Commission Regulation (EC) No 455/2001
of 6 March 2001
amending Regulation (EEC) No 2568/91 on the characteristics of olive oil and olive-residue oil and on the relevant methods of analysis
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 establishement of a common organisation of the market in oils and fats(1), as last amended by Regulation (EC) No 2826/2000(2), and in particular Article 35a thereof,
Whereas:
(1) Commission Regulation (EEC) No 2568/91(3), as last amended by Regulation (EC) No 379/1999(4), provides for analyses, interpretation of the results of which is influenced by the samples.
(2) The sampling and preparation of test samples are harmonised, by using international standards EN ISO 661 and EN ISO 5555. However, in the case of oils put up in small packages, application of these standards involves disproportionate cost and effort. For small packages of this type, a different sampling method exists which improves the probability of detecting fraud while keeping down the number of analyses required. It is therefore preferable to use this method.
(3) Analyses of the quality of oil put up in small packages must be performed before the date of minimum durability of products which have been kept in certain storage conditions.
(4) The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Oils and Fats,
HAS ADOPTED THIS REGULATION:
Article 1
Regulation (EEC) No 2568/91 is amended as follows:
1. Article 2(3) is replaced by the following:
"3. When the national authorities or their representatives verify the characteristics of the oil as provided for in paragraph 1, samples shall be taken in accordance with international standards EN ISO 661 on the preparation of test samples and EN ISO 5555 on sampling. However, notwithstanding point 6.8 of standard EN ISO 5555, in the case of batches of such oils in immediate packaging not exceeding 100 litres, the sample shall be taken in accordance with Annex Ia to this Regulation.
Without prejudice to standard EN ISO 5555 and Chapter 6 of standard EN ISO 661, the samples taken shall immediately be put in a dark place and sent to the laboratory for analysis no later than five working days after they have been taken.
4. For the purposes of the verification provided for in paragraph 3, the analyses referred to in Annexes II, III, IX and XII and, where applicable, any counter-analyses required under national law, shall be carried out before the minimum durability date. Where sampling is done more than four months before the minimum durability date, the analyses shall be carried out no later than the fourth month after the month in which the sample was taken. No time limit shall apply to the other analyses provided for in that Regulation.
Unless the sample was taken less than one month before the minimum durability date, if the results of the analyses do not match the characteristics of the category of olive oil or olive-residue oil declared, the party concerned shall be notified no later than one month before the end of the period laid down in the first subparagraph."
2. The following title is inserted in the summary of the Annexes to Regulation (EEC) No 2568/91:
"ANNEX Ia
Sampling of batches of olive oil or olive-residue oil in immediate packaging not exceeding 100 litres."
3. Annex Ia is inserted after Annex I.
Article 2
This Regulation shall enter into force on the seventh day following its publication in the Official Journal of the European Communities.
It shall apply from 1 July 2001.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 6 March 2001.