COMMISSION DELEGATED REGULATION (EU) 2022/2104

of 29 July 2022

supplementing Regulation (EU) No 1308/2013 of the European Parliament and of the Council as regards marketing standards for olive oil, and repealing Commission Regulation (EEC) No 2568/91 and Commission Implementing Regulation (EU) No 29/2012

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (1), and in particular Articles 75(2), 78(3) and (4) and 88(3) thereof,

Whereas:

(1) Regulation (EU) No 1308/2013 repealed and replaced Council Regulation (EC) No 1234/2007 (2). Part II, Title II, Chapter I, Section 1, of Regulation (EU) No 1308/2013 lays down rules on marketing standards for olive oil and empowers the Commission to adopt delegated and implementing acts in that respect. In order to ensure the smooth functioning of the olive oil market in the new legal framework, certain rules have to be adopted by means of such acts. Those acts should replace Commission Regulation (EEC) No 2568/91 (3) and Commission Implementing Regulation (EU) No 29/2012 (4), which should therefore be repealed.

(2) Olive oil has certain 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 for olive oils should be laid down which guarantee product quality and combat fraud effectively. Effective monitoring of marketing standards should also be improved. Specific provisions to this end should therefore be laid down.

(3) The experience acquired over the last decade from the implementation of the Union marketing standards for olive oil and from the implementation of conformity checks shows that certain aspects of the regulatory framework need to be simplified and clarified.

(4) For the purpose of differentiating between the various types of olive oil, the physical and chemical characteristics of each of the olive oil categories and the organoleptic characteristics of virgin olive oils should be determined, in order to guarantee the purity and quality of the products concerned.

(5) In order not to mislead consumers and create unfair competition on the olive oil market, it should be permitted only for categories of olive oil that are allowed to be sold to the final consumer to be blended with other vegetable oils or incorporated in foodstuffs. To take account of their differing circumstances, Member States should be allowed to prohibit the production of such blends on their territory.

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

(7) In order to help the consumer to select products, it is crucial that the mandatory particulars indicated on the label are easily readable. Rules should therefore be laid down on readability and the concentration of mandatory information within the main field of vision.

(8) The names of the categories of olive oil should correspond to the descriptions of the olive oil marketed within each Member State, in intra-Union trade and in trade with third countries as set out in Part VIII of Annex VII to Regulation (EU) No 1308/2013.

(9) Numerous scientific studies have demonstrated that light and heat adversely affect the quality of olive oil. Specific storage conditions should therefore be clearly indicated on the label to ensure that the consumer is well informed about the best conditions for storage.

(10) 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 place of 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 place of origin on the packaging of such oil may lead consumers to believe that quality differences do exist. In order not to distort the market in edible olive oil, an obligatory Union regime should therefore be established for labelling the place of origin, which should be restricted to extra virgin and virgin olive oils which satisfy precise conditions.

(11) 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. Provisions should be laid down for the labelling of the origin of such blends.

(12) A regional designation of origin may be covered by a protected designation of origin (PDO) or a protected geographical indication (PGI) in accordance with Regulation (EU) No 1151/2012 of the European Parliament and of the Council (5). Designations indicating a regional origin should be reserved for PDOs or PGIs so as to avoid confusion among consumers, which may potentially lead to market disturbances. In the case of imported olive oil, the rules on non-preferential origin provided for in Regulation (EU) No 952/2013 of the European Parliament and of the Council (6) should be complied with.

(13) Existing trademarks including geographical references should be able to continue to be used, provided they have been officially registered in the past, in accordance with Council Directive 89/104/EEC (7) or Council Regulation (EC) No 40/94 (8).

(14) If the place of origin of an extra virgin or a virgin olive oil refers to the Union or a Member State, this is an indication not only of where the olives were harvested but also of the extraction techniques and practices that influence the quality and taste of the oil. The place of origin should 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.

(15) When packaging plants are approved at national level in accordance with Article 6 of Commission Implementing Regulation (EU) 2022/2105 laying down rules on conformity checks of marketing standards for olive oil and methods of analysis of the characteristics of olive oil (9), the label of olive oil should include the alphanumeric identification allocated to the packaging plant, in order to allow for better traceability and consumer protection.

(16) In accordance with Regulation (EU) No 1169/2011 of the European Parliament and of the Council (10), indications shown on the label are not to 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 require harmonised rules to precisely define such claims and ensure that their accuracy can be verified. 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.

(17) Accordingly, the concepts of ‘first cold pressing’ and ‘cold extraction’ should correspond to a technically defined traditional production method.

(18) Certain terms describing the organoleptic characteristics referring to taste or smell of extra virgin and virgin olive oils have been defined in Annex IX to Regulation (EU) No 1308/2013. In order not to mislead the consumers, no other terms describing the organoleptic characteristics of extra virgin and virgin olive oils should be used in the description of these oils. The use of such terms on the label of extra virgin and virgin olive oils should be reserved to oils that have been verified to possess these characteristics following the corresponding method of analysis of the International Olive Council.

(19) 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 physico-chemical parameters (peroxide value, wax content and ultraviolet absorption). Therefore when a reference to acidity is made on the label, those parameters should also be indicated.

(20) With a view not to mislead consumers, the value of physico-chemical parameters when such parameters are indicated on the label should be the maximum value such parameters could reach by the date of minimum durability.

(21) In order to provide consumers with information on the age of the product, operators should be allowed to indicate the harvesting year on the label of extra virgin and virgin olive oils but only when 100 % of the contents of the container come from one single harvesting year. Since the olive harvest usually begins during the autumn and ends by spring in the following year, it is appropriate to clarify how to label the harvesting year.

(22) In order to provide information on the age of an olive oil to consumers, Member States should be allowed to make the indication of the harvesting year compulsory. However, with a view not to disturb the functioning of the single market, such compulsory indication should be limited to their domestic production, obtained from olives harvested on their territory and intended for their national markets only. In order to enable the Commission to monitor the application of such national decision and to review the underlying Union provision, in the light of any relevant evolution in the functioning of the single market, Member States should notify their decision in accordance with Commission Delegated Regulation (EU) 2017/1183 (11).

(23) Steps should be taken to ensure that foodstuffs containing olive oil do not mislead 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 should therefore be clearly shown on the labelling. In addition, account should be taken of the special provisions on solid foodstuffs preserved exclusively in olive oil laid down in specific regulations, in particular for sardines, tuna and bonito.

(24) In the interest of simplification, for food products preserved exclusively in olive oil, it should not be required to state the percentage of oil added in relation to the total net weight of the foodstuff on the label,

HAS ADOPTED THIS REGULATION:

Article 1 Scope This Regulation lays down rules: (a) on the characteristics of the olive oils referred to in Part VIII, points 1 to 6, of Annex VII to Regulation (EU) No 1308/2013; (b) on specific marketing standards for the olive oils referred to in Part VIII, points 1(a) and (b) and points 3 and 6, of Annex VII to Regulation (EU) No 1308/2013, when sold to the final consumer, presented in the natural state or in a foodstuff.

Article 2 Categories of olive oil 1. Olive oils which comply with the characteristics set out: (a) in point 1 of Tables A and B of Annex I to this Regulation shall be deemed to be extra virgin olive oil within the meaning of Part VIII, point 1(a), of Annex VII to Regulation (EU) No 1308/2013; (b) in point 2 of Tables A and B of Annex I to this Regulation shall be deemed to be virgin olive oil within the meaning of Part VIII, point 1(b), of Annex VII to Regulation (EU) No 1308/2013; (c) in point 3 of Tables A and B of Annex I to this Regulation shall be deemed to be lampante olive oil within the meaning of Part VIII, point 1(c), of Annex VII to Regulation (EU) No 1308/2013; (d) in point 4 of Tables A and B of Annex I to this Regulation shall be deemed to be refined olive oil within the meaning of Part VIII, point 2, of Annex VII to Regulation (EU) No 1308/2013; (e) in point 5 of Tables A and B of Annex I to this Regulation shall be deemed to be olive oil composed of refined olive oils and virgin olive oils within the meaning of Part VIII, point 3, of Annex VII to Regulation (EU) No 1308/2013; (f) in point 6 of Tables A and B of Annex I to this Regulation shall be deemed to be crude olive-pomace oil within the meaning of Part VIII, point 4, of Annex VII to Regulation (EU) No 1308/2013; (g) in point 7 of Tables A and B of Annex I to this Regulation shall be deemed to be refined olive-pomace oil within the meaning of Part VIII, point 5, of Annex VII to Regulation (EU) No 1308/2013; (h) in point 8 of Tables A and B of Annex I to this Regulation shall be deemed to be olive-pomace oil within the meaning of Part VIII, point 6, of Annex VII to Regulation (EU) No 1308/2013. 2. The characteristics of olive oils laid down in Annex I shall be determined in accordance with Commission Implementing Regulation (EU) 2022/2105.

Article 3 Blends and olive oil in other foodstuffs 1. Only oils referred to in Article 1, point (b), may be part of blends of olive oil and other vegetable oils. 2. Only oils referred to in Article 1, point (b), may be incorporated in other foodstuffs. 3. Member States may prohibit the production on their territory of blends of olive oil and other vegetable oils referred to in paragraph 1 for internal consumption. However, they may not prohibit the marketing on their territory of such blends coming from other countries and they may not prohibit the production on their territory of such blends for marketing in another Member State or for exportation.

Article 4 Packaging 1. Oils referred to in Article 1, point (b), shall be presented to the final consumer in packaging of a maximum capacity of five litres. Such packaging shall be fitted with an opening system that can no longer be sealed after the first time it is opened and shall be labelled in accordance with this Regulation. 2. In the case of oils referred to in Article 1, point (b), intended for consumption in restaurants, hospitals, canteens and other similar collective establishments, Member States may set a maximum capacity exceeding five litres for packaging, depending on the type of establishment concerned.

Article 5 Labelling 1. The labelling of particulars referred to in Articles 6 to 9 shall be mandatory. 2. The legal name referred to in Article 6(1) and, where applicable, the place of origin referred to in Article 8(1), shall be grouped together within the principal field of vision, as defined in Article 2(2), point (l), of Regulation (EU) No 1169/2011, either on the same label or on several labels attached to the same container, or directly on the same container. Those particulars shall be shown in full and in a homogeneous body of text. 3. The labelling of particulars referred to in Articles 10, 11 and 12 shall be voluntary.

Article 6 Legal name and labelling of category of oils 1. The description of the oils referred to in Article 1, point (b), shall be considered as their legal name within the meaning of Article 2(2), point (n), of Regulation (EU) No 1169/2011. 2. The label of those oils shall bear, in clear and indelible marking, in addition to the description referred to in paragraph 1, but not necessarily close to it, 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: (i) ‘oil comprising exclusively oils obtained by treating the product obtained after the extraction of olive oil and oils obtained directly from olives’; or (ii) ‘oil comprising exclusively oils obtained by processing olive pomace and oils obtained directly from olives’.

Article 7 Special storage conditions Information on the special storage conditions for oils referred to in Article 1, point (b), namely that they must be stored away from light and heat, shall appear on their containers or on the labels attached to them.

Article 8 Place of origin 1. For extra virgin olive oil and virgin olive oil, referred to in Part VIII, points 1(a) and (b), of Annex VII to Regulation (EU) No 1308/2013, the place of origin shall appear on the label. 2. For the oils referred to in Part VIII, points 3 and 6, of Annex VII to Regulation (EU) No 1308/2013, no place of origin shall be displayed on the label. 3. The place of origin referred to in paragraph 1 shall only consist of: (a) in the case of olive oils originating, in accordance with paragraphs 6 and 7, from one Member State or third country, a reference to that Member State, the Union or the third country, as appropriate; or (b) in the case of blends of olive oils originating, in accordance with paragraphs 6 and 7, from more than one Member State or third country, one of the following indications, as appropriate: (i) ‘blend of olive oils of European Union origin’ or a reference to the Union; (ii) ‘blend of olive oils not of European Union origin’ or a reference to origin outside the Union; (iii) ‘blend of olive oils of European Union origin and not of European Union origin’ or a reference to origin within the Union and outside the Union; or (c) a protected designation of origin or a protected geographical indication in accordance with Regulation (EU) No 1151/2012. 4. The names of brands or firms whose registration was applied for by 31 December 1998 in accordance with Directive 89/104/EEC or by 31 May 2002 in accordance with Council Regulation (EC) No 40/94 shall not be considered as the place of origin covered by this Regulation. 5. In the case of import from a third country, the place of origin shall be determined in accordance with Articles 59 to 63 of Regulation (EU) No 952/2013. 6. The place of origin mentioning a Member State or the Union shall correspond to the geographical area in which the olives were harvested and in which the mill where the oil was extracted from the olives is situated. 7. 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 place of origin shall contain the following wording: ‘(extra) virgin olive oil obtained in (the Union or the name of the Member State or third country concerned) from olives harvested in (the Union or the name of the Member State or third country concerned)’.

Article 9 Packaging plant number For oils referred to in Article 1, point (b), the label shall, where applicable, bear the alphanumeric identification of the packaging plant approved in accordance with Article 6 of Commission Implementing Regulation (EU) 2022/2105.

Article 10 Optional reserved terms The following conditions shall apply for the use of optional reserved terms within the meaning of Annex IX to Regulation (EU) No 1308/2013, which may appear on the label of oils referred to in Article 1, point (b), of this Regulation: (a) the indication ‘first cold pressing’ may appear only for extra virgin or virgin olive oils obtained at a temperature below 27 °C 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 extra virgin or virgin olive oils obtained at a temperature below 27 °C by percolation or centrifugation of the olive paste; (c) indications of organoleptic characteristics referring to taste or smell may appear only for extra virgin and virgin olive oils. Only the organoleptic characteristics as defined in Annex IX to Regulation (EU) No 1308/2013 may appear on the label and only if they are based on an assessment carried out following the method referred to in Annex I, point 5, of Commission Implementing Regulation (EU) 2022/2105. The definitions and ranges of results, which allow for indication of these organoleptic characteristics, are set out in Annex II to this Regulation; (d) the indication of the maximum acidity expected by the date of minimum durability referred to in Article 9(1), point (f), of Regulation (EU) No 1169/2011 may appear only if it is accompanied by an indication, in marking of the same size and in the same visual field, of the maximum values for peroxide, wax content and ultraviolet absorption, determined in accordance with Commission Implementing Regulation (EU) 2022/2105, expected by the same date.

Article 11 Indication of the harvesting year 1. Only extra virgin olive oil and virgin olive oil, referred to in Part VIII, points 1(a) and (b), of Annex VII to Regulation (EU) No 1308/2013, may bear the indication of the harvesting year. 2. The harvesting year may be shown only if 100 % of the contents of the container come from that harvest and shall be indicated on the label either in the form of the relevant marketing year in accordance with Article 6, point (f), of Regulation (EU) No 1308/2013 or in the form of the month and the year of the harvest, in that order. The month shall correspond to the month of the extraction of the oil from the olives. 3. Member States may decide that the harvesting year referred to in paragraph 1 shall be indicated on the label of olive oils referred to in that paragraph, of their domestic production, obtained from olives harvested on their territory and intended for their national markets only. 4. The decision referred to in paragraph 3 shall not prevent olive oils labelled prior to the date on which that decision takes effect from being marketed until the stocks are exhausted. 5. Member States shall notify the Commission of the decision referred to in paragraph 3 in accordance with Delegated Regulation (EU) 2017/1183.

Article 12 Indication of the presence of olive oil outside the list of ingredients in blends and foodstuffs 1. Where the presence of oils referred to in Article 1, point (b), in a blend with other vegetable oils is highlighted on the label elsewhere than in the list of ingredients, using words, images or graphics, the blend concerned shall bear the following trade description: ‘Blend of vegetable oils (or the specific names of the vegetable oils concerned) and olive oil’, directly followed by the percentage of such oils in the blend. 2. The presence of oils referred to in Article 1, point (b), may be highlighted by images or graphics on the label of a blend referred to in paragraph 1 only where it accounts for more than 50 % of the blend concerned. 3. With the exception of solid foodstuffs preserved exclusively in olive oil, in particular the products referred to in Council Regulations (EEC) No 2136/89 (12) and (EEC) No 1536/92 (13), and where the presence of oils referred to in Article 1, point (b), of this Regulation is stated on the label elsewhere than in the list of ingredients, using words, images or graphics, the name of the food shall be directly followed by the percentage of oil relative to the total net weight of the foodstuff. 4. The percentage of added oils referred to in Article 1, point (b), relative to the total net weight of the foodstuff referred to in paragraph 3 of this Article may be replaced by the percentage of added oil relative to the total weight of fats, adding the words ‘percentage of fats’. 5. The descriptions referred to in Article 6(1) may be replaced by the words ‘olive oil’ on the label of products referred to in paragraphs 1 and 3 of this Article. However, where olive-pomace oil is present, the words ‘olive oil’ shall be replaced by the words ‘olive-pomace oil’. 6. When other foodstuffs are added to oils referred to in Article 1, point (b), the resulting foodstuff shall not bear any of the legal names referred to in Article 6.

Article 13 Repeals Regulation (EEC) No 2568/91 and Implementing Regulation (EU) No 29/2012 are repealed. References to the repealed Regulations shall be construed as references to this Regulation and to Commission Implementing Regulation (EU) 2022/2105 and shall be read in accordance with the correlation table in Annex III to this Regulation.

Article 14 Entry into force This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 29 July 2022. For the Commission The President Ursula VON DER LEYEN

(1) OJ L 347, 20.12.2013, p. 671.

(2) 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) (OJ L 299, 16.11.2007, p. 1).

(3) 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 (OJ L 248, 5.9.1991, p. 1).

(4) Commission Implementing Regulation (EU) No 29/2012 of 13 January 2012 on marketing standards for olive oil (OJ L 12, 14.1.2012, p. 14).

(5) Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs (OJ L 343, 14.12.2012, p. 1).

(6) Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code (OJ L 269, 10.10.2013, p. 1).

(7) First Council Directive 89/104/EEC of 21 December 1988 to approximate the laws of the Member States relating to trade marks (OJ L 40, 11.2.1989, p. 1).

(8) Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ L 11, 14.1.1994, p. 1).

(9) Commission Implementing Regulation (EU) 2022/2105 laying down rules on conformity checks of marketing standards for olive oil and methods of analysis of the characteristics of olive oil (See page 23 of this Official Journal).

(10) Regulation (EU) No 1169/2011 of the European Parliament and of the Council of 25 October 2011 on the provision of food information to consumers, amending Regulations (EC) No 1924/2006 and (EC) No 1925/2006 of the European Parliament and of the Council, and repealing Commission Directive 87/250/EEC, Council Directive 90/496/EEC, Commission Directive 1999/10/EC, Directive 2000/13/EC of the European Parliament and of the Council, Commission Directives 2002/67/EC and 2008/5/EC and Commission Regulation (EC) No 608/2004 (OJ L 304, 22.11.2011, p. 18).

(11) Commission Delegated Regulation (EU) 2017/1183 of 20 April 2017 on supplementing Regulations (EU) No 1307/2013 and (EU) No 1308/2013 of the European Parliament and of the Council with regard to the notifications to the Commission of information and documents (OJ L 171, 4.7.2017, p. 100).

(12) Council Regulation (EEC) No 2136/89 of 21 June 1989 laying down common marketing standards for preserved sardines (OJ L 212, 22.7.1989, p. 79).

(13) Council Regulation (EEC) No 1536/92 of 9 June 1992 laying down common marketing standards for preserved tuna and bonito (OJ L 163, 17.6.1992, p. 1).