WRITTEN QUESTION E-3480/02

by Francesco Fiori (PPE-DE)and Paolo Bartolozzi (PPE-DE) to the Commission

(6 December 2002)

Subject: Olive oil

Regulation (EC) No 1019/2002(1) on marketing standards for olive oil, which was adopted on 13 June 2002 and which came into force on 1 November 2002, provides for the sale of olive oil in labelled, non-resealable containers with a maximum capacity of five litres. By means of Regulation (EC) No 1964/2002(2) the deadline for implementation of the regulation was extended to 1 November 2003.

In Italy the system of direct sales from the producer involves approximately 300 000 producers and some 200 000 tonnes of olive oil (virtually all of it extra virgin). Direct sales are part of a cultural tradition which combines the purchase of a product at source with an opportunity for exploring or rediscovering small localities and hence rural areas, landscapes and heritage which are of major significance within the Italian people's collective experience.

The practice described above mainly involves the use of containers with a capacity exceeding five litres. Does the Commission not therefore think that the same containers could be used as are allowed under Article 2(2) of the Regulation in the case of oils intended for consumption in restaurants, hospitals, canteens and other collective establishments? In that paragraph the Member States are indeed empowered to set a maximum packaging capacity exceeding five litres.

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

(2) OJ L 300, 5.11.2002, p. 3.

Answer given by Mr Fischler on behalf of the Commission

(9 January 2003)

Commission Regulation (EC) No 1019/2002 of 13 June 2002 on marketing standards for olive oil(1) corresponds to the recommendations which the Council drew up when examining the Commission report on a quality strategy for olive oil.

That Regulation was amended by Commission Regulation (EC) No 1964/2002 of 4 November 2002(2) in order to bring the implementation dates more into line with producers' and bottlers' needs. Replacement Article 12(2) stipulates that the Regulation is to apply from 1 November 2002, except for Articles 2, 3, 5 and 6 which are to apply from 1 November 2003. The requirement to present oils in packaging of a maximum capacity of five litres labelled in accordance with the Regulation has therefore been deferred until 1 November 2003. Also, oils marketed before 1 November 2003 may be sold until their use by date.

Article 2 of Regulation (EC) No 1019/2002 does not prohibit direct sales, but in order to guarantee quality, prevent abuse by fraudulent mixing and ensure that oils sold for consumption meet health protection standards all sales must be in packaging of a maximum capacity of five litres with an appropriate closure and labelled in accordance with the Regulation.

The only exemption as regards packaging capacity applies to oils intended for consumption in restaurants, hospitals, cantines and the like. Oils may be sold in hermetically sealed packaging of a capacity of more than five litres if the Member State so authorises. Direct sales to consumers on producers' holdings are not exempt.

The Commission is convinced of the need to safeguard right down to consumer level the quality of olive oil supplied by producers.

(1) OJ L 155, 14.6.2002.

(2) Commission Regulation (EC) No 1964/2002 of 4 November 2002 amending Regulation (EC) No 1019/2002 on marketing standards for olive oil, OJ L 300, 5.11.2002.