Commission Regulation (EC) No 1019/2002 of 13 June 2002 on marketing standards for olive oil

• Coming into Force: 01 July 2002,01 July 2008,30 November 2008,21 June 2002
• End of Effective Date: 02 February 2012
• Celex Number: 32002R1019
• ELI: http://data.europa.eu/eli/reg/2002/1019/oj
• Published date: 14 June 2002
• Date: 13 June 2002
• Official Gazette Publication: Official Journal of the European Communities, L 155, 14 June 2002

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Commission Regulation (EC) No 1019/2002 of 13 June 2002 on marketing standards for olive oil

Official Journal L 155 , 14/06/2002 P. 0027 - 0031

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 organisation of the market in oils and fats(1), as last amended by Regulation (EC) No 1513/2001(2), and in particular Article 35a thereof,

Whereas:

(1) Olive oil has certain properties, in particular organoleptic and nutritional properties, which, taking into account its production costs, allow it access to a relatively high-price market compared with most other vegetable fats. In view of this market situation, new marketing standards should be laid down for olive oil containing, in particular, specific labelling rules supplementing 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 advertising of foodstuffs(3), as amended by Commission Directive 2001/101/EC(4), and in particular the rules laid down in Article 2 thereof.

(2) 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.

(3) Besides the compulsory descriptions for the various categories of olive oil provided for in Article 35 of Regulation No 136/66/EEC, consumers should be informed about the types of olive oil offered.

(4) As a result of agricultural traditions and local extraction and blending practices directly marketable virgin olive 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 indicating the designation of origin on the immediate packaging 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.

(5) Existing trade marks including geographical references may continue to be used provided they have been officially 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).

(6) 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 disturbances. In the case of imported olive oils, the rules on non-preferential origin provided for in Council Regulation (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 Parliament and of the Council(12), must be complied with.

(7) 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 extraction 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.

(8) 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 typical organoleptic characteristics expected by...