Commission Regulation (EC) No 1019/2002 of 13 June 2002 on marketing standards for olive oil

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to 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⁾, as last amended by Regulation (EC) No 1513/2001⁽²⁾, and in particular Article 35a thereof,

Whereas:

1. Olive oil has certain properties, in particular organoleptic and nutritional properties, which, taking into account its production costs, allow it access to a relatively high-price market compared with most other vegetable fats. In view of this market situation, new marketing standards should be laid down for olive oil containing, in particular, specific labelling rules supplementing those laid down in Directive 2000/13/EC of the European Parliament and of the Council of 20 March 2000 on the approximation of the laws of the Member States relating to the labelling, presentation and advertising of foodstuffs⁽³⁾, as amended by Commission Directive 2001/101/EC⁽⁴⁾, and in particular the rules laid down in Article 2 thereof.

2. To guarantee the authenticity of the olive oils sold, packaging for the retail trade should be small and have an adequate closing system. However, the Member States should be allowed to authorise larger packaging for collective establishments.

3. Besides the compulsory descriptions for the various categories of olive oil provided for in Article 35 of Regulation No 136/66/EEC, consumers should be informed about the types of olive oil offered.

4. As a result of agricultural traditions and local extraction and blending practices directly marketable virgin olive oils may be of quite different taste and quality depending on their geographical origin. This may result in price differences within the same category that disturb the market. There are no substantial differences linked to origin in other categories of edible olive oil, and so indicating the designation of origin on the immediate packaging of such oil may lead consumers to believe that quality differences do exist. In order not to distort the market in edible olive oils, Community standards should therefore be established for designations of origin, which should be restricted to extra virgin and virgin olive oils which satisfy precise conditions. The aim is a system involving the compulsory designation of origin for those categories of olive oil. However, since no arrangements exist for tracing and checking all quantities of olive oil in circulation, it is not possible to introduce such a system at present, and optional arrangements will therefore have to be introduced for extra virgin and virgin olive oils.

5. Existing trade marks including geographical references may continue to be used provided they have been officially registered in the past in accordance with the first Council Directive 89/104/EEC of 21 December 1988 to approximate the laws of the Member States relating to trade marks⁽⁵⁾, as amended by Decision 92/10/EEC⁽⁶⁾, or Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark⁽⁷⁾, as amended by Regulation (EC) No 3288/94⁽⁸⁾.

6. A regional designation of origin may be covered by a protected designation of origin (PDO) or a protected geographical indication (PGI) under Council Regulation (EEC) No 2081/92 of 14 July 1992 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs⁽⁹⁾, as last amended by Commission Regulation (EC) No 2796/2000⁽¹⁰⁾. Designations indicating a regional origin should be reserved for PDOs or PGIs so as to avoid confusion among consumers potentially leading to market disturbances. In the case of imported olive oils, the rules on non-preferential origin provided for in Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code⁽¹¹⁾, as last amended by Regulation (EC) No 2700/2000 of the European Parliament and of the Council⁽¹²⁾, must be complied with.

7. If the designation of origin of virgin olive oil refers to the Community or a Member State, it should be borne in mind that not only the olives used but also the extraction techniques and practices influence the quality and taste of the oil. The designation of origin must thus refer to the geographical area in which the olive oil was obtained, which is generally the area in which the oil was extracted from the olives. However, in certain cases the oil is extracted at a place that is not the same as that where the olives were harvested and this information should be stated on the packaging or labels attached to the packaging to ensure that consumers are not misled and the market in olive oil is not disturbed.

8. In the Community and the Member States a major proportion of the virgin olive oil marketed is composed of blends of olive oils, thereby guaranteeing constant quality and the typical organoleptic characteristics expected by the market. The typical characteristics of the virgin olive oil in the areas concerned are guaranteed despite, or sometimes because of, the addition of a small proportion of olive oil originating in another area. In order to permit regular market supplies in accordance with traditional trade flows and taking account of the fluctuations in production volumes specific to olive-growing, therefore, the designation of origin mentioning the Community or a Member State should be maintained when the product is a blend containing a small proportion of olive oil from other areas. However, consumers must be informed in such cases that the product does not originate in its entirety in the zone covered by the designation of origin.

9. Under Directive 2000/13/EC, indications shown on the labelling may not mislead the purchaser, particularly as to the characteristics of the olive oil concerned, or by attributing to it properties which it does not possess, or by suggesting that it possesses special characteristics when in fact most oils possess such characteristics. Certain commonly used, optional indications that are specific to olive oil also require harmonised rules to precisely define such claims and ensure that their accuracy can be verified. Accordingly, the concepts of ‘cold pressing’ and ‘cold extraction’ should correspond to a technically defined traditional production method. Organoleptic properties must be based on objective findings. Reference to acidity in isolation wrongly suggests a scale of absolute quality which is misleading for consumers since this factor represents a qualitative value only in relation to the other characteristics of the olive oil concerned. Consequently, in view of the proliferation of certain indications and of their economic significance objective criteria for their uses should be established in order to introduce clarity into the olive oil market.

10. Steps should be taken to ensure that foodstuffs containing olive oil do not take advantage of consumers by highlighting the reputation of olive oil without clearly specifying the real composition of the product. The percentage of olive oil and certain indications specific to products consisting exclusively of a blend of vegetable oils must therefore be clearly shown on the labelling. In addition, account must be taken of the special provisions laid down in certain regulations specific to olive oil products.

11. The names of the categories of olive oil correspond to physico-chemical and organoleptic characteristics which are set out in the Annex to Regulation No 136/66/EEC and in Commission Regulation (EEC) No 2568/91 of 11 July 1991 on the characteristics of olive oil and olive-residue oil and on the relevant methods of analysis⁽¹³⁾, as last amended by Regulation (EC) No 796/2002⁽¹⁴⁾. All other indications appearing on the labelling must be corroborated by objective elements in order to ensure that consumers are not misled and that competition on the markets in the oils concerned is not distorted.

12. Within the framework of the system of checks laid down in Article 35a(2) of Regulation No 136/66/EEC, the Member States must specify the evidence to be provided and the financial penalties incurred in the case of the different terms that can be used on labelling. Without ruling out any possibilities a priori, such evidence could include established facts, results of analyses or reliable recordings, and administrative or accounting information.

13. Since checks on undertakings responsible for labelling must be made in the Member State in which they are established, there must be a procedure for administrative cooperation between the Commission and the Member States where the oil is marketed.

14. In order to evaluate the arrangements provided for in this Regulation, the Member States concerned must report on the circumstances and difficulties encountered.

15. To allow a period for adjustment to the new standards and the creation of the means needed to apply them, the period of application of Commission Regulation (EC) No 2815/98 of 22 December 1998 concerning marketing standards for olive oil⁽¹⁵⁾, as last amended by Regulation (EC) No 2152/2001⁽¹⁶⁾, should be extended and the application of this Regulation should be deferred.

16. The Management Committee for Oils and Fats has not delivered an opinion within the time limit set by its chairman,

HAS ADOPTED THIS REGULATION: