CELEX: 32004R0865
Language: en
Date: 2004-04-29 00:00:00
Title: 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

30.4.2004         EN       Official Journal of the European Union                        L 161/ 97
_______________________________________________________________________________
                          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
      Opinion delivered on 10 March 2004 (not yet published in the Official Journal).
2
      Opinion delivered on 25 February 2004 (not yet published in the Official Journal).
 ---pagebreak--- 30.4.2004         EN         Official Journal of the European Union                           L 161/ 98
_______________________________________________________________________________
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).
 ---pagebreak--- 30.4.2004          EN         Official Journal of the European Union                         L 161/ 99
_______________________________________________________________________________
(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
      OJ 172, 30.9.1966, p. 3025/66. Regulation as last amended by Regulation (EC)
      No 1513/2001 (OJ L 201, 26.7.2001, p. 4).
2
      Regulation (EEC) No 154/75 of the Council of 21 January 1975 on the establishment of a
      register of olive cultivation in the 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).
3
      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).
4
      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).
5
      Council Regulation (EEC) No 2261/84 of 17 July 1984 laying down general rules on the
      granting of aid for the production of olive oil and of aid to 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).
6
      Council Regulation (EEC) No 2262/84 of 17 July 1984 laying down special measures in
      respect of olive oil (OJ L 208, 3.8.1984, p. 11). Regulation as last amended by
      Regulation (EC) No 2292/2001 (OJ L 308, 27.11.2001, p. 1).
7
      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).
 ---pagebreak--- 30.4.2004          EN        Official Journal of the European Union                           L 161/ 100
_______________________________________________________________________________
      (EEC) No 1332/92 1, (EEC) No 2159/92 2, (EEC) No 3815/92 3, (EC) No 1414/97 4,
      (EC) No 1638/98 5 and (EC) No 1873/2002 6.
1
      Council Regulation (EEC) No 1332/92 of 18 May 1992 introducing specific measures for
      table olives (OJ L 145, 27.5.1992, p. 1). Regulation as amended by Regulation (EC)
      No 2826/2000 (OJ L 328, 23.12.2000, p. 2).
2
      Council Regulation (EEC) No 2159/92 of 23 July 1992 on the financing of expenditure for the
      establishment and updating of the register of olive cultivation (OJ L 217, 31.7.1992, p. 8).
3
      Council Regulation (EEC) No 3815/92 of 28 December 1992 on application of the common
      intervention price for olive oil in Spain (OJ L 387, 31.12.1992, p. 9).
4
      Council Regulation (EC) No 1414/97 of 22 July 1997 fixing, for the 1997/98 marketing year,
      the prices, aids and percentages of aid to be retained in the olive oil sector, together with the
      maximum guarantee quantity (OJ L 196, 24.7.1997, p. 4).
5
      Council Regulation (EC) No 1638/98 of 20 July 1998 amending Regulation No 136/66/EEC
      on the establishment of a common organisation of the market in oils and fats (OJ L 210,
      28.7.1998, p. 32). Regulation as amended by Regulation by EC) No 1513/2001 (OJ L 201,
      26.7.2001, p. 4).
6
      Council Regulation (EC) No 1873/2002 of 14 October 2002 setting the limits to the
      Community financing of work programmes 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).
 ---pagebreak--- 30.4.2004          EN         Official Journal of the European Union                          L 161/ 101
_______________________________________________________________________________
(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.
 ---pagebreak--- 30.4.2004         EN         Official Journal of the European Union                         L 161/ 102
_______________________________________________________________________________
(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.
 ---pagebreak--- 30.4.2004         EN         Official Journal of the European Union                        L 161/ 103
_______________________________________________________________________________
(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.
 ---pagebreak--- 30.4.2004         EN         Official Journal of the European Union                      L 161/ 104
_______________________________________________________________________________
(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
      OJ L 184, 17.7.1999, p. 23.
2
      OJ L 160, 26.6.1999, p. 103.
3
      OJ L 151, 30.6.1968, p. 16. Regulation as last amended by Commission Regulation (EC)
      No 1272/2002 (OJ L 184, 13.7.2002, p. 7).
 ---pagebreak--- 30.4.2004       EN       Official Journal of the European Union                          L 161/ 105
_______________________________________________________________________________
                                          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           Olive oil and its fractions, whether or not refined, but not chemically
                    modified
     1510 00        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     Residues resulting from the treatment of fatty substances or animal
     1522 00 39     waxes containing oil having the characteristics of olive oil
     2306 90 11     Oil-cake and other residues resulting from the extractions of olive oil
     2306 90 19
 ---pagebreak--- 30.4.2004        EN         Official Journal of the European Union                         L 161/ 106
_______________________________________________________________________________
                                               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.
 ---pagebreak--- 30.4.2004         EN        Official Journal of the European Union                          L 161/ 107
_______________________________________________________________________________
                                            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.
 ---pagebreak--- 30.4.2004          EN         Official Journal of the European Union                        L 161/ 108
_______________________________________________________________________________
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.
 ---pagebreak--- 30.4.2004          EN          Official Journal of the European Union                         L 161/ 109
_______________________________________________________________________________
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.
 ---pagebreak--- 30.4.2004         EN         Official Journal of the European Union                          L 161/ 110
_______________________________________________________________________________
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;
 ---pagebreak--- 30.4.2004          EN         Official Journal of the European Union                          L 161/ 111
_______________________________________________________________________________
(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.
 ---pagebreak--- 30.4.2004         EN          Official Journal of the European Union                         L 161/ 112
_______________________________________________________________________________
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.
 ---pagebreak--- 30.4.2004         EN         Official Journal of the European Union                         L 161/ 113
_______________________________________________________________________________
                                              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.
 ---pagebreak--- 30.4.2004          EN         Official Journal of the European Union                        L 161/ 114
_______________________________________________________________________________
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.
 ---pagebreak--- 30.4.2004          EN         Official Journal of the European Union                          L 161/ 115
_______________________________________________________________________________
                                                  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).
 ---pagebreak--- 30.4.2004          EN         Official Journal of the European Union                           L 161/ 116
_______________________________________________________________________________
                                                 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.
 ---pagebreak--- 30.4.2004          EN        Official Journal of the European Union                          L 161/ 117
_______________________________________________________________________________
                                              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).
 ---pagebreak--- 30.4.2004         EN          Official Journal of the European Union                      L 161/ 118
_______________________________________________________________________________
                                                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.
 ---pagebreak--- 30.4.2004         EN          Official Journal of the European Union                     L 161/ 119
_______________________________________________________________________________
                                              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".
 ---pagebreak--- 30.4.2004         EN        Official Journal of the European Union                       L 161/ 120
_______________________________________________________________________________
                                              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.
 ---pagebreak--- 30.4.2004         EN        Official Journal of the European Union                          L 161/ 121
_______________________________________________________________________________
                                               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
                                       ___________________
 ---pagebreak--- 30.4.2004          EN        Official Journal of the European Union                          L 161/ 122
_______________________________________________________________________________
                                                                                             ANNEX I
      DESCRIPTIONS AND DEFINITIONS OF OLIVE OIL AND OLIVE-POMACE OILS
                                   REFERRED TO IN ARTICLE 4
1.    VIRGIN OLIVE OILS
      Oils obtained from the fruit of the olive tree solely by mechanical or other physical means
      under conditions that do not lead to alterations in the oil, which have not undergone any
      treatment other than washing, decantation, 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.
 ---pagebreak--- 30.4.2004          EN         Official Journal of the European Union                          L 161/ 123
_______________________________________________________________________________
      (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.
 ---pagebreak--- 30.4.2004          EN        Official Journal of the European Union                          L 161/ 124
_______________________________________________________________________________
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.
 ---pagebreak--- 30.4.2004        EN        Official Journal of the European Union                                     L 161/ 125
_______________________________________________________________________________
                                                                                                      ANNEX II
The Annex to Regulation (EEC) No 827/68 is hereby amended as follows:
1)      After the description of the goods under CN code 1108 20 00 ("– Inulin"), the following
        shall be inserted:
         "1202 10 90        Ground-nuts, not roasted or otherwise cooked, in shell, other than for sowing
         1202 20 00         Ground-nuts, not roasted or otherwise cooked, shelled, whether or not broken
         1203 00 00         Copra
         1206 00 91         Sunflower seeds, whether or not broken, other than for sowing
         ex 1206 00 99
         1207 10 90         Palm nuts and kernels, whether or not broken, other than for sowing
         1207 20 90         Cotton seeds, whether or not broken, other than for sowing
         1207 30 90         Castor oil seeds, whether or not broken, other than for sowing
         1207 40 90         Sesamum seeds, whether or not broken, other than for sowing
         1207 50 90         Mustard seeds, whether or not broken, other than for sowing
         1207 60 90         Safflower seeds, whether or not broken, other than for sowing
         1207 91 90         Poppy seeds, whether or not broken, other than for sowing
         ex 1207 92 98      Shea nuts (Karite nuts), whether or not broken, other than for sowing
         1207 99 91         Hemp seeds, whether or not broken, other than for sowing
         ex 1207 99 98      Other oilseeds and oleaginous fruits, whether or not broken, other than for sowing
         1208               Flours and meals of oil seeds or oleaginous fruits, other than those of mustard"
                                                                                                               ;
 ---pagebreak--- 30.4.2004        EN        Official Journal of the European Union                                          L 161/ 126
_______________________________________________________________________________
2)      After the description of the goods under CN code 1503 00 ("Lard stearin, lard oil,
        oleostearin, oleo-oil and tallow oil, not emulsified or mixed or otherwise prepared"), the
        following shall be inserted:
         "15 04             Fats and oils and their fractions, of fish or marine mammals, whether or not refined,
                            but not chemically modified
         15 07              Soya-bean oil and its fractions, whether or not refined, but not chemically modified
         15 08              Ground-nut oil and its fractions, whether or not refined, but not chemically modified
         15 11              Palm oil and its fractions, whether or not refined, but not chemically modified
         15 12              Sunflower seed, safflower or cotton-seed oil and their fractions, whether or not
                            refined, but not chemically modified
         15 13              Coconut (copra), palm kernel or babassu oil and fractions thereof, whether or not
                            refined, but not chemically modified
         15 14              Rape, colza or mustard oil and fractions thereof, whether or not refined, but not
                            chemically modified
         ex 1515            Other fixed vegetable fats and oils (excluding jojoba oil: 1515 90 15) and their
                            fractions, whether or not refined, but not chemically modified
         ex 1516            Animal or vegetable fats and oils and their fractions, partly or wholly hydrogenated,
                            inter-esterified, reesterified or elaidinised, whether or not refined, but not further
                            prepared, (excluding hydrogenated castor oil, so called 'opalwax': 1516 20 10)
         ex 1517            Margarine, edible mixtures or preparations of animal or vegetable fats or oils or of
                            fractions of different fats or oils of this 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
         1518 00 31         Fixed vegetable oils, fluid, mixed for technical or industrial uses other than the
                            manufacture of foodstuffs for human consumption
         1518 00 39
         1522 00 91         Oil foots and dregs; soapstocks, resulting from the treatment of fatty substances or
                            animal or vegetable waxes, excluding those containing oil having the characteristics
                            of olive oil
         1522 00 99         Other residues resulting from the treatment of fatty substances or animal or vegetable
                            waxes, excluding those containing oil having the characteristics of olive oil"
                                                                                                                         ;
 ---pagebreak--- 30.4.2004        EN        Official Journal of the European Union                                     L 161/ 127
_______________________________________________________________________________
3)      After the description of the goods under CN code 2302 50 00 ("– of leguminous plants"),
        the following shall be inserted:
         "2304 00 00        Oil-cake and other solid residues, whether or not ground or in the form of pellets,
                            resulting from the extraction of soya-bean oil
         2305 00 00         Oil-cake and other solid residues, whether or not ground or in the form of pellets,
                            resulting from the extraction of ground-nut oil".