WRITTEN QUESTION E-3189/02

by Adriana Poli Bortone (UEN) to the Commission

(7 November 2002)

Subject: New olive oil labelling rules

On 13 June 2002 the Commission adopted Regulation (EEC) No 1019/2002(1) on marketing standards for olive oil. This regulation introduces a number of new rules in addition to those laid down by 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.

Article 4 of Regulation No 1019/2002(2) not only says that the designation of origin of the oil is optional but also that only extra virgin olive oil or oil benefiting from a protected designation of origin or a protected geographical indication may bear a designation of origin on the labelling.

The lack of any general requirement to indicate the origin of oil amounts to misleading consumers who are buying oil from different countries than the language on the label and, above all, the brand name would reasonably lead them to assume.

Moreover, the possibility of blending oils of different origins and the associated option of indicating a fictitious main origin on the label creates even greater confusion in the marketing standards for olive oil.

As this regulation will enter into force on 1 November 2002 and is intended, on the one hand, to simplify the relevant legislation and, on the other, to provide the consumer with greater protection by not only ensuring that consumers are not misled by labels but also guaranteeing the quality of the final product, does the Commission not think it would be advisable to propose an amendment to the regulation to make it compulsory to indicate the origin of the oil on the label and thus give consumers absolute certainty?

(1) OJ L 155, 14.6.2002, p. 27.

(2) OJ L 109, 6.5.2000, p. 29.

Answer given by Mr Fischler on behalf of the Commission

(9 December 2002)

Commission Regulation (EC) No 1019/2002 of 13 June 2002 on marketing standards for olive oil follows a resolution of Parliament and complies with the recommendations the Council made on examining the Commission's report on quality strategy for olive oil.

Article 4 on designation of origin on labelling applies from 1 November 2002. It continues the arrangement introduced by Regulation (EC) No 2815/98(1) whereby a designation of origin may optionally be shown on the labelling of extra virgin and virgin oils if at least 75 % of the oil has that origin. It prohibits designation of origin for other categories and allows a regional origin to be indicated only in the case of protected designation of origin (PDO) and protected geographical indication (PGI) oils.

To make compulsory the indication of origin that up to now has been optional presupposes an efficient Community-wide tracing and control system for verifying origin that does not hinder movement of oils inside and outside the Community. Such a system covering all olive oil that is traded is at present unrealisable.

The existing optional arrangement reverses the burden of proof by obliging a person who wishes to label the origin of certain oils to hold documentation meeting Community and national requirements. This is more easily achievable in some cases (e.g. mills disposing only of their own production) than in others (e.g. bottlers/canners of various olive oils).

On oil sales in Italy, the figures for the last marketing year (2001/02) should be noted. Given domestic olive oil production of 562 000 tonnes, domestic consumption of 735 000 tonnes and exports of 280 000 tonnes, Italian traders had to import 440 000 tonnes to meet demand on the internal and external markets. Of this 400 000 tonnes came from Spain. The other 40 000 tonnes came from Tunisia and had to meet the quality requirements set in the Community rules.

Under Regulation (EC) No 2815/98 and from 1 November 2002 Article 4 of Regulation (EC) No 1019/2002 Made in Italy may appear on the label only if the oil comes 75 % to 100 % from olives harvested in Italy. If it comes less than 100 % from Italian olives this must be explicitly stated.

The Commission firmly believes that the arrangement in force for indicating origin on labelling is the only way of guaranteeing to the consumer the quality of the olive oil supplied by the producer.

(1) Commission Regulation (EC) No 2815/98 of 22 December 1998 concerning marketing standards for olive oil, OJ L 349, 24.12.1998.