WRITTEN QUESTION P-3092/02

by Luciana Sbarbati (ELDR) to the Commission

(22 October 2002)

Subject: New rules for the marketing of olive oil

Whilst the European Parliament's Agriculture Committee is considering the amendments to the directive on the protection of designations of origin for agri-foodstuffs, the new EU regulation on olive oil will come into force on 1 November 2002.

This regulation is likely to have some adverse effects, at least initially:

- It authorises the product to be sold albeit for a transitional period of one year without its origin being indicated;

- It introduces the indication Made in Italy, but a quarter of the oil bottled and sold in Italy comes from Spain, Greece, Morocco, Turkey, Tunisia, Algeria, etc. The production of oil is regulated in Europe. What checks are made on the pesticides used in North African countries and on compliance with hygiene standards?

- It bans the sale of oil in bulk. It introduces the obligation to market it in containers holding no more than five litres. It therefore in effect prevents producers from selling direct to the consumer, adding the costs of bottling and distribution to those of production;

- It creates inconvenience for large-scale consumers restaurateurs and families, who traditionally (especially in certain regions in central and southern Italy) buy a year's supply at a time from the producer;

- It forces small producers (who do not belong to an organisation) to sell all their production to consortia or co-operatives, which arrange for distribution of the product on the national and international markets.

Can we be sure that in these circumstances consumers will be protected?

Answer given by Mr Fischler on behalf of the Commission

(18 November 2002)

Commission Regulation (EC) No 1019/2002 of 13 June 2002 on marketing standards for olive oil(1) was adopted following a resolution of Parliament and complies with the recommendations the Council made on examining the Commission communication on a quality strategy for olive oil.

On 16 October 2002 the Management Committee for Oils and Fats approved an amendment to the Regulation to bring the timing of introduction of its provisions into better line with the requirements of producers and bottlers. To this end Article 12(2) is altered so that the Regulation applies from 1 November 2002 except that Articles 2, 3, 5 and 6 will not apply until 1 November 2003. This means that the requirement to put oil in containers of capacity less than five litres labelled in line with the Regulation is deferred until that date. In addition, oil marketed before 1 November 2003 can be sold until its use by date.

As far as indication of origin on labels is concerned, Article 4 of the Regulation applies from 1 November 2002. It maintains the provisions introduced by Regulation (EC) No 2815/98(2).

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 25 % to 100 % from olives harvested in Italy. If it comes less than 100 % from Italian olives this must be explicitly indicated.

Article 2 of Regulation (EC) No 1019/2002 does not prohibit direct sales but, in order to guarantee oil quality, help prevent fraudulent misrepresentation of blends and ensure that oil sold for consumption meets health protection standards, all oil must be sold in containers of capacity less than five litres that are fitted with a suitable closing system and labelled in line with the Regulation.

If a Member State so authorises restaurateurs can have access to hermetically sealed containers of more than five litres.

Producers are under no obligation to sell to any category of operator whatsoever.

The Commission firmly believes that the quality of the oil that the producer furnishes must be safeguarded until it reaches the consumer.

(1) OJ L 155, 14.6.2002.

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