Foodlaw-Reading
Dr David Jukes, The University of Reading, UK
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Commission Consultation, 11 March 2022
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Commission draft regulation: COMMISSION IMPLEMENTING REGULATION laying down rules on conformity checks of marketing standards for olive oil and methods of analysis of the characteristics of olive oil A copy of this draft is available on this site (click on image). See also: Draft Annex. |
The consultation is available on the Commission site - see: Olive oil – updated methods of analysis. The consultation closes on 8 April 2022. The following are the draft recitals taken from the draft regulation:
(1) Regulation (EU) No 1308/2013 repealed and replaced Council Regulation (EC) No 1234/20072. Regulation (EU) No 1308/2013 lays down rules on marketing standards for olive oil and empowers the Commission to adopt delegated and implementing acts in that respect. In order to ensure the smooth functioning of the olive oil market in the new legal framework, certain rules have to be adopted by means of such acts.
(2) The experience acquired over the last decade from the implementation of the Union marketing standards for olive oil and from the implementation of conformity checks shows that the regulatory framework needs to be simplified and clarified. Similar and complementary requirements should be revised to avoid duplications and potential inconsistencies.
(3) Member States should carry out conformity checks aimed to verify whether products referred to in Part VII of Annex VIII to Regulation (EU) No 1308/2013 conform to the rules laid down in Commission Delegated Regulation (EU) …/…3 [reference to the delegated act], and in particular on the conformity of the label with the contents of the container. Introducing minimum control requirements for all Member States should also help to combat fraud. While Member States are best placed to identify and decide which authorities should be responsible for the application of this Regulation, they should inform the Commission of such competent authorities, to ensure appropriate communication with other Member States’ respective authorities and with the Commission.
(4) Member States should be required to submit an annual report to the Commission with information on conformity checks carried out during the previous year, in order to ensure uniform conditions for the implementation of this Regulation. To facilitate the collection and transmission of comparable data, the subsequent compilation of such data into Union-wide statistics and the preparation of reports by the Commission on conformity rchecks across the Union, a standard model form should be provided for annual reports.
(5) In order to verify that olive oil complies with the rules laid down in Delegated Regulation (EU) …/… [reference to the delegated act] and maximise the protection of consumers, competent authorities should carry out conformity checks based on a risk analysis.
(6) Since checks on operators responsible for producing or first placing olive oil on the market must be made in the Member State in which they are established, there should be a procedure for administrative cooperation between the Commission and the Member States where the oil is produced and marketed.
(7) Within the framework of the checks the Member States should specify the evidence to be provided for the different terms that can be used on the label. Such evidence should include established facts, results of analyses or reliable recordings, and administrative or accounting information.
(8) Member States should be allowed to approve packaging plants situated on their territory, in order to facilitate the check of the conformity of the product with the mandatory and optional particulars written on the label, in accordance with Delegated Regulation (EU) …/… [reference to the delegated act].
(9) The characteristics of the different types of olive oil should be determined uniformly throughout the Union. To that end, Union legislation should specify which methods of chemical analysis and organoleptic evaluation should be used. As the Union is a member of the International Olive Council (‘IOC’), the methods to be used when performing conformity checks should be those established by the IOC.
(10) In order to ensure uniformity in the sampling for conformity checks, the method of sampling of olive oil should be set out. In order to ensure that analyses are carried out in the correct conditions and in view of the distances between regions, different time limits should be set for sending samples to the laboratory after sampling.
(11) Member States should verify the compliance of olive oil placed on the Union market with the characteristics set out in Delegated Regulation (EU) …/… [reference to the delegated act]. As regards the classification of oils, the test results should be compared with the limits set in that Regulation, which take into account the repeatability margins and reproducibility of the analysis methods used.
(12) The IOC method for the evaluation of the organoleptic characteristics of virgin olive oils includes the setting up of panels of selected and trained tasters. In order to ensure uniformity in the implementation, minimum requirements for the approval of panels should be set out. In view of the difficulties that some Member States encounter in setting up tasting panels, the use of panels in other Member States should be authorised.
(13) The use of the IOC method for the evaluation of the organoleptic characteristics of virgin olive oils requires that a procedure be available for dealing with cases of discrepancy between the category declared and that assigned by the tasting panel.
(14) In order to ensure that the system of levies applicable to imports of olive cake and residues functions correctly, a single method for the determination of the oil content of these products should be laid down.
(15) Member States should lay down penalties for the non-compliances found at national level with the marketing standards for olive oil. Those penalties should be effective, proportionate and dissuasive.
(16) The measures provided for in this Regulation are in accordance with the opinion of the Committee for the Common Organisation of Agricultural Markets.
See also related news item: 11 March 2022 OLIVE OIL - Commission Consultation: Olive oil – changes to marketing standards
