Commission Regulation (EC) No 2815/98 of 22 December 1998 concerning marketing standards for olive oil
Date: 1998-12-22
Institutions: European Commission
Subjects: designation of origin, labelling, marketing standard, olive oil, product designation, product quality

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Official Journal of the European Communities

24. 12. 98

COMMISSION REGULATION (EC) No 2815/98

of 22 December 1998

concerning marketing standards for olive oil

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

the Community Customs Code (3), as last amended by
Regulation (EC) No 82/97 (4), must be complied with;

Having regard to the Treaty establishing the European
Community,

Having regard to Council Regulation No 136/66/EEC of
22 September 1966 on the establishment of a common
organisation of the market in oils and fats (1), as last
amended by Regulation (EC) No 1638/98 (2), and in
particular Article 35a thereof,

Whereas as a result of agricultural traditions and local
extraction and blending practices directly marketable
edible virgin olive oils may be of quite different taste and
quality depending on their geographical origin; whereas
in price differences within the same
this may result
category as defined in the Annex to Regulation No 136/
66/EEC which disturb the market; whereas there are no
substantial differences linked to origin in other categories
of edible olive oil; whereas, for those categories, indication
on immediate packagings of the designation of origin
may lead consumers to believe that quality differences do
exist; whereas it is therefore necessary, so as not to distort
the market in edible olive oils, to establish Community
marketing standards which provide for a designation of
origin restricted to extra virgin and virgin olive oils which
satisfy precise conditions;

Whereas the marketing standards relating to origin must
take account of the results of the current negotiations on
the harmonisation of the rules of origin in non-preferen-
tial trade with third countries; whereas a system involving
the compulsory designation of origin requires a system
for tracing and checking all quantities of olive oil in
circulation; whereas such a movement tracing system will
be examined at the same time as the classification of the
oils to which it applies as part of the work on olive oil
quality strategy which must be carried out by 31 October
2001; whereas an optional and provisional system for the
designation of origin should therefore be set up within
the European Community;

Whereas, in the case of imported olive oils, the provisions
on non-preferential origin contained in Council Regula-
tion (EEC) No 2913/92 of 12 October 1992 establishing

(1) OJ 172, 30. 9. 1966, p. 3025/66.
(2) OJ L 210, 28. 7. 1998, p. 32.

Whereas the designation of a regional origin may be the
subject of a protected designation of origin (PDO) or a
protected geographical
to
Council Regulation (EEC) No 2081/92 (5), as last amended
by Commission Regulation (EC) No 1068/97 (6); whereas
designations of a regional origin should be reserved for
PDOs or PGIs so as to avoid confusion among consumers
and therefore market disturbances;

indication (PGI) pursuant

Whereas when the origin of a virgin olive oil relates to
the European Community or
to a geographical area
covering the entire territory of a Member State there can
be no confusion in practice with PDOs or PGIs; whereas
extraction practices and techniques, particularly in the
olive oil production sector, influence the quality and taste
of virgin oils; whereas transfers of olives from one country
to another are extremely limited, mainly because of the
substantial reduction in the quality of the oil obtained
which they entail; whereas extraction of the oil should
therefore be regarded as conferring origin, which will also
take account of the difficulties as regards control and
changing the class of product which are involved for
international trade;

Whereas in the European Community and the Member
States a major proportion of the virgin olive oil marketed
is composed of blends of olive oils so as to guarantee
constant quality and the typical organoleptic characteris-
tics expected by the market; whereas the typical charac-
teristics of the virgin olive oil in the areas in question are
guaranteed despite, or sometimes because of, the addition
of a small proportion of olive oil originating in another
area; whereas, therefore, in order to permit regular market
supplies in accordance with traditional trade flows and
taking account of the fluctuations in production volumes
specific to olive-growing, the designation of origin for
such an area should be maintained when the product is a
blend containing a small proportion of olive oil from
other areas; whereas in that case consumers must be
informed that
the product does not originate in its
entirety in the zone which is the subject of the designa-
tion of origin;

(3) OJ L 302, 19. 10. 1992, p. 1.
(4) OJ L 17, 21. 1. 1997, p. 1.
(5) OJ L 208, 24. 7. 1992, p. 1.
(6) OJ L 156, 13. 6. 1997, p. 10.

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the laws of

Whereas designations of origin must comply with
Council Directive 79/112/EEC of 18 December 1978 on
the approximation of
the Member States
relating to the labelling, presentation and advertising of
foodstuffs for sale to the ultimate consumer (1), as last
amended by Directive 97/4/EC (2); whereas it is necessary
to ensure that the information on labels does not confuse
consumers as to origin; whereas, however, existing trade
marks may continue to be used if they have been offi-
in accordance with First
cially registered in the past
Council Directive 89/104/EEC of 21 December 1988 to
approximate the laws of the Member States relating to
trade marks (3), as amended by Decision 92/10/EEC (4);

Whereas, in order to ensure checking of designations of
origin, provision should be made for the packaging plants
wishing to indicate a designation of origin on the virgin
olive oil they market to be subject to approval;

Whereas to allow a period for adjustment to the new
standards and the creation of the means needed to apply
them, and so as not to disturb commercial transactions,
application of this Regulation should be deferred and
provision should be made for the disposal of oil packaged
before the Regulation is applicable;

Whereas the Management Committee for Oils and Fats
has not delivered an opinion within the time limit set by
its chairman,

HAS ADOPTED THIS REGULATION:

Article 1

The designation of the origin of extra virgin and virgin
olive oil as defined in points 1(a) and (b) of the Annex to
Regulation No 136/66/EEC on packagings intended for
consumers in the Member States or on labels attached to
those packagings shall be optional. If that option is taken
up by an operator designation of the origin shall be
authorised solely in accordance with the provisions of this
Regulation.

The designation of the origin of other olive oils and
olive-residue oils as referred to in the Annex to the above
Regulation on packagings intended for consumers in the
Member States or on labels attached to those packagings
shall not be authorised.

Article 2

The designation of origin shall relate to a geograph-

1.
ical area and may mention only:

(1) OJ L 33, 8. 2. 1979, p. 1.
(2) OJ L 43, 14. 2. 1997, p. 21.
(3) OJ L 40, 11. 2. 1989, p. 1.
(4) OJ L 6, 11. 1. 1992, p. 35.

(a) a geographical area whose name has been registered as
a protected designation of origin or protected
geographical indication in accordance with Regulation
(EEC) No 2081/92;

and/or

(b) for the purposes of this Regulation:

— a Member State,

— the European Community,

— a third country.

2. Without prejudice to the national rules adopted
pursuant
the labelling and
presentation of the designation of origin for the final
consumer shall be in accordance with this paragraph.

to Directive 79/112/EEC,

The designation of origin shall be indicated on the pack-
aging or the label attached to the packaging within the
meaning of Article 1(3) of Directive 79/112/EEC in such
a way that
it can be easily understood by the final
consumer.

Any reference to a geographical area on the packaging or
the label attached to the packaging shall be regarded as a
designation of origin bound by the provisions of this
Regulation, with the exception of:

— the names of brands or firms whose registration was
applied for before 1 January 1999 in accordance with
Directive 89/104/EEC,

— designations granted pursuant to Regulation (EEC) No

2081/92.

Article 3

1.
In the case of oils benefiting from a protected desig-
nation of origin or from a protected geographical indica-
tion, the designation of origin shall be in accordance with
the provisions laid down pursuant to Regulation (EEC)
No 2081/92.

The designation of origin, where this indicates the
2.
European Community or a Member State, in cases other
than those referred to in paragraph 1, shall correspond to
the geographical area in which the ‘extra virgin olive oil'
or ‘virgin olive oil' was obtained.

However, in the case of blends of ‘extra virgin olive oils'
or ‘virgin olive oils' in which more than 75 % originates
in the same Member State or in the Community, the
is
main origin may be designated provided that
followed by the indication ‘selection of (extra) virgin olive
oils more than (75) % of which was obtained in . . . (desig-
nation of origin)'.

it

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An extra virgin or virgin olive oil shall be deemed to have
been obtained in a geographical area for the purposes of
this paragraph only if that oil has been extracted from
olives in a mill located within that area.

3.
In the case of an extra virgin or virgin olive oil
imported from a third country, the designation of origin
shall be determined in accordance with the provisions
regarding non-preferential origin contained in Articles 22
to 26 of Regulation (EEC) No 2913/92.

Article 4

The ‘extra virgin olive oil' and ‘virgin olive oil' whose
1.
origin is designated in accordance with Article 3(2) shall
be packaged in an establishment approved for
that
purpose. Approval shall be granted by the Member State
concerned in whose territory the packaging facilities are
situated.

2. Approval shall be granted and alphanumeric identifi-
cation allocated to any establishment so requesting which:

— possesses packaging facilities,
— undertakes to keep documentary records and separate
storage facilities permitting, to the satisfaction of the
Member State concerned, checks on the provenance
of the oils whose origin is designated and, where
necessary, of the constituents of the olive oil blends
whose origin is designated,

— agrees to the checks laid down in application of this

Regulation.

The packaging or label attached to the packaging
3.
shall bear the alphanumeric identification of the approved
packaging plant.

Article 5

1. Member States shall carry out designation of origin
checks in the packaging plants concerned so as to verify
correspondence between the designations of origin of the
virgin olive oils leaving the plants and the designations of
origin of the quantities of virgin olive oils used.

2. Member States shall adopt the necessary measures, in
particular by establishing a system of financial penalties,
to guarantee compliance with this Regulation. They shall
notify the Commission of the measures adopted to that
end.

Article 6

The packaging requirements of this Regulation shall not
apply to products that have been lawfully manufactured
and labelled in the Community or lawfully imported into
the Community and placed in free circulation before the
date when this Regulation begins to be applied.

Article 7

This Regulation shall enter into force on the third day
following its publication in the Official Journal of the
European Communities.

It shall be applicable from the first day of the fourth
month following its entry into force until 31 October
2001.

This Regulation shall be binding in its entirety and directly applicable in all Member
States.

Done at Brussels, 22 December 1998.

For the Commission

Franz FISCHLER

Member of the Commission