Commission Regulation (EC) No 182/2009 of 6 March 2009 amending Regulation (EC) No 1019/2002 on marketing standards for olive oil
Date: 2009-03-06
Institutions: European Commission
Subjects: labelling, marketing standard, olive oil

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Official Journal of the European Union

7.3.2009

COMMISSION REGULATION (EC) No 182/2009

of 6 March 2009

amending Regulation (EC) No 1019/2002 on marketing standards for olive oil

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(3)

Having regard to the Treaty
Community,

establishing the European

Having regard to Council Regulation (EC) No 1234/2007 of
22 October 2007 establishing a common organisation of agri­
cultural markets and on specific provisions for certain agri­
cultural products (Single CMO Regulation) (1), and in particular
Articles 113(1)(a) and 121(a)
in conjunction with Article 4
thereof,

Whereas:

(1)

(2)

It is desirable to clarify that the name under which olive
oils and olive-pomace oils are sold should be one of the
descriptions laid down by the common organisation of
agricultural markets. Supplementary information on each
of the categories of oil defined should also appear on the
labelling, but not necessarily close to the name under
which the product is sold. For goods containing olive
oil, neither
the description, nor,
therefore, of the supplementary information should be
required.

labelling of

the

Commission Regulation (EC) No 1019/2002 (2) estab­
lished optional arrangements for the labelling of
the
origin of olive oil although the aim was a system
involving the compulsory labelling of
the origin for
extra virgin and virgin olive oil, in order to reflect the
fact that, as a result of agricultural traditions and local
extraction and blending practices such oils may be of
quite different
taste and quality depending on their
geographical origin. Optional arrangements implemented
since then proved not to be sufficient to avoid consumer
misleading as to the real characteristics of virgin oils to
this regard. In addition, since 2002, Regulation (EC) No
178/2002 of the European Parliament and of the Council
of 28 January 2002 laying down the general principles
and requirements of food law, establishing the European
Food Safety Authority and laying down procedures in
food safety (3) established traceability rules,
matters of
applicable since 1 January 2005. The experience gained
by operators and administrations in this matter allows
making the labelling of the origin compulsory for extra
virgin and virgin olive oil.

(1) OJ L 299, 16.11.2007, p. 1.
(2) OJ L 155, 14.6.2002, p. 27.
(3) OJ L 31, 1.2.2002, p. 1.

In the Community, a significant share of extra virgin and
virgin olive oils is composed of blends of oils originating
from various Member States and third countries. Simple
provisions should be laid down for the labelling of the
origin of such blends. Such simple rules make it possible
deleting the former provisions on labelling of a ‘predo­
minant origin’,
to
control and potentially misleading.

complex to implement, difficult

Certain terms describing the organoleptic characteristics
referring to taste and/or smell of extra virgin and virgin
olive oils have been recently defined by the International
Olive Council (IOC) in its revised method for the orga­
noleptic assessment of virgin olive oils. The use of such
terms on the labelling of extra virgin and virgin olive oils
should be reserved to oils that have been assessed
following the corresponding method of analysis. Tran­
sitional arrangements are needed for certain operators
presently using the reserved terms.

Several Member States have maintained national regu­
lations prohibiting the production of blends of olive oil
with other seed oils for internal consumption purposes
so as to preserve their traditions and a certain production
quality at national
level. The provisions of Regulation
(EC) No 1019/2002 do not apply to tuna and sardines,
covered respectively by Council Regulation (EEC) No
1536/92 of 9 June 1992 laying down common
marketing standards for preserved tuna and bonito (4)
and by Council Regulation (EEC) No 2136/89 of
21 June 1989 laying down common marketing
for preserved sardines (5). For
standards
reasons of
clarity,
these aspects should be clearly mentioned in
Regulation (EC) No 1019/2002.

Regulation (EC) No 1019/2002 should therefore be
amended accordingly.

The measures provided for in this Regulation are in
the Management
accordance with the opinion of
Committee for the Common Organisation of Agricultural
Markets,

(4)

(5)

(6)

(7)

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 1019/2002 is amended as follows:

(4) OJ L 163, 17.6.1992, p. 1.
(5) OJ L 212, 22.7.1989, p. 79.

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1. Article 1(1) is replaced by the following:

‘1. Without prejudice
to Directive 2000/13/EC and
Council Regulation (EC) No 510/2006 (*), this Regulation
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 Annex XVI to Regulation (EC) No
1234/2007.

___________
(*) OJ L 93, 31.3.2006, p. 12.’;

2. Article 3 is amended as follows:

(a)

the following paragraph is
paragraph:

inserted before the first

‘Descriptions in accordance with Article 118 of Regu­
lation (EC) No 1234/2007 shall be considered as the
name under which the product is sold as referred to in
Article 3(1)(1) of Directive 2000/13/EC.’;

(b) in the first paragraph, which becomes

the second
paragraph, the introductory words are replaced by the
following:

‘The labelling of oils as referred to in Article 1(1) shall
bear, in clear and indelible lettering, in addition to the
description referred to in the first paragraph, but not
the following information on
necessarily close to it,
the category of oil:’;

3. Article 4 is amended as follows:

(a)

in paragraph 1, the first subparagraph is replaced by the
following first and second subparagraphs:

‘Extra virgin olive oil and virgin olive oil as defined in
points 1(a) and (b) of Annex XVI to Regulation (EC) No
1234/2007 shall bear a designation of origin on the
labelling.

Products defined in points 3 and 6 of Annex XVI to
Regulation (EC) No 1234/2007 shall not bear any desig­
nation of origin on the labelling.’;

and 5, from more than one Member State or third
country, one of the following mentions, as appro­
priate:

(i) “blend of Community olive oils” or a reference

to the Community;

(ii) “blend of non-Community olive oils” or a

reference to non-Community origin;

(iii) “blend of Community and non-Community olive
oils” or a reference to Community and non-
Community origin; or

(c) a protected designation of origin or a protected
geographical
indication referred to in Regulation
(EC) No 510/2006,
in accordance with the
provisions of the product specification concerned.’;

(c) paragraph 6 is deleted;

4. Article 5 is amended as follows:

(a) Point (c) is replaced by the following:

‘(c) indications of organoleptic properties referring to
taste and/or smell may appear only for extra virgin
referred to in
and virgin olive oils;
paragraph 3.3 of Annex XII to Regulation (EEC) No
2568/91 may appear on the labelling only if they are
based on the results of an assessment carried out
following the method provided for in Annex XII to
Regulation (EEC) No 2568/91.’

the terms

(b) The following second paragraph is added:

least one of

‘Products sold under trademarks whose registration was
applied for no later than 1 March 2008 and which
referred to in
contain at
to Regulation (EEC) No
paragraph 3.3 of Annex XII
2568/91 may not comply with the requirements of
Article 5(c) of Regulation (EC) No 1019/2002 until
1 November 2011.’;

the terms

(b) paragraph 2 is replaced by the following:

5. Article 6 is amended as follows:

Designations of origin referred to in paragraph 1

‘2.
shall only consist of:

(a)

In paragraph 1,
added:

the following third subparagraph is

(a)

in the case of olive oils originating,
in accordance
with the provisions of paragraphs 4 and 5, from
one Member State or third country, a reference to
the Member State, to the Community or to the third
country, as appropriate; or,

(b) in the case of blends of olive oils originating,

in
accordance with the provisions of paragraphs 4

first

‘Member States may prohibit
the production in their
territory of blends of olive oil and other vegetable oils
internal
referred to in the
consumption. However,
the
marketing on their territory of such blends coming
the
from other countries and they may not prohibit
production on their
for
such blends
marketing in another Member State or for exportation.’

subparagraph for
they may not prohibit

territory of

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(b) In paragraph 2, the first subparagraph is replaced by the

following:

‘With the exception of tuna in olive oil referred to in
Council Regulation (EEC) No 1536/92 (*) and sardines in
olive oil referred to in Council Regulation (EEC) No
2136/89 (**), where the presence of oils as referred to
in Article 1(1) of this Regulation in a foodstuff, other
than those referred to in paragraph 1 of this Article, 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 oils as referred to in Article 1(1) of this
Regulation relative to the total net weight of
the
foodstuff.
___________
(*) OJ L 163, 17.6.1992, p. 1.
(**) OJ L 212, 22.7.1989, p. 79.’

(c) Paragraph 3 is replaced by the following:

‘3.
The descriptions referred to in the first paragraph
of Article 3 can be replaced by the words “olive oil” on
the labelling of products referred to in paragraphs 1 and
2 of this Article.

However, where olive-pomace oil is present, the words
“olive oil” shall be replaced by the words “olive-pomace
oil”.’

(d) The following paragraph 4 is added:

The

information referred to in the

‘4.
second
paragraph of Article 3 is not required on the labelling
of products referred to in paragraphs 1 and 2 of this
Article.’;

6. point (b) of Article 8(2) is replaced by the following:

‘(b) an operators’ organisation in that Member State referred
to in Article 125 of Regulation (EC) No 1234/2007;’;

7. the first subparagraph of Article 9(2)

is replaced by the

following:

‘For the purpose of verifying indications as referred to in
the Member States concerned may
Articles 4, 5 and 6,
introduce
establishments
for
whose packaging facilities are situated in their territory.’

arrangements

approving

Article 2

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

It shall apply from 1 July 2009.

By way of derogation from the second paragraph, products
which have been legally manufactured and labelled in the
Community or legally imported into the Community and put
into free circulation before 1 July 2009 may be marketed until
all stocks are used up.

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

Done at Brussels, 6 March 2009.

For the Commission

Mariann FISCHER BOEL
Member of the Commission