Commission Regulation (EC) No 1019/2002 of 13 June 2002 on marketing standards for olive oil
Date: 2002-06-13
Institutions: European Commission
Subjects: consumer information, designation of origin, labelling, marketing standard, olive oil, packaging, retail trade, trade information

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COMMISSION REGULATION (EC) No 1019/2002

of 13 June 2002

on marketing standards for olive oil

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

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 organisa-
tion of the market in oils and fats (1), as last amended by Regu-
lation (EC) No 1513/2001 (2), and in particular Article 35a
thereof,

Whereas:

oils may be of quite different taste and quality depending
on their geographical origin. This may result in price
differences within the same category that disturb the
market. There are no substantial differences linked to
origin in other categories of edible olive oil, and so indi-
cating the designation of origin on the immediate packa-
ging of such oil may lead consumers to believe that
quality differences do exist. In order not to distort the
market in edible olive oils, Community standards should
therefore be established for designations of origin, which
should be restricted to extra virgin and virgin olive oils
which satisfy precise conditions. The aim is a system
involving the compulsory designation of origin for those
categories of olive oil. However, since no arrangements
exist for tracing and checking all quantities of olive oil in
circulation, it is not possible to introduce such a system
at present, and optional arrangements will therefore have
to be introduced for extra virgin and virgin olive oils.

(1)

(2)

(3)

this market

In view of

in particular organo-
Olive oil has certain properties,
leptic and nutritional properties, which,
taking into
account its production costs, allow it access to a rela-
tively high-price market compared with most other vege-
situation, new
table fats.
marketing standards should be laid down for olive oil
containing, in particular, specific labelling rules supple-
menting those laid down in 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 adver-
tising of foodstuffs (3), as amended by Commission Direc-
tive 2001/101/EC (4), and in particular the rules laid
down in Article 2 thereof.

To guarantee the authenticity of
the olive oils sold,
packaging for the retail trade should be small and have
an adequate closing system. However, the Member States
should be allowed to authorise larger packaging for
collective establishments.

Besides the compulsory descriptions for the various cate-
gories of olive oil provided for in Article 35 of Regula-
tion No 136/66/EEC, consumers should be informed
about the types of olive oil offered.

(5)

(6)

Existing trade marks including geographical references
may continue to be used provided they have been offi-
cially registered in the past in accordance with the first
Council Directive 89/104/EEC of 21 December 1988 to
approximate the laws of the Member States relating to
trade marks (5), as amended by Decision 92/10/EEC (6),
or Council Regulation (EC) No 40/94 of 20 December
1993 on the Community trade mark (7), as amended by
Regulation (EC) No 3288/94 (8).

A regional designation of origin may be covered by a
protected designation of origin (PDO) or a protected
geographical indication (PGI) under Council Regulation
(EEC) No 2081/92 of 14 July 1992 on the protection of
geographical
indications and designations of origin for
agricultural products and foodstuffs (9), as last amended
by Commission Regulation (EC) No 2796/2000 (10).
Designations indicating a regional origin should be
reserved for PDOs or PGIs so as to avoid confusion
among consumers potentially leading to market distur-
bances. In the case of imported olive oils, the rules on
non-preferential origin provided for in Council Regula-
tion (EEC) No 2913/92 of 12 October 1992 establishing
the Community Customs Code (11), as last amended by
Regulation (EC) No 2700/2000 of the European Parlia-
ment and of the Council (12), must be complied with.

(4)

As a result of agricultural traditions and local extraction
and blending practices directly marketable virgin olive

(1) OJ 172, 30.9.1966, p. 3025/66.
(2) OJ L 201, 26.7.2001, p. 4.
(3) OJ L 109, 6.5.2000, p. 29.
(4) OJ L 310, 28.11.2001, p. 19.

(5) OJ L 40, 11.2.1989, p. 1.
(6) OJ L 6, 11.1.1992, p. 35.
(7) OJ L 11, 14.1.1994, p. 1.
(8) OJ L 349, 31.12.1994, p. 83.
(9) OJ L 208, 24.7.1992, p. 1.
(10) OJ L 324, 21.12.2000, p. 26.
(11) OJ L 302, 19.10.1992, p. 1.
(12) OJ L 311, 12.12.2000, p. 17.

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(7)

(8)

(9)

(10)

If the designation of origin of virgin olive oil refers to
the Community or a Member State, it should be borne in
mind that not only the olives used but also the extrac-
tion techniques and practices influence the quality and
taste of the oil. The designation of origin must thus refer
to the geographical area in which the olive oil was
obtained, which is generally the area in which the oil
was extracted from the olives. However, in certain cases
the oil is extracted at a place that is not the same as that
where the olives were harvested and this information
should be stated on the packaging or labels attached to
the packaging to ensure that consumers are not misled
and the market in olive oil is not disturbed.

typical organoleptic

In the Community and the Member States a major
proportion of the virgin olive oil marketed is composed
of blends of olive oils, thereby guaranteeing constant
quality and the
characteristics
expected by the market. The typical characteristics of the
virgin olive oil
in the areas concerned are guaranteed
despite, or sometimes because of, the addition of a small
proportion of olive oil originating in another area. 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, therefore, the designation of origin mentioning
the Community or a Member State should be maintained
when the product is a blend containing a small propor-
tion of olive oil from other areas. However, consumers
must be informed in such cases that the product does
not originate in its entirety in the zone covered by the
designation of origin.

Under Directive 2000/13/EC, indications shown on the
labelling may not mislead the purchaser, particularly as
to the characteristics of the olive oil concerned, or by
attributing to it properties which it does not possess, or
by suggesting that
it possesses special characteristics
when in fact most oils possess such characteristics.
Certain commonly used, optional
indications that are
specific to olive oil also require harmonised rules to
precisely define such claims and ensure that their accu-
racy can be verified. Accordingly, the concepts of ‘cold
pressing’ and ‘cold extraction’ should correspond to a
technically defined traditional production method. Orga-
noleptic properties must be based on objective findings.
Reference to acidity in isolation wrongly suggests a scale
of absolute quality which is misleading for consumers
since this factor represents a qualitative value only in
relation to the other characteristics of
the olive oil
concerned. Consequently, in view of the proliferation of
certain indications and of their economic significance
objective criteria for their uses should be established in
order to introduce clarity into the olive oil market.

should be

Steps
foodstuffs
containing olive oil do not take advantage of consumers
by highlighting the reputation of olive oil without

taken to ensure

that

clearly specifying the real composition of the product.
The percentage of olive oil and certain indications
specific to products consisting exclusively of a blend of
vegetable oils must therefore be clearly shown on the
labelling.
the
laid down in certain regulations
special provisions
specific to olive oil products.

In addition, account must be taken of

(11)

The names of the categories of olive oil correspond to
physico-chemical and organoleptic characteristics which
are set out in the Annex to Regulation No 136/66/EEC
and in Commission Regulation (EEC) No 2568/91 of 11
July 1991 on the characteristics of olive oil and olive-
residue oil and on the relevant methods of analysis (1), as
last amended by Regulation (EC) No 796/2002 (2). All
other indications appearing on the labelling must be
corroborated by objective elements in order to ensure
that consumers are not misled and that competition on
the markets in the oils concerned is not distorted.

(12) Within the framework of the system of checks laid down
in Article 35a(2) of Regulation No 136/66/EEC,
the
Member States must specify the evidence to be provided
and the financial penalties incurred in the case of the
different terms that can be used on labelling. Without
ruling out any possibilities a priori, such evidence could
include established facts, results of analyses or reliable
recordings, and administrative or accounting informa-
tion.

(13)

Since checks on undertakings responsible for labelling
must be made in the Member State in which they are
established, there must be a procedure for administrative
cooperation between the Commission and the Member
States where the oil is marketed.

(14)

In order to evaluate the arrangements provided for in
this Regulation,
the Member States concerned must
report on the circumstances and difficulties encountered.

(15)

To allow a period for adjustment to the new standards
and the creation of the means needed to apply them, the
period of application of Commission Regulation (EC) No
2815/98 of 22 December 1998 concerning marketing
standards for olive oil (3), as last amended by Regulation
(EC) No 2152/2001 (4), should be extended and the
application of this Regulation should be deferred.

(16)

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

(1) OJ L 248, 5.9.1991, p. 1.
(2) OJ L 128, 15.5.2002, p. 8.
(3) OJ L 349, 24.12.1998, p. 56.
(4) OJ L 288, 1.11.2001, p. 36.

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HAS ADOPTED THIS REGULATION:

Article 1

‘designation of origin’
For the purposes of this Regulation,
means reference to a geographical area on the packaging or the
label attached to the packaging.

1. Without prejudice to Directive 2000/13/EC, this Regula-
tion lays down specific standards for retail-stage marketing of
the olive oils and olive-pomace oils referred to in points 1(a)
and (b), 3 and 6 of the Annex to Regulation No 136/66/EEC.

2.
Designations of origin may indicate a regional origin for
products benefiting from a protected designation of origin or a
protected geographical
indication under Regulation (EEC) No
2081/92. Such designations are covered by that Regulation.

2.
For the purposes of this Regulation, retail stage means the
sale to the final consumer of oil as referred to in paragraph 1,
presented in the natural state or incorporated in a foodstuff.

In other cases the designation of origin consists of reference to
a Member State, the Community or a third country.

Article 2

Oils as referred to in Article 1(1) shall be presented to the final
consumer in packaging of a maximum capacity of five litres.
Such packaging shall be fitted with an opening system that can
no longer be sealed after the first time it is opened and shall be
labelled in accordance with Articles 3 to 6.

However,
in the case of oils intended for consumption in
restaurants, hospitals, canteens and other similar collective
establishments, the Member States may set a maximum capacity
exceeding five litres for packaging depending on the type of
establishment concerned.

Article 3

The labelling of oils as referred to in Article 1(1) shall bear, in
clear and indelible lettering, in addition to the trade description
in accordance with Article 35 of Regulation No 136/66/EEC,
the following information on the category of oil:

(a) extra virgin olive oil:

‘superior category olive oil obtained directly from olives
and solely by mechanical means;’

(b) virgin olive oil:

‘olive oil obtained directly from olives and solely by
mechanical means;’

(c) olive oil composed of refined olive oils and virgin olive oils:

‘oil comprising exclusively olive oils that have undergone
refining and oils obtained directly from olives;’

(d) olive-pomace oil:

‘oil comprising exclusively oils obtained by treating the
product obtained after the extraction of olive oil and oils
obtained directly from olives,’

or

‘oil comprising exclusively oils obtained by processing olive
pomace oil and oils obtained directly from olives.’

Article 4

1.
Only extra virgin and virgin olive oil as defined in points
1(a) and (b) of the Annex to Regulation No 136/66/EEC may
bear a designation of origin on the labelling, under the condi-
tions provided for in paragraphs 2 to 6.

3.
The names of brands or firms whose registration was
applied for no later than 31 December 1998 under Directive
89/104/EEC or no later than 31 May 2002 under Regulation
(EC) No 40/94 shall not be considered to be designations of
origin covered by this Regulation.

4.
In the case of import from a third country, the designa-
tion of origin shall be determined in accordance with Articles
22 to 26 of Regulation (EEC) No 2913/92.

5.
The designation of origin mentioning a Member State or
the Community shall correspond to the geographical area in
which the olives concerned were harvested or in which the mill
where the oil was extracted from the olives is situated.

If the olives have been harvested in a Member State or third
country other than that in which the mill where the oil was
extracted from the olives is situated, the designation of origin
shall contain the following wording:
‘(extra) virgin olive oil
obtained in (the Community or the name of the Member State
concerned) from olives harvested in (the Community or the
name of the Member State or country concerned)’.

the first subparagraph of paragraph 5 of

6.
In the case of blends of extra virgin olive oils or virgin
olive oils in which more than 75 % originated, within the
meaning of
this
Article, in the same Member State or in the Community, the
main origin may be designated followed by an indication of the
minimum percentage (75 % or more) which is actually from
the main place of origin.

Article 5

Among the optional
indications which may appear on the
labelling of oil as referred to in Article 1(1), those laid down in
this Article shall comply with the following respective require-
ments:

(a) the indication ‘first cold pressing’ may appear only for
virgin or extra virgin olive oils obtained at a temperature
below 27 °C from a first mechanical pressing of the olive
paste by a traditional extraction system using hydraulic
presses;

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(b) the indication ‘cold extraction’ may appear only for virgin
or extra virgin olive oils obtained at a temperature below
27 °C by percolation or centrifugation of the olive paste;

(c) indications of organoleptic properties may appear only if
they are based on the results of a method of analysis
provided for in Regulation (EEC) No 2568/91;

(d) indication of the acidity or maximum acidity may appear
only if it is accompanied by an indication, in lettering of
the same size and in the same visual field, of the peroxide
value, the wax content and the ultraviolet absorption, deter-
mined in accordance with Regulation (EEC) No 2568/91.

Article 6

1. Where the presence of oils as referred to in Article 1(1) in
a blend of olive oil and other vegetable oils is highlighted on
the labelling elsewhere than in the list of ingredients, using
words, images or graphics, the blend concerned must bear the
following trade description:
‘Blend of vegetable oils (or the
specific names of the vegetable oils concerned) and olive oil’,
directly followed by the percentage of olive oil in the blend.

The presence of olive oil may be highlighted by images or
graphics on the labelling of a blend as referred to in the first
subparagraph only where it accounts for more than 50 % of
the blend concerned.

2. With the exception of the cases referred to by the regula-
tions specific to certain products containing olive oil, where the
presence of olive oil in a foodstuff, other than those referred to
in paragraph 1, is highlighted on the labelling elsewhere than
in the list of ingredients, using words, images or graphics, the
trade description of the foodstuff shall be directly followed by
the percentage of olive oil relative to the total net weight of the
foodstuff.

The percentage of added olive oil relative to the total net weight
of the foodstuff may be replaced by the percentage of added
olive oil relative to the total weight of fats, adding the words
percentage of fats.

The Member State concerned shall allow a tolerance between
the indications referred to in Articles 4, 5 and 6 and appearing
on the labelling, and the conclusions reached on the basis of
the supporting documentation presented and/or comparative
expert opinions, taking account of the accuracy and repeat-
ability of the methods and the documentation concerned and,
where applicable,
the
comparative expert opinions.

the accuracy and repeatability of

Article 8

1.
Each Member State shall forward the name and address of
the body or bodies responsible for monitoring the application
of this Regulation to the Commission, which shall inform the
other Member States and any interested parties who so request.

2.
The Member State in which the address of the manufac-
turer, packer or seller appearing on the labelling is located shall,
pursuant to a verification request, take samples before the end
of the month following that of the request and verify the truth
of the indications on the labelling concerned. This request may
be sent by:

(a) the competent Commission departments;

(b) an operators’ organisation approved by that Member State
in accordance with Article 4a of Council Regulation (EC)
No 1638/98 (1);

(c) the control body of another Member State.

Requests as referred to in paragraph 2 shall be accompa-
3.
nied by all information needed for the requested verification,
and in particular:

(a) the date of sampling or purchase of the oil in question;

(b) the name or business name and address of the undertaking
where the sample was taken or where the oil concerned
was purchased;

(c) the number of batches concerned;

(d) a copy of all labels appearing on the packaging of the oil

concerned;

3. Where olive-pomace oil is present, paragraphs 1 and 2
shall apply, mutatis mutandis, with the words ‘olive-pomace oil’
replacing ‘olive oil’.

(e) the results of analysis or of the other comparative expert
opinions indicating the methods used and the name and
address of the laboratory or expert concerned;

Article 7

At the request of the Member State in which the address of the
manufacturer, packer or seller appearing on the labelling is
located, the party concerned shall supply documentation in
support of the indications referred to in Articles 4, 5 and 6,
based on one or more of the following elements:

(a) factual elements or scientifically established facts,

(b) results of analyses or automatic recordings taken on repre-

sentative samples;

(f) where applicable, the name of the supplier of the oil in

question as declared by the marketing outlet.

4.
Before the end of the third month following that of the
request referred to in paragraph 2, the Member State concerned
shall inform the requester of the reference number allocated to
it and of the action taken.

Article 9

1.
The Member States shall take the necessary measures,
including as regards the system of penalties to ensure compli-
ance with this Regulation.

(c) administrative or accounting information kept in accor-

dance with Community and/or national rules.

(1) OJ L 210, 28.7.1998, p. 32.

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The Member States shall communicate to the Commission the
measures taken to that end no later than 31 December 2002,
and of the amendments to those measures before the end of the
month following that in which they are adopted.

For the purpose of verifying indications as referred to in
2.
Articles 5 and 6, the Member States concerned may introduce
arrangements for approving establishments whose packaging
facilities are situated in their territory. Such approval shall be
compulsory for the indications referred to in Article 4.

Approval shall be granted and alphanumeric identification allo-
cated to any establishment so requesting which meets the
following conditions:

(a) possesses packaging facilities;

(b) verifications undertaken and those commenced in previous

marketing years and still underway;

(c) the follow-up to the verifications carried out and the penal-

ties applied.

The report shall present this information by year in which veri-
fication was undertaken and by category of
infringement.
Where applicable,
it shall stipulate any specific difficulties
encountered and proposed improvements to controls.

Article 11

(b) undertakes to collect and keep the supporting documenta-

tion required by the Member State under Article 7;

In Article 7 of Regulation (EC) No 2815/98, the date ‘30 June
2002’ is replaced by ‘31 October 2002’.

(c) has a storage system which make it possible to check the
provenance of oils bearing a designation of origin, to the
satisfaction of the Member State concerned.

The label shall, where applicable, bear the alphanumeric identi-
fication of the approved packaging plant.

3. Member States may continue to consider approved estab-
lishments approved for the packaging of designated-origin oils
under Regulation (EC) No 2815/98 which meet the require-
ments for approval for the 2001/02 marketing year.

Article 10

The Member States concerned shall forward to the Commission
no later than 31 March each year, a report containing the
following information for the previous year:

(a) requests for verifications received in accordance with Article

Article 12

1.
This Regulation shall enter into force on the seventh day
following its publication in the Official Journal of the European
Communities.

2.
It shall apply from 1 November 2002, except in the case
of products that have been lawfully manufactured and labelled
in the European Community or lawfully imported into the
European Community and released for free circulation before 1
August 2002.

Article 11 shall apply from 1 July 2002.

8(2);

Articles 3, 5 and 6 shall apply from 1 November 2003.

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

Done at Brussels, 13 June 2002.

For the Commission

Franz FISCHLER

Member of the Commission