Foodlaw-Reading
Dr David Jukes, The University of Reading, UK
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Commission Consultation, 1 March 2018
The Commission is consulting on a draft delegated regulation on labels for olive oil. The following are the recitals from the draft. The consultation closes on the 29 March 2018.
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Draft Commission Delegated Regulation amending Implementing Regulation (EU) No 29/2012 as regards the requirements for certain indications on the labelling of olive oil A copy of the document is available on this site (click on image). |
(1) Pursuant to Article 5 of Commission Implementing Regulation (EU) No 29/2012 [see Note 1 below], operators have the possibility to indicate different optional indications in the labelling of olive oils and olive-pomace oils, under certain specific conditions. In particular, the acidity may appear on the label provided that certain physicochemical parameters (peroxide value, waxes content and ultraviolet absorption) are also indicated. With a view not to mislead consumers, where indicated on the labelling, the value of physicochemical parameters should be the maximum value such parameters could reach by the date of minimum durability.
(2) The indication of the harvesting year in the label of extra virgin and virgin olive oils is optional for the operators when 100% of the contents of the container come from one single harvesting year. Since the olive harvest usually begins in late autumn and ends by spring in the following year, it is appropriate to clarify how to label the harvesting year.
(3) In order to provide additional information on the age of an olive oil to consumers, Member States should be allowed to make the indication of the harvesting year compulsory. However, with a view not to disturb the functioning of the single market, such compulsory indication should be limited to their domestic production, obtained from olives harvested in their territory and intended for their national markets only. By analogy with the transitional period provided for in relation to Article 5 of Implementing Regulation (EU) No 29/2012, Member States should allow olive oils already labelled to be marketed until the stocks are exhausted. In order to enable the Commission to monitor the application of such national decision and to review the Union provision underlying it, in the light of any relevant evolution in the functioning of the single market, Member States should notify their decision in accordance with Article 45 of Regulation (EU) No 1169/2011 of the European Parliament and of the Council [see note 2 below].
(4) Implementing Regulation (EU) No 29/2012 should therefore be amended accordingly.
(5) In order to respect legitimate expectations of operators, a transitional period should be provided for products labelled in accordance with Implementing Regulation (EU) No 29/2012 before the date of application provided for in this Regulation,
Notes
1. Commission Implementing Regulation (EU) No 29/2012 of 13 January 2012 on marketing standards for olive oil (OJ L 12, 14.1.2012, p. 14).
3. Regulation (EU) No 1169/2011 of the European Parliament and of the Council of 25 October 2011 on the provision of food information to consumers, amending Regulations (EC) No 1924/2006 and (EC) No 1925/2006 of the European Parliament and of the Council, and repealing Commission Directive 87/250/EEC, Council Directive 90/496/EEC, Commission Directive 1999/10/EC, Directive 2000/13/EC of the European Parliament and of the Council, Commission Directives 2002/67/EC and 2008/5/EC and Commission Regulation (EC) No 608/2004 (OJ L 304, 22.11.2011, p. 18).
