2002R1019 — EN — 08.11.2002 — 001.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B COMMISSIONREGULATION(EC)No1019/2002
of13June2002
onmarketingstandardsforolive oil
(OJ L 155, 14.6.2002, p. 27)
Amended by:
Official Journal
No page date
►M1Commission Regulation (EC) No 1964/2002 of 4 November 2002 L 300 3 5.11.2002
▼B
COMMISSIONREGULATION(EC)No1019/2002
of13June2002
onmarketingstandardsforoliveoil
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 productioncosts, 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 oilcontaining, in particular, specific labelling rules supplementingthose laid down in Directive 2000/13/EC of the European Parlia-ment and of the Council of 20 March 2000 on the approximationof 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, packagingfor the retail trade should be small and have an adequate closingsystem. However, the Member States should be allowed toauthorise larger packaging for collective establishments.
(3)Besides the compulsory descriptions for the various categories ofolive 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 geogra-
phical origin. This may result in price differences within thesame category that disturb the market. There are no substantialdifferences linked to origin in other categories of edible oliveoil, 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 edibleolive oils, Community standards should therefore be establishedfor designations of origin, which should be restricted to extravirgin 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 ofolive oil in circulation, it is not possible to introduce such asystem at present, and optional arrangements will thereforehave to be introduced for extra virgin and virgin olive oils.
(5)Existing trade marks including geographical references maycontinue to be used provided they have been officially registeredin 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 Deci-
sion 92/10/EEC(6), or Council Regulation (EC) No 40/94 of 202002R1019 — EN — 08.11.2002 — 001.001 — 2
(1) OJ 172, 30.9.1966, p. 3025/66.
(2) OJ L 201, 26.7.2001, p. 4.
(3) OJ L 109, 6.5.2000, p. 29.
(4) OJ L 310, 28.11.2001, p. 19.
(5) OJ L 40, 11.2.1989, p. 1.
(6) OJ L 6, 11.1.1992, p. 35.
▼B
December 1993 on the Community trade mark(1), as amended
by Regulation (EC) No 3288/94(2).
(6)A regional designation of origin may be covered by a protecteddesignation of origin (PDO) or a protected geographical indica-tion (PGI) under Council Regulation (EEC) No 2081/92 of 14July 1992 on the protection of geographical indications anddesignations of origin for agricultural products and foodstuffs(
3),
as last amended by Commission Regulation (EC) No 2796/
2000(4). Designations indicating a regional origin should be
reserved for PDOs or PGIs so as to avoid confusion amongconsumers potentially leading to market disturbances. In thecase of imported olive oils, the rules on non-preferential originprovided for in Council Regulation (EEC) No 2913/92 of 12
October 1992 establishing the Community Customs Code(
5), as
last amended by Regulation (EC) No 2700/2000 of the EuropeanParliament and of the Council(
6), must be complied with.
(7)If the designation of origin of virgin olive oil refers to theCommunity 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 designa-tion of origin must thus refer to the geographical area in whichthe olive oil was obtained, which is generally the area in whichthe oil was extracted from the olives. However, in certain casesthe 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 ensurethat consumers are not misled and the market in olive oil is notdisturbed.
(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 organo-leptic characteristics expected by the market. The typicalcharacteristics of the virgin olive oil in the areas concerned areguaranteed 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 traditionaltrade flows and taking account of the fluctuations in productionvolumes specific to olive-growing, therefore, the designation oforigin mentioning the Community or a Member State should bemaintained 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 origi-nate in its entirety in the zone covered by the designation oforigin.
(9)Under Directive 2000/13/EC, indications shown on the labelling
may not mislead the purchaser, particularly as to the characteris-
tics of the olive oil concerned, or by attributing to it propertieswhich it does not possess, or by suggesting that it possessesspecial characteristics when in fact most oils possess such char-acteristics. 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 veri-fied. Accordingly, the concepts of ‘cold pressing’ and ‘coldextraction’ should correspond to a technically defined traditionalproduction method. Organoleptic properties must be based onobjective 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 onlyin relation to the other characteristics of the olive oil concerned.2002R1019 — EN — 08.11.2002 — 001.001 — 3
(1) OJ L 11, 14.1.1994, p. 1.
(2) OJ L 349, 31.12.1994, p. 83.
(3) OJ L 208, 24.7.1992, p. 1.
(4) OJ L 324, 21.12.2000, p. 26.
(5) OJ L 302, 19.10.1992, p. 1.
(6) OJ L 311, 12.12.2000, p. 17.
▼B
Consequently, in view of the proliferation of certain indications
and of their economic significance objective criteria for theiruses should be established in order to introduce clarity into the
olive oil market.
(10)Steps should be taken to ensure that foodstuffs containing oliveoil do not take advantage of consumers by highlighting the repu-
tation of olive oil without clearly specifying the real compositionof the product. The percentage of olive oil and certain indica-tions specific to products consisting exclusively of a blend ofvegetable 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 Regu-
lation (EEC) No 2568/91 of 11 July 1991 on the characteristicsof olive oil and olive-residue oil and on the relevant methods ofanalysis(
1), as last amended by Regulation (EC) No 796/2002(2).
All other indications appearing on the labelling must be corrobo-
rated by objective elements in order to ensure that consumers are
not misled and that competition on the markets in the oilsconcerned is not distorted.
(12)Within the framework of the system of checks laid down inArticle 35a(2) of Regulation No 136/66/EEC, the Member Statesmust specify the evidence to be provided and the financial penal-ties incurred in the case of the different terms that can be usedon labelling. Without ruling out any possibilities a priori, suchevidence could include established facts, results of analyses or
reliable recordings, and administrative or accounting informa-
tion.
(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 theCommission and the Member States where the oil is marketed.
(14)In order to evaluate the arrangements provided for in this Regu-lation, the Member States concerned must report on thecircumstances and difficulties encountered.
(15)To allow a period for adjustment to the new standards and thecreation of the means needed to apply them, the period of appli-cation of Commission Regulation (EC) No 2815/98 of 22December 1998 concerning marketing standards for olive oil(
3),
as last amended by Regulation (EC) No 2152/2001(4), 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:
Article 1
1. Without prejudice to Directive 2000/13/EC, this Regulation lays
down specific standards for retail-stage marketing of the olive oils andolive-pomace oils referred to in points 1(a) and (b), 3 and 6 of theAnnex to Regulation No 136/66/EEC.
2. For the purposes of this Regulation, retail stage means the sale to
the final consumer of oil as referred to in paragraph 1, presented in thenatural state or incorporated in a foodstuff.2002R1019 — EN — 08.11.2002 — 001.001 — 4
(1) OJ L 248, 5.9.1991, p. 1.
(2) OJ L 128, 15.5.2002, p. 8.
(3) OJ L 349, 24.12.1998, p. 56.
(4) OJ L 288, 1.11.2001, p. 36.
▼B
Article 2
Oils as referred to in Article 1(1) shall be presented to the final
consumer in packaging of a maximum capacity of five litres. Suchpackaging shall be fitted with an opening system that can no longerbe sealed after the first time it is opened and shall be labelled in accor-
dance with Articles 3 to 6.
However, in the case of oils intended for consumption in restaurants,
hospitals, canteens and other similar collective establishments, the
Member States may set a maximum capacity exceeding five litres for
packaging depending on the type of establishment concerned.
Article 3
The labelling of oils as referred to in Article 1(1) shall bear, in clear
and indelible lettering, in addition to the trade description in accor-dance with Article 35 of Regulation No 136/66/EEC, the following
information on the category of oil:
(a) extra virgin olive oil:
‘superior category olive oil obtained directly from olives and solely
by mechanical means;’
(b) virgin olive oil:
‘olive oil obtained directly from olives and solely by mechanical
means;’
(c) olive oil composed of refined olive oils and virgin olive oils:
‘oil comprising exclusively olive oils that have undergone refining
and oils obtained directly from olives;’
(d) olive-pomace oil:
‘oil comprising exclusively oils obtained by treating the product
obtained after the extraction of olive oil and oils obtained directlyfrom olives,’
or
‘oil comprising exclusively oils obtained by processing olive
pomace oil and oils obtained directly from olives.’
Article 4
1. Only extra virgin and virgin olive oil as defined in points 1(a) and
(b) of the Annex to Regulation No 136/66/EEC may bear a designationof origin on the labelling, under the conditions provided for in para-graphs 2 to 6.
For the purposes of this Regulation, ‘designation of origin’ means
reference to a geographical area on the packaging or the label attachedto the packaging.
2. Designations of origin may indicate a regional origin for products
benefiting from a protected designation of origin or a protected geogra-phical indication under Regulation (EEC) No 2081/92. Suchdesignations are covered by that Regulation.
In other cases the designation of origin consists of reference to a
Member State, the Community or a third country.
3. The names of brands or firms whose registration was applied for
no later than 31 December 1998 under Directive 89/104/EEC or nolater than 31 May 2002 under Regulation (EC) No 40/94 shall not be
considered to be designations of origin covered by this Regulation.
4. In the case of import from a third country, the designation of
origin shall be determined in accordance with Articles 22 to 26 of
Regulation (EEC) No 2913/92.
5. The designation of origin mentioning a Member State or the
Community shall correspond to the geographical area in which the2002R1019 — EN — 08.11.2002 — 001.001 — 5
▼B
olives concerned were harvested or in which the mill where the oil was
extracted from the olives is situated.
If the olives have been harvested in a Member State or third country
other than that in which the mill where the oil was extracted from the
olives is situated, the designation of origin shall contain the following
wording: ‘(extra) virgin olive oil obtained in (the Community or thename of the Member State concerned) from olives harvested in (theCommunity or the name of the Member State or country concerned)’.
6. In the case of blends of extra virgin olive oils or virgin olive oils
in which more than 75 % originated, within the meaning of the first
subparagraph of paragraph 5 of this Article, in the same Member State
or in the Community, the main origin may be designated followed byan indication of the minimum percentage (75 % or more) which isactually from the main place of origin.
Article 5
Among the optional indications which may appear on the labelling of
oil as referred to in Article 1(1), those laid down in this Article shallcomply with the following respective requirements:
(a) the indication ‘first cold pressing’ may appear only for virgin or
extra virgin olive oils obtained at a temperature below 27 ºC from
a first mechanical pressing of the olive paste by a traditional
extraction system using hydraulic presses;
(b) the indication ‘cold extraction’ may appear only for virgin or extra
virgin olive oils obtained at a temperature below 27 ºC by percola-
tion or centrifugation of the olive paste;
(c) indications of organoleptic properties may appear only if they are
based on the results of a method of analysis provided for in Regu-lation (EEC) No 2568/91;
(d) indication of the acidity or maximum acidity may appear only if it
is accompanied by an indication, in lettering of the same size andin the same visual field, of the peroxide value, the wax content andthe ultraviolet absorption, determined in accordance with Regula-tion (EEC) No 2568/91.
Article 6
1. Where the presence of oils as referred to in Article 1(1) in a
blend of olive oil and other vegetable oils is highlighted on the label-
ling elsewhere than in the list of ingredients, using words, images or
graphics, the blend concerned must bear the following trade descrip-tion: ‘Blend of vegetable oils (or the specific names of the vegetableoils concerned) and olive oil’, directly followed by the percentage ofolive oil in the blend.
The presence of olive oil may be highlighted by images or graphics on
the labelling of a blend as referred to in the first subparagraph only
where it accounts for more than 50 % of the blend concerned.
2. With the exception of the cases referred to by the regulations
specific to certain products containing olive oil, where the presence ofolive oil in a foodstuff, other than those referred to in paragraph 1, ishighlighted on the labelling elsewhere than in the list of ingredients,using words, images or graphics, the trade description of the foodstuff
shall be directly followed by the percentage of olive oil relative to the
total net weight of the foodstuff.
The percentage of added olive oil relative to the total net weight of the
foodstuff may be replaced by the percentage of added olive oil relativeto the total weight of fats, adding the words percentage of fats.
3. Where olive-pomace oil is present, paragraphs 1 and 2 shall
apply,mutatis mutandis , with the words ‘olive-pomace oil’ replacing
‘olive oil’.2002R1019 — EN — 08.11.2002 — 001.001 — 6
▼B
Article 7
At the request of the Member State in which the address of the manu-
facturer, packer or seller appearing on the labelling is located, the party
concerned shall supply documentation in support of the indicationsreferred to in Articles 4, 5 and 6, based on one or more of thefollowing elements:
(a) factual elements or scientifically established facts,
(b) results of analyses or automatic recordings taken on representative
samples;
(c) administrative or accounting information kept in accordance with
Community and/or national rules.
The Member State concerned shall allow a tolerance between the indi-
cations referred to in Articles 4, 5 and 6 and appearing on the labelling,and the conclusions reached on the basis of the supporting documenta-tion presented and/or comparative expert opinions, taking account of
the accuracy and repeatability of the methods and the documentation
concerned and, where applicable, the accuracy and repeatability of thecomparative expert opinions.
Article 8
1. Each Member State shall forward the name and address of the
body or bodies responsible for monitoring the application of this Regu-
lation to the Commission, which shall inform the other Member Statesand any interested parties who so request.
2. The Member State in which the address of the manufacturer,
packer or seller appearing on the labelling is located shall, pursuant to
a verification request, take samples before the end of the monthfollowing that of the request and verify the truth of the indications onthe labelling concerned. This request may be sent by:
(a) the competent Commission departments;
(b) an operators' organisation approved by that Member State in accor-
dance with Article 4a of Council Regulation (EC) No 1638/98(
1);
(c) the control body of another Member State.
3. Requests as referred to in paragraph 2 shall be accompanied by
all information needed for the requested verification, and in particular:
(a) the date of sampling or purchase of the oil in question;
(b) the name or business name and address of the undertaking where
the sample was taken or where the oil concerned was purchased;
(c) the number of batches concerned;
(d) a copy of all labels appearing on the packaging of the oil
concerned;
(e) the results of analysis or of the other comparative expert opinions
indicating the methods used and the name and address of the
laboratory or expert concerned;
(f) where applicable, the name of the supplier of the oil in question as
declared by the marketing outlet.
4. Before the end of the third month following that of the request
referred to in paragraph 2, the Member State concerned shall informthe requester of the reference number allocated to it and of the action
taken.
Article 9
1. The Member States shall take the necessary measures, including
as regards the system of penalties to ensure compliance with this Regu-lation.2002R1019 — EN — 08.11.2002 — 001.001 — 7
(1) OJ L 210, 28.7.1998, p. 32.
▼B
The Member States shall communicate to the Commission the
measures taken to that end no later than 31 December 2002, and ofthe amendments to those measures before the end of the month
following that in which they are adopted.
2. For the purpose of verifying indications as referred to in Articles
5 and 6, the Member States concerned may introduce arrangements forapproving establishments whose packaging facilities are situated intheir territory. Such approval shall be compulsory for the indicationsreferred to in Article 4.
Approval shall be granted and alphanumeric identification allocated to
any establishment so requesting which meets the following conditions:
(a) possesses packaging facilities;
(b) undertakes to collect and keep the supporting documentation
required by the Member State under Article 7;
(c) has a storage system which make it possible to check the prove-
nance of oils bearing a designation of origin, to the satisfaction ofthe Member State concerned.
The label shall, where applicable, bear the alphanumeric identification
of the approved packaging plant.
3. Member States may continue to consider approved establishments
approved for the packaging of designated-origin oils under Regulation
(EC) No 2815/98 which meet the requirements for approval for the
2001/02 marketing year.
Article 10
The Member States concerned shall forward to the Commission no
later than 31 March each year, a report containing the following infor-mation for the previous year:
(a) requests for verifications received in accordance with Article 8(2);
(b) verifications undertaken and those commenced in previous
marketing years and still underway;
(c) the follow-upto the verifications carried out and the p enalties
applied.
The report shall present this information by year in which verification
was undertaken and by category of infringement. Where applicable, it
shall stipulate any specific difficulties encountered and proposed
improvements to controls.
Article 11
In Article 7 of Regulation (EC) No 2815/98, the date ‘30 June 2002’ is
replaced by ‘31 October 2002’.
Article 12
1. This Regulation shall enter into force on the seventh day
following its publication in the Official Journal of the European
Communities .
2. It shall apply from 1 November 2002, except for Articles 2, 3, 5
and 6 which shall apply from 1 November 2003.
Article 11 shall apply from 1 July 2002.However, products which have been legally manufactured and labelled
in the Community or legally imported into the Community and put into
free circulation before 1 November 2003 may be marketed until allstocks are used up.
This Regulation shall be binding in its entirety and directly applicable
in all Member States.2002R1019 — EN — 08.11.2002 — 001.001 — 8
▼M1
▼B