Commission Implementing Regulation (EU) No 29/2012
of 13 January 2012
on marketing standards for olive oil
(codification)
THE EUROPEAN COMMISSION,
Having regard to the Treaty establishing the European Union,
Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007
establishing a common organisation of agricultural markets and on specific
provisions for certain agricultural products (Single CMO Regulation) [1], and in
particular Article 113, paragraph 1, point (a), and Article 121, first
paragraph, point (a), in conjunction with Article 4,
Whereas:
(1) Commission Regulation (EC) No 1019/2002 of 13 June 2002 on marketing
standards for olive oil [2] has been substantially amended several times [3]. In
the interests of clarity and rationality the said Regulation should be
codified.
(2) 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, 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 [4], and
in particular the rules laid down in Article 2 thereof.
(3) 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.
(4) Besides the compulsory descriptions for the various categories of
olive oil provided for in Article 118 of Regulation (EC) No 1234/2007, consumers
should be informed about the types of olive oil offered.
(5) 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, an obligatory
Union regime should therefore be established for designations of origin, which
should be restricted to extra virgin and virgin olive oils which satisfy precise
conditions. Optional arrangements implemented until 2009 proved not to be
sufficient to avoid misleading consumers as to the real characteristics of
virgin oils in this regard. In addition, Regulation (EC) No 178/2002 of the
European Parliament and of the Council of 28 January 2002 laying down the
general principles and requirements of food law, establishing the European Food
Safety Authority and laying down procedures in matters of food safety [5]
established traceability rules, applicable since 1 January 2005. The experience
gained by operators and administrations in this matter allowed making the
labelling of the origin compulsory for extra virgin and virgin olive oil.
(6) 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 [6], or
Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade
mark [7].
(7) A regional designation of origin may be covered by a protected
designation of origin (PDO) or a protected geographical indication (PGI) under
Council Regulation (EC) No 510/2006 of 20 March 2006 on the protection of
geographical indications and designations of origin for agricultural products
and foodstuffs [8]. 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 [9] must be complied
with.
(8) If the designation of origin of virgin olive oil refers to the Union
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.
(9) In the Union, a significant share of extra virgin and virgin olive
oils is composed of blends of oils originating from various Member States and
third countries. Simple provisions should be laid down for the labelling of the
origin of such blends.
(10) 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. Certain terms describing the organoleptic
characteristics referring to taste and/or smell of extra virgin and virgin olive
oils have been defined by the International Olive Council (IOC) in its revised
method for the organoleptic assessment of virgin olive oils. The use of such
terms on the labelling of extra virgin and virgin olive oils should be reserved
to oils that have been assessed following the corresponding method of analysis.
Transitional arrangements are needed for certain operators presently using the
reserved terms. 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.
(11) Steps should be taken to ensure that foodstuffs containing olive oil
do not take advantage of consumers by highlighting the reputation of olive oil
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