WRITTEN QUESTION E-1039/99

by Marco Cellai (NI) to the Commission

(20 April 1999)

Subject: Measures to protect olive oil

Regulation No 2815/98 (Annex B) of 22 December 1998(1) concerning marketing standards for olive oil is valid temporarily, until 31 October 2001. In defining the standards regulating the optional right (Article 1) to indicate on labels the designation of the origin of extra virgin and virgin olive oil the Regulation links the designation of origin solely to the place where the olives are processed: "An extra virgin or virgin olive oil shall be deemed to have been obtained in a geographical area ... only if that oil has been extracted from olives in a mill located within that area" (Article 3). The Regulation considers it unimportant to know where or how the olives are produced and states that it is sufficient to guarantee the location of the oil mill.

Since the new Community regulation (No 2815/98) does not apply to brands already registered, which means that Italian firms which use foreign oil can continue to do so whilst letting consumers believe that they are purchasing Italian oil, can the Commission say:

(a) whether it is aware that to present an oil produced from Spanish or Turkish olives with an Italian designation of origin merely because it is bottled in Italy constitutes a legalised deception at the expense of the consumer and an undeserved gift to unscrupulous producers;

(b) if so, how it intends to remedy this blatantly absurd situation created by a Community regulation;

(c) whether it does not consider that the designation of origin as defined in Regulation No 2815/98 is in conflict with the strategy to support product quality, based on the typical nature of a product, which derives not only from where semi-finished products are processed but also, and above all, as far as olives are concerned, from the place where the raw materials are produced;

(d) furthermore, whether it does not see this regulation as a threat to the traditions and legitimate interests of farming in this sector?

Answer given by Mr Fischler on behalf of the Commission

(7 May 1999)

The Commission considers that the entry into force of Commission Regulation (EC) 2815/98 of 22 December 1998 concerning marketing standards for olive oil ended the previously existing situation, in which the indication of origin led to confusion or was likely to mislead the consumer.

It should be noted that the Honourable Member's comments relate only to the designation of a Member State as the place of origin. At regional level, the conditions governing protected designations of origin or protected geographical indications must be met. Some of these conditions are obviously irrelevant at Member State level. In particular, trade in olives intended for the manufacture of virgin or extra virgin olive oil is practically non-existent since it offers no advantages from a technical or economic point of view.

The Commission would draw the Honourable Member's attention to the fact that, contrary to what he states, from the date of entry into force of Regulation (EC) 2815/98, Italian companies which use more than 25 % of oil originating in another country will no longer be able to lead consumers into believing that their olive oil is Italian, since they will be unable to indicate that it is of Italian origin on the label. If oil is not 100 % Italian, this fact must be mentioned on the label, even in the case of brands already registered.

Consequently, the Commission's position regarding the specific questions is as follows:

(a) and (b) The above-mentioned Regulation does not stipulate that origin may be conferred on an olive oil by the country in which it was merely packaged.

(c) The Commission has embarked on a detailed examination of all the problems connected with its quality strategy. The question of the link between the typical character of virgin olive oils and the place of production of the olives will be studied in this context. This may, if necessary, result in amendment of the existing rules, the period of validity of which has been expressly limited to 31 October 2001.

(d) No.

(1) OJ L 349, 24.12.1998, p. 56.