– of leguminous plants"), 

the following shall be inserted: 

"2304 00 00 

2305 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 

Oil-cake and other solid residues, whether or not ground or in the form of pellets, 
resulting from the extraction of ground-nut oil".