COMMISSION REGULATION (EEC) N° 2568/91
of 11 July 1991
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 Economic Community,
Having regard to Council Regulation N° 136/66/EEC of
22 September 1966 on the establishment of a common organization of the market in oils and fats (1), as last amended by Regulation (EEC) N° 3577/90 (2), and in particular Article 35a thereof,
Whereas the Annex to Regulation N° 136/66/EEC contains the descriptions and definitions of olive oil and olive-residue oil marketed within each Member State, in intra-Community trade and in trade with third countries;
Whereas, for the purpose of differentiating between the various types of oil, the physical and chemical characteristics of each of them and the organoleptic characteristics of virgin oil should be defined, in order to guarantee the purity and quality of the products concerned, without prejudice to other existing provisions;
Whereas the presence of the characteristics of the different types of oil should be determined uniformly throughout the Community; whereas, to that end, Community methods of chemical analysis and organoleptic evaluation should be established; whereas the use should be permitted, for a transitional period, of other methods of analysis applied in the Member States provided that where there is a difference in the results, those obtained using the common method will be decisive;
Whereas the definition of the physical and chemical characteristics of olive oil and of the methods of analysis entails the amendment of the additional notes to Chapter 15 of the combined nomenclature;
Whereas the method of evaluating the organoleptic characteristics of virgin oil includes the setting up of panels
of selected and trained tasters; whereas the period necessary for establishing such a structure should therefore be fixed; whereas in view of the difficulties that some Member States will encounter in setting up panels of tasters, the use of panels in other Member States should be authorized;
Whereas, in order to ensure that the system of levies applicable to imports of olive residues functions correctly, a single method for the determination of the oil content of these products should be laid down;
Whereas, in order not to harm trade, provision should be made for oil packaged prior to the entry into force of this Regulation to be disposed of during a limited period;
Whereas it is necessary to repeal Commission Regulation (EEC) N° 1058/77 (3), as last amended by Regulation (EEC) N° 1858/88 (4);
Whereas the Management Committee for Oils and Fats has not delivered an opinion within the time limit set by its chairman,
HAS ADOPTED THIS REGULATION:
Article 1
1. Oils, the characteristics of which comply with those set out in points 1, 2 and 3 of Annex I to this Regulation, shall be deemed to be virgin olive oil within the meaning of point 1 (a), (b) and (c) of the Annex to Regulation No 136/66/EEC.
2. Oil, the characteristics of which comply with those set out in point 4 of Annex I to this Regulation, shall be deemed to be lampante virgin olive oil within the meaning of point 1 (d) of the Annex to Regulation N° 136/66/EEC.
3. Oil, the characteristics of which comply with those set out in point 5 of Annex I to this Regulation, shall be deemed to be refined olive oil within the meaning of point 2 of the Annex to Regulation N° 136/66/EEC.
4. Oil, the characteristics of which comply with those set out in point 6 of Annex I to this Regulation, shall be deemed to be pure olive oil within the meaning of point 3 of the Annex to Regulation N° 136/66/EEC.
5. Oil, the characteristics of which comply with those set out in point 7 of Annex I to this Regulation, shall be deemed to be olive-residue oil within the meaning of point 4 of the Annex to Regulation N° 136/66/EEC.
6. Oil, the characteristics of which comply with those set out in point 8 of Annex I to this Regulation, shall be deemed to be refined olive-residue oil within the meaning of point 5 of the Annex to Regulation N° 136/66/EEC.
7. Oil, the characteristics of which comply with those set out in point 9 of Annex I to this Regulation, shall be deemed to be olive-residue oil within the meaning of point 6 of the Annex to Regulation N° 136/66/EEC.
Article 2
1. The characteristics of the oils laid down in Annex I shall be determined in accordance with the methods of analysis set out below:
- for the determination of the free fatty acids, expressed as the percentage of oleic acid, the method set out in Annex II,
- for the determination of the peroxide index, the method set out in Annex III,
- for the determination of aliphatic alcohols, the method set out in Annex IV,
- for the determination of the sterol content, the method set out in Annex V,
- for the determination of erythrodiol and uvaol, the method set out in Annex VI,
- for the determination of the saturated fatty acids in position 2 of the triglyceride, the method set out in Annex VII,
- for the determination of the trilinolein content, the method set out in Annex VIII,
- for spectrophotometric analysis, the method set out in Annex IX,
- for the determination of the fatty acid composition, the method set out in Annex X A and X B,
- for the determination of the volatile halogenated solvents, the method set out in Annex XI,
- for the evaluation of the organoleptic characteristics of virgin olive oil, the method set out in Annex XII,
- for proof that refining has taken place, the method set out in Annex XIII.
2. Evaluation of the organoleptic characteristics shall be carried out by an analyst and, as appropriate, with the assistance of a specialist, according to the procedure described in the tasting notes referred to in Annex XII. Where analysis shows different characteristics to those resulting from the description of the product, the sample must be examined by a panel of tasters in accordance with the provisions of Annex XII.
Any second analysis shall be carried out by the panel according to the said provisions.
In order to ascertain the organoleptic characteristics in connection with operations relating to the intervention system, the panel of tasters will carry out this evaluation in accordance with the provisions of Annex XII.
Article 3
Until 31 October 1992, the introduction of the analysis methods provided for in Article 2 shall not impede the use by the Member States of other tested and scientifically valid methods, provided that products recognized as complying with the rules in force governing Community methods shall be allowed to move freely. Before using other methods, the Member States concerned shall notify them to the Commission.
Where one of the other methods produces a result different from that produced by the common method, the result obtained by the latter method shall be determinant.
Article 4
1. For the purpose of assessing organoleptic characteristics, the Member States shall set up panels of trained and selected tasters in accordance with the rules laid down by the method set out in Annex XII.
2. Where a Member State encounters difficulties in setting up a panel in its territory, it may use the services of a panel operating in another Member State.
Article 5
The additional notes 2, 3 and 4 to Chapter 15 of the combined nomenclature are replaced by those contained in Annex XIV.
Article 6
1. The oil content of oil cake and other residues resulting from the extraction of olive oil (CN codes 2306 90 11 and 2306 90 19) shall be determined using the method set out in Annex XV.
2. The oil content referred to in paragraph 1 shall be expressed as a percentage of the weight of oil to the weight of dry matter.
Article 7
The Community provisions concerning the presence of undesirable substances, other than those referred to in Annex XI, shall apply.
Article 8
1. Member States shall notify the Commission of the measures taken to implement this Regulation.
2. Member States shall send the Commission, at the beginning of each half-year, a statement of the analytical data relating to the tests carried out during the previous half-year.
The results shall be considered by the Management Committee for Oils and Fats in accordance with the procedure laid down in Article 39 of Regulation N° 136/66/EEC.
Article 9
Regulation (EEC) No 1058/77 is hereby repealed.
Article 10
1. This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Communities.
However, the method set out in Annex XII shall apply from
1 January 1992, except in so far as operations relating to the intervention system are concerned.
2. This Regulation shall not apply to olive oil and oliveresidue oil packaged before the entry into force of this Regulation and marketed up to 31 October 1992.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 11 July 1991.