International Agreement on Olive Oil and Table Olives, 2005
Date: 2005-04-29
Institutions: European Community, United Nations Organisation
Subjects: agreement (EU), commodity agreement, international agreement, olive, olive oil

19.11.2005

EN

Official Journal of the European Union

L 302/47

UNITED NATIONS CONFERENCE ON TRADE AND DEVELOPMENT

INTERNATIONAL AGREEMENT ON OLIVE OIL AND TABLE OLIVES, 2005

UNITED NATIONS

Geneva, 2005

Symbols of United Nations documents are composed of capital letters combined with figures. Mention of
such a symbol indicates a reference to a United Nations document.

NOTE

TD/OLIVE OIL.10/6

L 302/48

EN

Official Journal of the European Union

19.11.2005

THE PARTIES TO THIS AGREEMENT,

PREAMBLE

EMPHASISING that olive cultivation governs the existence and standard of living of millions of families which are
dependent on the measures taken to maintain and expand the consumption of olive products and to enhance the
world economy for such products,

BEARING IN MIND that the olive tree is a plant that is indispensable for the continuous maintenance and conservation of
soils, due to its perennial nature, and that it is also instrumental in developing land that will not bear other crops and
which, even under non-intensive farming conditions, responds favourably to any improvement in cultivation,

MINDFUL that olive oil and table olives are essential basic commodities in the regions where olive growing is established
and that they are basic constituents of the Mediterranean diet and recently also of other diets,

BEARING IN MIND that olive production is irregular, which gives rise to special difficulties that may seriously harm the
interests of producers and consumers and jeopardise general policies of economic expansion in countries of the regions
where olive growing is established,

EMPHASISING in this connection the major importance of olive production to the economies of many countries,

MINDFUL that the measures to be taken in the light of the particular characteristics of olive growing and of the market
for its products transcend the national sphere, and international action is essential,

BEING OF THE VIEW that it is essential to continue and develop the work undertaken within the framework of the
previous agreements concluded since the 1956 Agreement until the 1986 Agreement, as amended in 1993, and that it is
necessary to negotiate a new updated agreement in the light of the changes in the industry,

TAKING INTO ACCOUNT the provisions of the São Paulo Consensus of the 11th session of the United Nations
Conference on Trade and Development,

HAVE AGREED AS FOLLOWS:

CHAPTER I

General objectives

Article 1

General objectives

The general objectives of this Agreement are indicated hereafter:

olive growing and the olive products industry and of
improving the quality of production,

— to lay the foundations of international cooperation in
international trade in olive oils, olive-pomace oils and
table olives to create, in this context, close cooperative
ties with the representatives of the various stakeholders
in compliance with the
of
corresponding international agreements and accords,

the olive products sector,

1. With respect to international technical cooperation:

— to further the efforts made and steps taken to improve

and draw notice to product quality,

— to foster international cooperation for the integrated,

sustainable development of world olive growing,

— to foster

industriali-
the coordination of production,
sation, storage and marketing policies for olive oils,
olive-pomace oils and table olives,

— to further the efforts made and steps taken to improve
the interaction between olive growing and the envi-
ronment, particularly with a view to protecting and
conserving the environment,

— to examine and foster the integral utilisation of

the

products derived from the olive tree,

— to encourage research and development and to foster the
transfer of technology and training activities in the olive
products sector with the aim, inter alia, of modernising

— to conduct activities for the preservation of the gene

sources of olive trees.

19.11.2005

EN

Official Journal of the European Union

L 302/49

2. With respect to the standardisation of international trade in

olive products:

— to undertake activities fostering a better understanding of
the nutritional, therapeutic and other properties of olive
oil and table olives,

— to carry on conducting collaborative activities in the area
of physico-chemical and sensory testing in order to add
to the knowledge of the composition and quality char-
acteristics of olive products, with a view to establishing
international standards enabling:

— to maintain and amplify the role of the International
Olive Council as a meeting point for all the operators
in the sector and as a world documentation and infor-
mation centre on the olive tree and its products.

— product quality control,

— fair international trading,

— protection of consumer rights,

CHAPTER II

Definitions

Article 2

Definitions

— prevention of fraudulent practices;

For the purposes of this Agreement:

— to facilitate the study and application of measures for
harmonising national and international laws relating, in
particular, to the marketing of olive oil and table olives,

1.

‘International Olive Council’ means the international organi-
sation referred to in Article 3(1), established for the purpose
of applying the provisions of this Agreement;

— to encourage harmonisation of the criteria for the defi-
nition of geographical
indications granted by the
Members with a view to their international protection,

2.

‘Council of Members’ means the decision-making organ of
the International Olive Council;

— to lay the foundations of international cooperation to
prevent and, where appropriate,
to combat any frau-
trade in any edible
dulent practices in international
olive products by establishing close cooperative ties in
this context with the representatives of the various stake-
holders of the olive products sector.

3. With respect to the expansion of international trade and the

promotion of olive products:

expansion of

— to promote any activities conducive to the harmonious,
sustainable
the world olive products
economy by every means in the power of the Interna-
fields of production,
in the
tional Olive Council
consumption and international trade, having regard to
the ways in which they are interrelated,

— to facilitate the study and application of measures for
balancing production and consumption and the estab-
lishment of procedures for information and consultation
in order to enhance the transparency of the market,

— to implement measures designed to expand international
trade in olive products and to adopt whatever measures
are appropriate to enhance the consumption of olive oil
and table olives,

3.

‘Member’ means a Contracting Party to this Agreement;

4.

5.

‘olive oils’ means the oils obtained solely from the fruit of
the olive tree, to the exclusion of oils obtained by solvent or
re-esterification processes and of any mixture with oils of
other kinds;

‘table olives’ means the product prepared from the sound
the cultivated olive tree which are
fruits of varieties of
chosen for their production of olives particularly suited to
curing, and which are suitably treated or processed and
offered for trade and for final consumption;

6.

‘olive products’ means all edible olive products, in particular
olive oils, olive-pomace oils and table olives;

7.

‘olive by-products’ means, in particular, the products derived
from olive pruning and the olive products industry and the
products resulting from alternative uses of the products of
the sector;

8.

‘olive crop year’ means the period from 1 October of each
year to 30 September of the following year.

L 302/50

EN

Official Journal of the European Union

19.11.2005

PART ONE

INSTITUTIONAL PROVISIONS

CHAPTER III

Article 5

International Olive Council

Privileges and immunities

S e c t i o n I

E s t a b l i s h m e n t , o r g a n s ,

f u n c t i o n s , p r i v i -

l e g e s a n d i m m u n i t i e s

The International Olive Council shall have international
1.
legal personality.
in particular, have the capacity to
contract, to acquire and dispose of movable and immovable
property and to institute legal proceedings. It shall not have
the power to borrow money.

It shall,

Article 3

Establishment, headquarters and structure of the Interna-
tional Olive Council

1.

The International Olive Council shall act through:

In the territory of each Member, and in so far as that
2.
Member’s legislation allows,
the International Olive Council
shall have the legal capacity necessary for the performance of
the functions conferred upon it by this Agreement.

— its Chairperson,

— its Council of Members and, as the case may be,

its

committees and subcommittees,

— its Executive Secretariat,

in accordance with the provisions laid down in sections II to V.

For the purpose of

its proper functioning,

3.
the status,
privileges and immunities of the International Olive Council,
of its Executive Director, senior officials and other staff of its
Executive Secretariat, of experts and of the delegations of the
Members in the territory of Spain shall be governed by a Head-
quarters Agreement.

4.
The Government of the State in which the headquarters of
the International Olive Council is situated shall, in so far as the
legislation of that State allows, exempt the remuneration paid
by the International Olive Council to its employees and the
assets,
income and other property of the International Olive
Council from taxation.

2.
The headquarters of the International Olive Council shall
be in Madrid (Spain) unless the Council of Members decides
otherwise.

The International Olive Council may conclude with one or
5.
more Members agreements relating to such privileges and
immunities as may be necessary for the proper application of
this Agreement.

Article 4

Representation of the Members in the International Olive
Council

Each Member shall designate its representative in the

1.
International Olive Council.

S e c t i o n I I

C o u n c i l o f M e m b e r s

Article 6

Composition and functions

of

international

Any reference in this Agreement to a ‘Government’ or
2.
‘Governments’ shall be construed as including the European
Community and any intergovernmental organisation having
responsibilities in respect of the negotiation, conclusion and
application
particular
commodity agreements. Accordingly, any reference in this
Agreement
to signature, ratification, acceptance or approval,
to notification of provisional application or to accession shall,
in the case of the European Community or such intergovern-
mental organisations, be construed as including a reference to
signature, ratification, acceptance or approval, to notification of
provisional application or
to accession by the European
Community or such intergovernmental organisations.

agreements,

in

1.
The Council of Members shall be composed of one
delegate per Member. Furthermore, each Member may appoint
one or more alternates and one or more advisers to its delegate.

the International Olive Council.

The Council of Members shall be the principal decision-
2.
It shall
making organ of
exercise all such powers and perform or arrange for
the
performance of all such functions as are necessary to achieve
the objectives of this Agreement. The Council of Members shall
take any decisions, adopt any recommendations or make any
this Agreement,
suggestions provided for, or envisaged in,
unless powers or
explicitly vested in the
Executive Secretariat or the Executive Director.

functions

are

19.11.2005

EN

Official Journal of the European Union

L 302/51

Any decisions, recommendations or suggestions adopted in
accordance with the International Agreement which preceded
this Agreement (1) and which are still in force at the time of
the entry into force of this Agreement shall continue to apply
unless they are contrary to this Agreement or they are repealed
by the Council of Members.

3.
The Council of Members shall,
provisions of this Agreement, adopt:

in accordance with the

(a) Rules of Procedure;

(b) Staff Regulations having regard to those applying to officials

of similar intergovernmental organisations; and

(c) an organisation chart.

to enable it

The Council of Members shall undertake or arrange for
4.
the undertaking of
including the
studies or other work,
collection of detailed information on the various kinds ofaid
for activities relating to olive growing and olive products, so
as
to formulate any recommendations and
suggestions
it may consider appropriate for achieving the
general objectives set forth in Article 1. Any such studies and
work shall, in particular, cover as many countries or groups of
countries as possible and take into account the general, social
and economic conditions of the countries concerned.

shall

inform the Council of Members,

The Members
in
accordance with a procedure defined by the aforesaid Council,
of the conclusions they reach after considering the recommen-
dations and suggestions arising from the application of this
Agreement.

The Council of Members shall publish an annual report on

5.
its activities and on the operation of this Agreement.

The Council of Members shall draw up, prepare and
6.
the International Olive
publish in the official
it
such reports,
Council
deems useful and necessary, and shall keep up to date such
records as it
this
Agreement.

languages of
studies and other documents as

requires to perform its functions under

Article 7

Sessions of the Council of Members

The Council of Members shall meet at the headquarters of
1.
the International Olive Council unless it decides otherwise. If,
on the invitation of any Member,
the Council of Members
decides to meet elsewhere, that Member shall bear the extra
the International
expenditure this entails for the budget of
Olive Council over and above that
incurred in holding a
session at the headquarters.

(1) International Agreement on Olive Oil and Table Olives, 1986, as

amended and extended, 1993, and last prolonged, 2004.

The Council of Members shall hold a regular session at

2.
least once a year, in the autumn.

Any Member may authorise the delegate of another Member to
represent its interests and to exercise its right to participate in
decisions of the Council of Members at one or more of its
sessions. Evidence of such authorisation acceptable to the
Council of Members shall be submitted thereto.

The delegate of a Member may not represent the interests or
exercise the right to participate in decisions of the Council of
Members of more than one other Member.

3.
The Council of Members may be convened at any time at
the discretion of its Chairperson. The Chairperson may also
convene the Council of Members if so requested by various
Members or by one single Member supported by at least two
other Members.

The expenses of delegations to the Council of Members

4.
shall be met by the Members concerned.

5.
Notice of any sessions provided for in paragraph 2 of this
Article shall be given at least 60 days before the date of the first
meeting of each such session. Notice of the sessions provided
for in paragraph 3 of this Article shall be given at least 21 days
before the date of the first meeting of each such session.

The quorum required for every session of the Council of
6.
Members shall be the presence of the delegates of the majority
of the Members holding at least 90 % of the total participation
shares allotted to the Members.

If this quorum does not exist, the session shall be postponed for
24 hours and the quorum required shall be the presence of the
delegates of the Members holding at least 85 % of the total
participation shares allotted to the Members.

7.
The following may, with the prior consent of the Council
of Members, attend as an observer all or part of any of the
sessions of the Council of Members:

(a)

the international organisations and institutions referred to in
Article 14 of this Agreement;

(b) the Government of any member or observer State of the
United Nations or of one of the organisations referred to in
Article 14 of this Agreement which envisages becoming a
Party to this Agreement,
following written consultation
between the date on which the notice of the session is
sent and the date on which the session is held.

L 302/52

EN

Official Journal of the European Union

19.11.2005

Observers shall not be entitled to address the sessions of the
Council of Members unless so authorised by the Chairperson.

Members shall modify the shares as appropriate, in compliance
with paragraphs 1, 2 and 3 of this Article.

Article 8

Participation shares

Article 9

Decisions of the Council of Members

The Members shall

1.
shares.

together hold 1 000 participation

The participation shares shall be divided among the Members in
proportion to the source data of each Member, calculated
according to the following formula:

1.
Unless otherwise provided in this Agreement, decisions of
the Council of Members shall be taken by consensus of the
Members within a time limit laid down by the Chairperson.
Such time limit may not exceed the duration of the session
at which the draft decision is submitted to the Council of
Members.

q = p1 + e1 + p2 + e2

If consensus is not reached within this time limit, Members shall
take a vote.

The parameters in this formula are averages expressed in
thousands of metric tonnes, any fraction of 1 000 tonnes
above a whole number being disregarded. There may be no
fractions of participation shares.

q:

source data used for proportionately calculating the parti-
cipation shares

p1: average olive oil production of the last six olive crop years

2.
Any decision shall be considered to be adopted when at
least 50 % of the Members accounting for 82 % of the partici-
pation shares are in favour thereof.

3.
The Council of Members may take decisions by an
exchange of correspondence between the Chairperson and the
Members without holding a session, provided that no Member
objects to this procedure.

e1: average (customs) olive oil exports of the last six calendar
years corresponding to the end years of the olive crop years
considered for calculating p1

The rules for the application of this consultation procedure shall
be laid down by the Council of Members in its Rules of
Procedure.

p2: average table olive production of the last six olive crop
years converted into its olive oil equivalent by the appli-
cation of a conversion coefficient of 16 %

e2: average (customs) table olive exports of the last six calendar
years corresponding to the end years of the olive crop years
considered for calculating p2, and converted into their olive
oil equivalent by the application of a conversion coefficient
of 16 %.

However, no Member shall hold less than five partici-
2.
pation shares. For that purpose,
if the calculation based on
paragraph 1 should give a result of less than five participation
shares for an individual Member, that Member’s share shall be
increased to five and the participation shares of
the other
Members shall be decreased proportionately.

3.
The Council of Members shall, at its annual session, adopt
the participation shares calculated under this Article. Such distri-
bution shall be in force for the following year.

4.
The initial participation shares are contained in Annex A
to this Agreement. They are determined on the basis of para-
graphs 1 and 2 of this Article in the light of the average of the
data for the last six olive crop years and calendar years for
the Council of
which final data are available. Each year

the
Any decision so taken shall be communicated to all
Members by the Executive Secretariat as quickly as possible
and shall be entered in the final report of
the following
session of the Council of Members.

S e c t i o n I I I

C h a i r p e r s o n a n d V i c e - C h a i r p e r s o n

Article 10

Chairperson and Vice-Chairperson

1.
The Council of Members shall elect a Chairperson from
among the delegations of the Members. In the event of the
Chairperson being the Head of Delegation, his or her right of
participation in decisions of the Council of Members shall be
exercised by another member of his or her delegation.

Without prejudice to the powers or functions vested in the
Executive Director in, or in accordance with, this Agreement,
the Chairperson shall exercise the powers or functions set out in
this Agreement and further specified in the Rules of Procedure.
Furthermore, the Chairperson shall represent the International
Olive Council legally and shall chair the sessions of the Council
of Members.

19.11.2005

EN

Official Journal of the European Union

L 302/53

The Council of Members shall also elect a Vice-Chair-
2.
person from among the delegations of the Members. In the
event of the Vice-Chairperson being the Head of Delegation,
the Vice-Chairperson shall have the right
to participate in
decisions of the Council of Members except when acting as
Chairperson, in which case he or she shall delegate this right
to another member of his or her delegation.

Article 12

Other committees and subcommittees

The Council of Members may establish such committees
1.
and subcommittees as it deems useful for assisting it in the
exercise of its functions under this Agreement.

The Vice-Chairperson shall replace the Chairperson in the event
of his or her absence.

Detailed rules for the application of this provision shall be
2.
established and adopted by the Council of Members in its Rules
of Procedure. Such rules shall:

The Chairperson and the Vice-Chairperson shall not

3.
receive any remuneration.

(a) ensure the fair allocation of the committee chairs among the

different Members;

In the event of the temporary absence of both the Chair-
4.
person and the Vice-Chairperson or of the permanent absence
of one or both, the Council of Members shall elect new officers,
temporary or permanent as appropriate, from among the dele-
gations of the Members.

(b) establish the provisions governing the

admission of
observers to the meetings of its committees and subcom-
mittees.

S e c t i o n V

S e c t i o n I V

E x e c u t i v e S e c r e t a r i a t

C o m m i t t e e s a n d s u b c o m m i t t e e s

Article 11

Financial Committee

The Council of Members

1.
Committee comprising one delegate of each Member.

shall establish a Financial

The Financial Committee shall be responsible for the
2.
financial control of
the International Olive Council and for
the control of the application of chapter IV of this Agreement.

In this context, it shall be in charge of analysing and studying
the draft annual budgets of the International Olive Council
proposed by the Executive Secretariat. Only the draft budgets
resulting from the discussions of the Financial Committee shall
be submitted to the Council of Members for adoption.

The Financial Committee shall
examining the accounts of the International Olive Council
accordance with the provisions of Article 18.

likewise be responsible for
in

Each year, the Financial Committee shall submit the accounts
for the preceding financial year to the Council of Members for
adoption at its annual session together with any other measure
dealing with financial matters.

Article 13

Executive Secretariat

The International Olive Council shall have an Executive
1.
Secretariat comprising an Executive Director, senior officials and
such staff as are required to perform the tasks arising from this
Agreement. The posts of the Executive Director and of the
senior officials shall be defined in the Rules of Procedure
adopted by the Council of Members.

The Council of Members shall appoint

2.
the Executive
Director and senior officials on the basis of the principle of
proportionate alternation among the Members and of geogra-
phical equilibrium.

The Council of Members shall fix their terms of appointment in
the light of those applying to corresponding officials of similar
intergovernmental organisations. Their profile shall be described
in the Rules of Procedure.

The Executive Director shall be the chief administrative
3.
officer of
the International Olive Council. The Executive
Director shall carry out his or her duties and take management
decisions on a collegiate basis with the senior officials.

4.
shall
The Executive Director
accordance with the Staff Regulations.

appoint

the

staff

in

3.
Detailed rules for the application of these provisions shall
be established and adopted by the Council of Members in its
Rules of Procedure.

5.
The Executive Director, the senior officials and the other
members of the staff shall not carry out any gainful activity in
any of
the olive-growing and olive-
products industry.

the various sectors of

L 302/54

EN

Official Journal of the European Union

19.11.2005

this Agreement

from any Member or

The Executive Director and the senior officials and staff
6.
shall not seek or receive instructions regarding their duties
under
from any
authority external
to the International Olive Council. They
shall refrain from any action which might reflect on their
responsible only to the
position as
international officials
Council of Members. Members shall respect
the exclusively
international character of the responsibilities of the Executive
Director, senior officials and staff and shall avoid influencing
them in the discharge of their responsibilities.

S e c t i o n V I

C o o p e r a t i o n a n d r e l a t i o n s h i p w i t h o t h e r
o r g a n i s a t i o n s

Article 14

Cooperation with other organisations

in particular

The International Olive Council

the United Nations Development

1.
shall make whatever
arrangements are appropriate for consultation or cooperation
the
with the United Nations and its organs,
and Development
United Nations Conference on Trade
(Unctad),
Programme
(UNDP), the World Health Organisation (WHO), the Food and
Agriculture Organisation of the United Nations (FAO), the Joint
FAO/WHO Programme of the Codex Alimentarius Commission,
the International Labour Organisation (ILO), the United Nations
Educational, Scientific and Cultural Organisation (Unesco) and
other specialised agencies of the United Nations and with such

intergovernmental, governmental and non-governmental orga-
nisations as may be appropriate for the olive sector and as may
strive to provide funds to support the activities of the Interna-
tional Olive Council for the benefit of all the Members.

2.
The International Olive Council shall establish relations
and draw up, as appropriate, special collaborative agreements
with international or regional organisations or institutions of a
in particular with the Common Fund for
financial nature,
Commodities.

Any collaborative agreement established between the Interna-
tional Olive Council and the aforementioned international orga-
nisations or institutions shall receive the prior approval of the
Council of Members.

shall not,

In respect of the implementation of any project under this
in its
the International Olive Council
Article,
incur any
capacity as an international commodity body,
financial obligation for
individual
given by
Members or other entities. No Member shall be responsible
its membership in the International Olive
by reason of
Council for any liabilities arising from borrowing or lending
by any other Member or entity in connection with such
projects.

guarantees

The International Olive Council shall,

3.
if necessary, keep
Unctad informed of its activities and programs of work, bearing
in mind the particular
role of Unctad in international
commodity trade.

PART TWO

FINANCIAL PROVISIONS

CHAPTER IV

Budgets of the International Olive Council

Article 15

The administrative budget shall be financed by the contri-
2.
butions of
the Members and by any other related revenue
generated. The amount of the contribution of each Member
shall be established in proportion to its participation share as
set in compliance with Article 8 of this Agreement.

Budgets of the International Olive Council

3.

The technical cooperation budget shall be financed by:

1.
The Council of Members shall adopt the following annual
budgets to achieve the general objectives laid down in chapter I
of this Agreement:

— an administrative budget,

— a technical cooperation budget,

(a)

the amount of the contribution of each Member, which
shall be established in proportion to its participation share
as set in compliance with Article 8 of this Agreement;

(b) subsidies, voluntary contributions of the Members, which
shall be governed by the provisions embodied in an
agreement
International Olive
Council and the donor Member, and donations; and

established between the

— a promotion budget.

(c) any other related revenues generated.

19.11.2005

EN

Official Journal of the European Union

L 302/55

4.

The promotion budget shall be financed by:

(a)

the amount of the contribution of each Member, which
shall be established in proportion to its participation share
as set in compliance with Article 8 of this Agreement;

(b) the voluntary contributions of the Members, which shall be
governed by the provisions embodied in an agreement
established between the International Olive Council and
the donor Member;

(c) donations from Governments and/or other sources; and

(d) any other related revenues generated.

The International Olive Council may also receive other
5.
forms of
including services,
scientific and technical equipment and/or staff that may meet
the requirements of approved programmes.

supplementary contributions,

The International Olive Council shall, in addition, as part of the
development of international cooperation, endeavour to procure
financial and/ortechnical assistance as may be
such essential
regional or
obtainable
national organisations, whether financial or of some other kind.

international,

competent

from the

The above contributions shall be allocated by the Council of
Members either to the technical cooperation budget, or to the
promotion budget, or to both budgets.

6.
The amounts of the administrative budget, of the technical
cooperation budget and of the promotion budget that are not
committed during one calendar year may be carried forward to
the following calendar years as advance financing of the corre-
sponding budgets and shall be assigned thereto according to the
participation shares of each Member for the calendar year
concerned.

Such amounts may not, under any circumstances, be transferred
to other budgets unless
the Council of Members decides
otherwise.

Article 16

Administrative funds

In addition to the budgets referred to in Article 15, the Inter-
national Olive Council may be provided with the funds for
administrative purposes for which provision is made in its
Rules of Procedure.

Article 17

Payment of contributions

1.
Each year, at its annual session, the Council of Members
shall determine the amount of the contribution to be paid by

each Member for the following calendar year, which shall be
calculated on the basis of the number of participation shares
corresponding to each Member as established pursuant
to
Article 8.

2.
The initial conditions of any Member which becomes a
Party to this Agreement after its entry into force shall be
assessed by the Council of Members. The contribution of the
the share
new Member shall be calculated on the basis of
allotted to that Member and of the unexpired portion of the
year in question at
the new
Member, but the assessments made upon the other Members
for that calendar year shall not be altered.

the accession of

the time of

3.
The contributions provided for in Article 15 shall fall due
upon the first day of the calendar year for which they are
assessed. They shall be determined in Euro and be payable in
that currency or in the equivalent amount of another freely
convertible currency.

4.
The Council of Members shall, at the start of the calendar
year, request the Members to settle their contribution as soon as
possible to enable the International Olive Council to operate
normally and to enable the implementation of the activities
planned by it for the calendar year concerned.

If a Member does not settle its contribution within six months
of the start of the calendar year, the Council of Members shall
invite it to make payment within the following three months. If
these two deadlines are not met, the matter shall be brought to
the attention of the Council of Members at its regular session.
The right ofthe Member in arrears to participate in decisions of
the Council of Members and to hold elective office in the
Council of Members and its committees and subcommittees
shall be suspended automatically until the contribution is paid
in full. The Council of Members shall, after hearing the Member
in arrears, take any other appropriate decisions, which shall be
applied.

No decision of the Council of Members may relieve a

5.
Member of its financial obligations under this Agreement.

Article 18

Financial control

The financial control of the International Olive Council
1.
shall be carried out by the Financial Committee in accordance
with Article 11.

2.
The financial statements of the International Olive Council
for the previous calendar year, certified by an independent
auditor, shall be presented to the Financial Committee which,
after analysing the accounts, shall submit them to the Council
of Members at its annual session for approval and publication.

L 302/56

EN

Official Journal of the European Union

19.11.2005

shall designate the independent
The Council of Members
auditor by holding a tender in which at least three relevant
specialised firms shall take part.

— the regularity of financial operations and their conformity
with the rules and regulations and budgetary provisions in
force.

The independent auditor may not be designated for more than
three years.

No firm chosen to audit the accounts of the International Olive
Council may be reselected to act as auditor in the course of the
following nine years, during the life of this Agreement.

Furthermore, the Council of Members shall, at its annual

3.
session, examine and adopt the report relating to:

— the verification of the management of the funds, assets and

cash of the International Olive Council,

Article 19

Liquidation

The Council of Members shall, if dissolved, first take the

1.
steps stipulated in Article 47(5).

it

On the expiry of

this Agreement, and unless

2.
is
prolonged, extended or renewed, the assets of the International
Olive Council and any uncommitted sums proceeding from the
funds referred to in Article 16 as well as any uncommitted
sums of the budgets referred to in Article 15 shall be repaid
to Members in proportion to the total of their participation
the time. The voluntary contributions
shares
referred to in Article 15(4)(b) and 15(5)(b) and the donations
referred to in Article 15(5)(c) shall be repaid to the Member or
donor concerned.

in force at

PART THREE

ECONOMIC AND STANDARDISATION PROVISIONS

CHAPTER V

I. Olive oil:

Designations and definitions of olive oils, olive-pomace oils
and table olives — Geographical indications

A. virgin olive oils:

(a) virgin olive oils fit for consumption as they are:

Article 20

Use of the designation ‘olive oil’

The designation ‘olive oil’
shall be restricted to oil
1.
obtained solely from the olive,
to the exclusion of oil
obtained by solvent or re-esterification processes and of any
mixture with oils of other kinds.

In no case shall the designation ‘olive oil’ be used alone to

2.
refer to olive-pomace oils.

3.
The Members undertake to suppress in their internal and
international trade any use of the designation ‘olive oil’, alone or
in combination with other words, which is not in conformity
with this Article.

(i)

extra virgin olive oil;

(ii) virgin olive oil;

(iii) ordinary virgin olive oil;

(b) virgin olive oils not fit for consumption as they are:

lampante virgin olive oil;

B. refined olive oil;

C. olive oil.

II. Olive-pomace oil:

A. crude olive-pomace oil;

B. refined olive-pomace oil;

C. olive-pomace oil.

Article 21

The definitions of the following types of table olives are

2.
described in Annex C:

Designations and definitions of olive oils, olive-pomace oils
and table olives

(i)

green olives;

The definitions of the following different categories of

1.
olive oils and olive-pomace oils are described in Annex B:

(iii) black olives.

(ii) olives turning colour;

19.11.2005

EN

Official Journal of the European Union

L 302/57

The Council of Members may make all such amendments
3.
as it deems necessary or appropriate to the categories of oils
and types of table olives provided for in this Article and to the
definitions laid down in Annexes B and C.

give rise to confusion as to the origin, source or quality of the
olive oils, olive-pomace oils or table olives concerned.

Article 22

Disputes and conciliation

Article 23

Undertakings by Members

1.
The Members of the International Olive Council undertake
to apply the designations prescribed in Annexes B and C in
their international trade and shall encourage their application
in their internal trade.

Any dispute regarding geographical

indications arising
1.
from the interpretation of the provisions of this chapter or
from difficulties in their application shall,
if the dispute has
not been settled by direct negotiation, be examined by the
Council of Members.

2.
The Council of Members shall determine quality criteria
standards applicable to the international trade of the Members,
in accordance with Article 25(3).

3.
The Members undertake to analyse in detail the definition
of the designations and geographical indications that may be of
economic interest to the Members as well as the minimum
legal provisions required to ensure, or ensuring, the
national
protection of such indications. To this end, the International
Olive Council shall secure the means to develop a scheme of
mutual recognition of such indications.

Geographical

4.
indications, when given, may only be
applied to virgin olive oils and to table olives belonging to
the Extra trade category which are produced in accordance
with the relevant provisions for these products.

5.
Geographical indications may only be used in conformity
with the conditions prescribed by the law of the country of
origin.

in particular,

The Members undertake,

6.
to develop a
scheme for the mutual recognition of geographical indications
indications
to ensure protection, ex officio, of geographical
the Members, and to
protected under the national
prohibit and repress
the
the use in their
purposes of international trade, of such geographical indications
and designations of olive oils, olive-pomace oils and table olives
as conflict with these principles.

territories,

law of

for

invoices,

consignment notes

inscriptions placed on
This undertaking shall apply to all
packagings,
and commercial
documents or used in advertising, and to trade marks, registered
names
international
marketing of olive oils, olive-pomace oils and table olives, in
so far as such inscriptions might constitute false statements or

connected with the

and illustrations

2.
The Council of Members shall endeavour to reconcile the
dispute, after seeking the opinion of an advisory panel as
provided for in Article 37(1), and after consultation with the
World Intellectual Property Organisation, with a competent
professional organisation and,
if necessary, with the Interna-
tional Chamber of Commerce and specialised international insti-
tutions for analytical chemistry; if this is unsuccessful, and after
the Council of Members has determined that every means has
been employed to reach agreement, the Members concerned
shall have the right of recourse in the final
instance to the
International Court of Justice.

CHAPTER VI

Standardisation of the markets for olive products

Article 24

Examination of the situation of and developments in the
market for olive oil, olive-pomace oil and table olives

1. Within the framework of the general objectives set forth
in Article 1, and with a view to contributing towards the stan-
dardisation of the market for olive oil, olive-pomace oil and
table olives and correcting any imbalance between international
supply and demand due to irregularity of harvests or to other
factors, Members shall make available and furnish to the Inter-
national Olive Council all
the necessary data, statistics and
documentation on olive oil, olive-pomace oil and table olives.

2.
The Council of Members shall, at its annual session, make
a detailed examination of the balances for olive products and an
overall estimate of the supplies of and demand for olive oil,
olive-pomace oil and table olives, on the basis of the infor-
mation furnished by each Member under Article 36, of any
information communicated to the International Olive Council
by Governments of States not Parties to this Agreement, and of
any other relevant statistical material available to the Interna-
the
tional Olive Council on the subject. The Council of
Members
information
taking into account
available to it, examine the market situation and make an
overall estimate of
supplies of and demand for all olive
products, and may propose to the Members such measures as
it considers desirable.

shall,

the

all

L 302/58

EN

Official Journal of the European Union

19.11.2005

Article 25

Standardisation of the market for olive products

The International Olive Council shall undertake studies
1.
with a view to making recommendations to the Members for
achieving a balance between production and consumption, and,
more generally, for standardising the market for olive products
over the long term through the application of appropriate
measures.

2. With a view to such standardisation,
the International
Olive Council shall also undertake studies to recommend to
Members suitable solutions to the problems which may arise
as regards the evolution of the international market for olive oil,
through appropriate
olive-pomace oil
table olives,
arrangements, account being taken of market
imbalances
resulting from fluctuations in production or from other causes.

and

(a)

the adoption and use of a standard international contract
for transactions in olive oils, olive-pomace oils and table
olives;

(b) the constitution and functioning of an international conci-
liation and arbitration office to deal with any disputes
relating to transactions in olive oils, olive-pomace oils and
table olives;

(c)

the application of standards for the physical, chemical and
organoleptic characteristics of olive oils, olive-pomace oils
and table olives;

(d) the establishment of uniform methods of analysis.

3.
The International Olive Council shall examine ways and
means of ensuring the expansion of international trade and the
increase of the consumption of olive oil and table olives. In
it shall make appropriate recommendations to the
particular,
Members concerning:

4.
The International Olive Council shall take any measures it
considers useful for the suppression of unfair competition at the
international level, including such competition by States which
are not Parties to this Agreement or by persons who are
nationals of such States.

PART FOUR

TECHNICAL PROVISIONS

CHAPTER VII

Article 27

Technical cooperation in the olive sector

Research and development

Article 26

Programmes and activities

In order to achieve the general objectives set forth in
1.
Article 1 concerning technical cooperation with regard to
the International Olive Council,
olives and olive products,
acting through its Council of Members,
conceive,
promote and elaborate programmes of activities relating thereto.

shall

Such technical cooperation shall encompass olive culti-

2.
vation, olive oil extraction and table olive industry.

The International Olive Council may take direct action to

3.
promote such technical cooperation.

The International Olive Council may decide to call upon
4.
the collaboration of public or private bodies and/or entities,
whether national or international, to implement part or all of
the provisions of
It may also give a financial
contribution to the aforementioned bodies and/or concerns
within the budgetary limits.

this chapter.

The

International Olive Council,

acting through its
1.
Council of Members, shall examine any proposals for research
and development projects of general interest to Members and
shall take such measures as are appropriate in this field.

specialised research institutes,

The International Olive Council may call upon the colla-
2.
boration of
laboratories and
centres for the implementation, monitoring, use and dissemi-
the
nation,
research and development programmes.

for the benefit of Members, of

the findings of

The International Olive Council

shall undertake the
3.
necessary studies on the economic returns which can be
expected from the application of the results of the research
and development programmes.

Article 28

Training and specific operations

The

International Olive Council,

acting through its
1.
Council of Members, shall
take the necessary steps for the
organisation of refresher and training courses at various levels
for technical experts in the olive sector, particularly those from
Members that are developing countries.

19.11.2005

EN

Official Journal of the European Union

L 302/59

The International Olive Council
to Members

shall encourage the
2.
transfer of
that are developing
countries from Members highly advanced in olive cultivation,
olive oil extraction and table olive processing techniques.

technologies

(e) promote such bilateral or multilateral cooperation as may
in achieving the

the International Olive Council

assist
objectives of this Agreement.

The

International Olive Council

3.
any
technical cooperation enabling consultants and experts to be
placed at the disposal of the Members requiring such services.

facilitate

shall

4.
The International Olive Council shall facilitate the partici-
pation of the delegations and experts of the Members in its
general or scientific/technical meetings.

5.

In particular, the Council of Members shall:

(a) carry out specific studies and operations;

(b) convene or foster the holding of international seminars and

meetings;

(c) collect

technical

information and circulate it

to all

the

Members;

CHAPTER VIII

Other measures

Article 29

Other measures

The International Olive Council shall:

(a)

foster and coordinate appropriate studies and research on
the biological value of olive oil and table olives, with
particular reference to their nutritional qualities and other
intrinsic properties;

(b) draw up, in association with specialist bodies, olive-related
terminology, standards covering olive products and related
methods of analysis, as well as any other
standards
connected with the olive sector;

(d) promote the coordination of activities relating to technical
cooperation among Members in olive cultivation, olive oil
extraction and table olive industry, including action within
the framework of interregional or regional planning;

(c)

take whatever measures are appropriate to draw up a
compendium of established fair trade practices for interna-
tional trade in olive oil, olive-pomace oil and table olives.

PART FIVE

PROMOTIONAL PROVISIONS

CHAPTER IX

World promotion of the consumption of olive oil and table
olives

olive oils and table olives, care being taken to ensure that no
quality, origin or
either promoted or given
is
prominence in preference to another.

source

Article 30

Programmes to promote the consumption of olive oil and
table olives

The Members undertake

1.
jointly to conduct generic
promotional activities to expand world consumption of olive
oil and table olives, on the basis of the use of the designations
of edible olive oils and table olives defined in Annexes B and C
respectively.

2.
Those activities shall take the form of educational and
information campaigns and shall deal with the organoleptic
and chemical characteristics of olive oils and table olives, as
well as with their nutritional, therapeutic and other properties.

The promotional

3.
consumers about

campaigns

aim to inform
shall
the designations, origins and sources of

The promotional programs to be undertaken under this
4.
Article shall be decided by the Council of Members in the light
of the resources made available to it. Priority shall be given to
action in the mainly consuming countries and in those
countries in which the consumption of olive oil and table
olives is likely to increase.

The resources of the promotion budget shall be used in

5.
the light of the following criteria:

(a)

the volume of
developing existing markets;

consumption and the possibilities of

(b) the creation of new outlets for olive oil and table olives;

(c)

the return obtainable on the promotion expenditure.

L 302/60

EN

Official Journal of the European Union

19.11.2005

The Council of Members shall administer all the resources
6.
allocated for joint promotion purposes.
It shall prepare an
annual estimate of receipts and expenditure relating to this
promotion as an annex to its budget.

may also entrust to specialised bodies chosen in accordance
with the Rules of Procedure.

action,

7.
In the event of a Member, organisation or person
providing a voluntary contribution for the conduct of promo-
tional
the
procedures governing the use of such resources within the
framework of a specific agreement between the International
Olive Council and the contributor.

the Council of Members

adopt

shall

8.
The International Olive Council shall be responsible for
the technical execution of the promotional programs, which it

Article 31

International guarantee label of the International Olive
Council

The Council of Members may make provision for the appli-
cation of
the international quality guarantee label ensuring
compliance with the international standards of the International
Olive Council.

PART SIX

OTHER PROVISIONS

CHAPTER X

Miscellaneous obligations

Article 32

General obligations

The Members undertake not to adopt any measures that conflict
with their obligations under this Agreement or with the general
objectives set forth in Article 1.

Article 33

Financial liability of Members

In accordance with the general principles of law, the financial
liability of each Member to the International Olive Council and
to other Members is limited to the extent of its obligations
under Article 15 concerning the contributions to the budgets
referred to in the same Article, and, as the case may be, under
Article 16 referring to the administrative funds.

Article 34

Environmental and ecological aspects

Members shall give due consideration to environmental and
ecological aspects at all stages of olive and olive oil production
and undertake to implement such action as may be deemed
necessary by the Council of Members to improve or solve
any problems encountered in this sphere.

Article 35

olives and ensure the proper development of the international
trade in these products. To that end, they undertake to conform
to the principles, rules and guidelines they have approved in the
competent international forums.

Article 36

Information

The Members undertake to make available and furnish to the
International Olive Council all the statistics, data and documen-
tation which it needs to discharge its functions under this
Agreement, and in particular any information it requires in
order to establish the balances for olive oils, olive-pomace oils
and table olives and to acquire a knowledge of Members’
national policies for olive products.

CHAPTER XI

Disputes and complaints

Article 37

Disputes and complaints

1.
Any dispute which concerns the interpretation or appli-
cation of this Agreement other than a dispute under Article 23,
and which is not settled by negotiation shall, at the request of
any Member which is a party to the dispute, be referred to the
Council of Members, which shall take a decision in the absence
the Member concerned after seeking an opinion, where
of
appropriate,
the composition and
operational details of which shall be laid down in the Rules
of Procedure.

from an advisory panel,

Encouragement of international trade and consumption

The Members undertake to adopt all the appropriate measures
to facilitate trade, encourage consumption of olive oils and table

2.
A substantiated opinion by the advisory panel shall be
submitted to the Council of Members, which shall in all circum-
stances settle the dispute after considering all the relevant facts.

19.11.2005

EN

Official Journal of the European Union

L 302/61

Any complaint that a Member has failed to fulfil its obli-
3.
gations under this Agreement shall, at
the
Member making the complaint, be referred to the Council of
Members, which shall take a decision in the absence of the
Member in question after consulting the Members concerned
and after seeking an opinion, where appropriate,
from the
advisory panel referred to in paragraph 1 of this Article.

the request of

If

the Council of Members finds that a Member has
4.
committed a breach of this Agreement,
it may either impose
on that Member sanctions, ranging from a simple warning to
the suspension of the Member’s right to participate in decisions
of the Council of Members until it has met its obligations, or, in
accordance with the procedure laid down in Article 45, exclude
the Member from participation in the Agreement. The Member
in question shall have the right of recourse in the final instance
to the International Court of Justice.

CHAPTER XII

Final provisions

Article 38

Depositary

The Government of Spain is hereby designated as the depositary
of this Agreement.

Instruments of ratification, acceptance or approval shall be

3.
deposited with the depositary.

Article 40

Accession

Any State may accede to this Agreement upon conditions
1.
established by the International Olive Council, acting through
its Council of Members, which shall include a number of parti-
cipation shares and a time limit
the
instruments of accession. The Council of Members may,
however, grant extensions of time to governments which are
unable to accede by the time limit set in the conditions of
accession. Upon accession, a State shall be deemed to be
listed in Annex A to this Agreement, together with its partici-
pation shares as laid down in the conditions of accession.

the deposit of

for

This Agreement shall be open for accession by the European
Community.

Accession shall be

2.
instrument of accession with the depositary.
accession shall
the Government accepts all
conditions established by the International Olive Council.

effected by the deposit of

an
Instruments of
the

state that

Article 39

Article 41

Notification of provisional application

Signature, ratification, acceptance and approval

1.
This Agreement shall be open for signature at Madrid with
the Government of Spain from 15 June to 31 December 2005
invited to the United Nations
inclusive by governments
Conference for the Negotiation of a Successor Agreement to
the International Agreement on Olive Oil and Table Olives,
1986, as amended and extended, 1993.

A signatory government which intends to ratify, accept or
1.
approve this Agreement, or a government
for which the
Council of Members has established conditions for accession
but which has not yet been able to deposit its instrument,
may, at any time, notify the depositary that it will apply this
Agreement provisionally when it enters into force in accordance
with Article 42, or, if it is already in force, at a specified date.

Any government referred to in paragraph 1 of this Article

2.
may:

(a) at the time of signing this Agreement, declare that by such
to be bound by this

signature it expresses its consent
Agreement (definitive signature); or

(b) after signing this Agreement, ratify, accept or approve it by
to that effect with the

the deposit of an instrument
depositary.

This Agreement
acceptance or approval by the European Community.

shall be open for

signature,

ratification,

2.
A government which has notified under paragraph 1 of
this Article that it will apply this Agreement when it enters into
force, or, if it is already in force, at a specified date shall, from
its
that
instrument of ratification, acceptance, approval or accession
and thus becomes a Member.

time, be a provisional Member until

it deposits

Article 42

Entry into force

1.
This Agreement shall enter into force definitively on the
day when at least five governments among those mentioned in
Annex A to this Agreement and accounting for at least 90 % of
the participation shares have signed this Agreement definitively
or have ratified, accepted or approved it, or acceded thereto.

L 302/62

EN

Official Journal of the European Union

19.11.2005

If, on 1 January 2006, this Agreement has not entered
2.
into force in accordance with paragraph 1 of this Article, it shall
enter into force provisionally if by that date fivegovernments
satisfying the percentage requirements of paragraph 1 of this
Article have signed this Agreement definitively or have ratified,
accepted or approved it, or have notified the depositary that
they will apply this Agreement provisionally.

this Agreement and decides further that such breach signifi-
cantly impairs the operation of this Agreement,
it may, by
reasoned decision of the other Members taken in the absence
of
the Member concerned, exclude that Member from this
Agreement. The International Olive Council shall immediately
notify the depositary of its decision. The Member in question
shall cease to be a Party to this Agreement 30 days after the
date of the decision of the Council of Members.

If, on 1 January 2006, the requirements for entry into
3.
force under paragraph 1 or paragraph 2 of this Article have
not been met, the depositary shall
invite those governments
which have signed this Agreement definitively or have ratified,
accepted or approved it, or have notified that they will apply
this Agreement provisionally, to decide whether to bring this
Agreement into force definitively or provisionally among them-
selves, in whole or in part, on such date as they may determine.

4.
For any government which has not notified the depository
under Article 41 that it will apply this Agreement provisionally
and which deposits an instrument of ratification, acceptance,
approval or accession after
this
Agreement, this Agreement shall enter into force on the date
of such deposit.

the entry into force of

Article 43

Amendment

The

International Olive Council,

1.
Council of Members, may recommend amendments of
Agreement to the Members.

acting through its
this

Article 46

Settlement of accounts

1.
The Council of Members shall determine any settlement of
accounts which it finds equitable, taking into account all the
commitments entailing legal consequences for the International
Olive Council and which would have repercussions on the
contributions of a Member which has withdrawn from this
Agreement or which has been excluded from the International
Olive Council or has otherwise ceased to be a Party to this
Agreement, as well as the time needed to ensure an adequate
transition,
in particular when such commitments have to be
terminated.

Notwithstanding the provisions of
the subparagraph above,
such Member shall be bound to pay any amounts due from
it to the International Olive Council
in respect of the period
during which it was a Member.

The proposed amendment shall be adopted by the Council
2.
of Members,
in accordance with Article 9 of the Agreement,
and shall enter into force for all Members 90 days after the
depositary has received notification of
the
Council of Members.

the decision of

Upon termination of this Agreement, no Member referred
2.
to in paragraph 1 of this Article shall be entitled to any share of
the proceeds of the liquidation or the other assets of the Inter-
national Olive Council; nor shall it be burdened with any part
of the deficit, if any, of the International Olive Council.

Article 44

Withdrawal

1.
Any Member may withdraw from this Agreement at any
time after the entry into force of this Agreement by giving
written notice of withdrawal to the depositary. The Member
shall simultaneously inform the International Olive Council in
writing of the action it has taken.

2. Withdrawal under this Article shall become effective 90
days after the notice is received by the depositary.

Article 45

Exclusion

Without prejudice to Article 37,
if the Council of Members
decides that any Member is in breach of its obligations under

Article 47

Duration, prolongation, extension and termination

1.
This Agreement shall remain in force until 31 December
2014 unless the International Olive Council, acting through its
Council of Members, decides to prolong it, extend it, renew it or
terminate it in advance in accordance with the provisions of this
Article.

The

International Olive Council,

2.
acting through its
Council of Members, may decide to prolong this Agreement
for not more than two periods of
two years each. Any
Member which does not accept any such prolongation of this
Agreement shall so inform the International Olive Council and
shall cease to be a Party to this Agreement from the beginning
of the period of prolongation.

19.11.2005

EN

Official Journal of the European Union

L 302/63

If, before 31 December 2014, or before the expiry of a
3.
period of prolongation referred to in paragraph 2 of this Article,
as the case may be, a new agreement or a protocol for the
extension of this Agreement has been negotiated but has not
yet entered into force either definitively or provisionally, this
Agreement shall remain in force beyond its expiry date until the
new agreement or protocol enters into force, provided that the
period of such prolongation does not exceed 12 months.

The

International Olive Council,

4.
acting through its
Council of Members, may at any time decide to terminate
this Agreement with effect from such date as it may determine.

expiry or

termination of

Notwithstanding the

this
5.
Agreement, the International Olive Council shall continue in
being for as long as may be necessary for the purpose of
carrying out the liquidation of the International Olive Council,
including the settlement of accounts, and shall have during that
period such powers and functions as may be necessary for these
purposes.

The International Olive Council shall notify the depositary

6.
of any decision taken under this Article.

Article 48

Reservations

No reservations may be made with respect
provisions of this Agreement.

to any of

the

IN WITNESS WHEREOF the undersigned, being duly authorised
thereto, have affixed their signature under this Agreement on
the dates indicated.

DONE at Geneva on 29 April 2005, the texts of this Agreement
in the Arabic, English, French, Italian and Spanish languages
being equally authentic.

L 302/64

EN

Official Journal of the European Union

19.11.2005

Participation shares in the budgets of the Organisation established in accordance with Article 8 (1)

ANNEX A

Algeria

European Community

Croatia

Egypt

Iran (Islamic Republic of)

Israel

Libyan Arab Jamahiriya

Jordan

Lebanon

Morocco

Syrian Arab Republic

Serbia and Montenegro

Tunisia

11

801

5

8

5

5

5

7

5

25

45

5

73

Total 1 000

(1) Calculations are based on the average production for the period 1997/1998 to 2002/2003 and on the average exports for the period

1998 to 2003.

19.11.2005

EN

Official Journal of the European Union

L 302/65

ANNEX B

Designations and definitions of olive oils and olive-pomace oils

The designations of the different categories of olive oils and olive-pomace oils are given below with the definition
corresponding to each designation:

I. Olive oil is the oil obtained solely from the fruit of the olive tree, to the exclusion of oils obtained using solvents or

re-esterification processes and of any mixture with oils of other kinds. It is designated as follows:

A. virgin olive oils: oils which are obtained from the fruit of the olive tree solely by mechanical or other physical means
under conditions, particularly thermal conditions, that do not lead to deterioration of the oil, and which have not
undergone any treatment other than washing, decantation, centrifugation and filtration. Virgin olive oils shall be
classified and designated as follows:

(a) virgin olive oils fit for consumption as they are:

(i)

extra virgin olive oil: virgin olive oil which has a free acidity, expressed as oleic acid, of not more than
0,8 grams per 100 grams and the other characteristics of which correspond to those laid down for this
category;

(ii)

virgin olive oil: virgin olive oil which has a free acidity, expressed as oleic acid, of not more than 2,0 grams
per 100 grams and the other characteristics of which correspond to those laid down for this category;

(iii) ordinary virgin olive oil: virgin olive oil which has a free acidity, expressed as oleic acid, of not more than
3,3 grams per 100 grams and the other characteristics of which correspond to those laid down for this
category (1);

(b) virgin olive oil not fit for consumption as it is:

lampante virgin olive oil: virgin olive oil which has a free acidity, expressed as oleic acid, of more than 3,3 grams
per 100 grams and/or the organoleptic characteristics and other characteristics of which correspond to those
laid down for this category. It is intended for refining for use for human consumption, or it is intended for
technical use;

B.

refined olive oil: olive oil obtained by refining virgin olive oils. It has a free acidity, expressed as oleic acid, of not
more than 0,3 grams per 100 grams, and its other characteristics correspond to those laid down for this
category (2);

C. olive oil: oil consisting of a blend of refined olive oil and virgin olive oils fit for consumption as they are. It has a
free acidity, expressed as oleic acid, of not more than 1 gram per 100 grams, and its other characteristics
correspond to those laid down for this category (3).

II. Olive-pomace oil is the oil obtained by treating olive pomace with solvents or other physical treatments, to the
exclusion of oils obtained by re-esterification processes and of any mixture with oils of other kinds. It is classified as
follows:

A. crude olive-pomace oil: olive-pomace oil whose characteristics are those laid down for this category. It is intended for

refining for use for human consumption, or it is intended for technical use;

(1) This product may only be sold direct to the consumer if permitted in the country of retail sale. If not permitted, the designation of this

product shall comply with the legal provisions of the country concerned.

(2) This product may only be sold direct to the consumer if permitted in the country of retail sale.
(3) The country of retail sale may require a more specific designation.

L 302/66

EN

Official Journal of the European Union

19.11.2005

B.

refined olive-pomace oil:: oil obtained by refining crude olive-pomace oil. It has a free acidity, expressed as oleic acid,
of not more than 0,3 grams per 100 grams and its other characteristics correspond to those laid down for this
category (1);

C. olive-pomace oil: oil consisting of a blend of refined olive-pomace oil and virgin olive oils fit for consumption as
they are. It has a free acidity, expressed as oleic acid, of not more than 1 gram per 100 grams and its other
characteristics correspond to those laid down for this category. In no case shall this blend be called ‘olive oil’ (2).

(1) This product may only be sold direct to the consumer if permitted in the country of retail sale.
(2) The country of retail sale may require a more specific designation.

19.11.2005

EN

Official Journal of the European Union

L 302/67

ANNEX C

Types and definitions of table olives

Table olives shall be classified in one of the following types:

(i) green olives: fruits harvested during the ripening period, prior to colouring and when they have reached normal size.

They may vary in colour from green to straw yellow;

(ii) olives turning colour: fruits harvested before the stage of complete ripeness is attained, at colour change. They may vary

in colour from rose to wine rose or brown;

(iii) black olives: fruits harvested when fully ripe or slightly before full ripeness is reached. They may vary in colour from

reddish black to violet black, deep violet, greenish black or deep chestnut.