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Document 02022R2105-20221104
Commission Implementing Regulation (EU) 2022/2105 of 29 July 2022 laying down rules on conformity checks of marketing standards for olive oil and methods of analysis of the characteristics of olive oil
Consolidated text: Commission Implementing Regulation (EU) 2022/2105 of 29 July 2022 laying down rules on conformity checks of marketing standards for olive oil and methods of analysis of the characteristics of olive oil
Commission Implementing Regulation (EU) 2022/2105 of 29 July 2022 laying down rules on conformity checks of marketing standards for olive oil and methods of analysis of the characteristics of olive oil
ELI: http://data.europa.eu/eli/reg_impl/2022/2105/2022-11-04
02022R2105 — EN — 04.11.2022 — 000.001
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COMMISSION IMPLEMENTING REGULATION (EU) 2022/2105 of 29 July 2022 (OJ L 284 4.11.2022, p. 23) |
Corrected by:
COMMISSION IMPLEMENTING REGULATION (EU) 2022/2105
of 29 July 2022
laying down rules on conformity checks of marketing standards for olive oil and methods of analysis of the characteristics of olive oil
Article 1
Scope
This Regulation lays down rules on:
the checks of conformity with marketing standards for the olive oils referred to in Article 2 of Delegated Regulation (EU) 2022/2104 and their implementation by operators;
the cooperation and assistance between competent authorities with regard to the conformity checks referred to in point (a);
the records to be kept by operators who produce or hold olive oil and the approval of packaging plants;
the methods of analysis for determining the characteristics of olive oil.
Article 2
Obligations of Member States concerning conformity checks
Article 3
Frequency of conformity checks and risk analysis
The criteria to assess the risk are in particular:
the category of olive oil within the meaning of Article 2 of Delegated Regulation (EU) 2022/2104, the period of production, its price as compared to other vegetable oils, the blending and packing operations, the storage facilities and conditions, the country of origin, the country of destination, the means of transport or the volume of the lot;
the position of the operators in the marketing chain, the volume and value marketed by them, the range of oil categories they place on the market, the type of business carried out such as milling, storage, refining, blending, packaging or retail sale;
findings made during previous checks including the number and type of defects found, the usual quality of olive oil marketed, the performance of technical equipment used;
the reliability of operators’ quality assurance systems or self-checking systems related to the conformity with marketing standards;
the place where the conformity check is carried out, in particular if it is the first point of entry into the Union, the last point of exit from the Union or the place where the oils are produced, packaged, loaded or sold to the final consumer;
any other information that might indicate a risk of non-compliance.
Member States shall lay down in advance:
the criteria for assessing the risk of non-conformity of lots;
on the basis of a risk analysis for each risk category, the minimum number of operators or lots and quantities which will be subject to a conformity check.
Article 4
Cooperation between Member States with regard to conformity checks
In addition to the requirements laid down in Article 16 of Implementing Regulation (EU) 2019/1715, the request referred to in paragraph 1 of this Article shall be accompanied by all information needed for the verification, and in particular:
the date of sampling or purchase of the olive oil in question;
the name or business name and address of the operator where the sample was taken or where the olive oil concerned was purchased;
the number of batches concerned;
a copy of all labels appearing on the packaging of the olive oil concerned;
the results of the analysis or of the other comparative expert opinions indicating the methods used and the name and address of the laboratory or expert;
where applicable, the name of the supplier of the olive oil in question as declared by the marketing outlet.
Article 5
Obligations of operators
At the request of the Member State in which the operator appearing on the label is established, the operator shall supply documentation with regard to the fulfilment of the requirements referred to in Articles 6, 8 and 10 of Delegated Regulation (EU) 2022/2104 based on one or more of the following elements:
factual elements or scientifically established facts;
results of analyses or automatic recordings taken on representative samples;
administrative or accounting information kept in accordance with Union and national rules.
Article 6
Optional approval of packaging plants at national level
When they decide to make use of paragraph 1, Member States shall grant approval and allocate an alphanumeric identification to any packaging plant so requesting, which meets the following conditions:
possesses packaging facilities;
undertakes to collect and keep the documentation referred to in Article 5;
has a storage system which makes it possible to check the provenance of the olive oils for which the labelling of the place of origin is mandatory in accordance with Article 8(1) of Delegated Regulation (EU) 2022/2104.
Article 7
Methods of analysis used for determining the characteristics of olive oils
The characteristics of olive oils set out in Annex I to Commission Delegated Regulation (EU) 2022/2104 shall be determined in accordance with methods of analysis set out in Annex I to this Regulation.
Article 8
Sampling for conformity checks
Article 9
Verification of the characteristics of olive oils
Member States shall verify compliance of the olive oils with the characteristics of olive oils set out in Annex I to Commission Delegated Regulation (EU) 2022/2104:
in any order; or
by following the order set out on the flow-chart in Annex III to this Regulation, until one of the decisions appearing in the flow-chart is reached.
Article 10
Tasting panels
The terms of approval of tasting panels shall be set by Member States and ensure that:
the requirements of the method referred to in Annex I, point 5 for the determination of the organoleptic characteristics of virgin olive oil are met;
the panel leader is given training recognised for this purpose by the Member State;
continued approval depends on the performance at an annual review of the tasting panel by the Member State.
Article 11
Verification of the organoleptic characteristics of virgin olive oils
Article 12
Oil content of oil cake and other residues
Article 13
Penalties
Article 14
Reporting
By 31 May of each year, Member States shall submit to the Commission a report in accordance with Delegated Regulation (EU) 2017/1183 on the implementation of this Regulation during the previous calendar year. The report shall contain at least the results of the conformity checks carried out on olive oil in accordance with the form set out in Annex V to this Regulation.
Article 15
Entry into force
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
ANNEX I
METHODS OF ANALYSIS USED FOR DETERMINING THE CHARACTERISTICS OF OLIVE OILS
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Characteristics of olive oils |
IOC method to be used |
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1 |
Acidity |
COI/T.20/Doc. No 34 (Determination of free fatty acids, cold method) |
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2 |
Peroxide value |
COI/T.20/Doc. No 35 (Determination of peroxide value) |
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3 |
2-glyceryl monopalmitate |
COI/T.20/Doc. No 23 (Determination of the percentage of 2-glyceryl monopalmitate) |
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4 |
K232, K268 or K270, ΔΚ |
COI/T.20/Doc. No 19 (Spectrophotometric investigation in the ultraviolet) |
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5 |
Organoleptic characteristics |
COI/T.20/Doc. No 15 (Sensory analysis of olive oil – Method for the organoleptic assessment of virgin olive oil) – except for its points 4.4 and 10.4 |
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6 |
Fatty acid composition, including trans-isomers |
COI/T.20/Doc. No 33 (Determination of fatty acid methyl esters by gas chromatography) |
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7 |
Fatty acid ethyl esters, waxes |
COI/T.20/Doc. No 28 (Determination of the content of waxes, fatty acid methyl esters and fatty acid ethyl esters by capillary gas chromatography) |
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8 |
Total sterols, sterol composition, erythrodiol, uvaol and aliphatic alcohols |
COI/T.20/Doc. No 26 (Determination of the composition and content of sterols, triterpenic dialcohols and aliphatic alcohols by capillary gas chromatography) |
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9 |
Stigmastadienes |
COI/T-20/Doc. No 11 (Determination of stigmastadienes in vegetable oils) |
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10 |
ΔΕCN42 |
COI/T.20/Doc. No 20 (Determination of the difference between actual and theoretical content of triacyglycerols with ECN 42) |
ANNEX II
SAMPLING OF OLIVE OIL DELIVERED IN PACKAGES
This method of sampling is applied to batches of olive oil put up in packages. Different sampling methods apply, depending on whether the package exceeds 5 litres or not.
For the purposes of this Annex, the following definitions apply:
‘package’ means the container which is in direct contact with the olive oil;
‘batch’ means a set of packages which are produced, manufactured and packed in circumstances such that the olive oil contained in each package is considered to be homogenous in terms of all analytical characteristics. The individuation of a batch must be done in accordance with Directive 2011/91/EU of the European Parliament and of the Council ( 4 );
‘increment’ means the quantity of olive oil contained in a package of up to 5 litres or extracted from a package exceeding 5 litres, when packages are selected from a random point of the batch.
1. CONTENT OF PRIMARY SAMPLE
1.1. Primary samples for packages up to 5 litres
A primary sample for packages of up to 5 litres shall be constituted in accordance with Table 1.
Table 1
Primary sample minimum size must comprise the following:
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Where the packaging has a capacity of |
The primary sample must comprise the olive oil from |
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(a) 750 ml or more |
(a) 1 package; |
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(b) less than 750 ml |
(b) the minimum number of packages with a total capacity of at least 750 ml |
The content of the primary sample must be homogenised before carrying out the different assessments and analyses.
1.2. Primary samples for packages exceeding 5 litres
A primary sample for packages exceeding 5 litres shall be constituted from the total number of increments extracted from the minimum number of packages set out in Table 2. The packages shall be selected randomly from the batch. Once constituted, the primary sample shall be of sufficient volume to allow for the division in multiple examples.
Table 2
Minimum number of packages to be selected randomly
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Number of packages in the batch |
Minimum number of packages to be selected |
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Up to 10 |
1 |
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From … 11 to 150 |
2 |
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From … 151 to 500 |
3 |
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From … 501 to 1 500 |
4 |
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From … 1 501 to 2 500 |
5 |
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> 2 500 per 1 000 packages |
1 extra package |
After homogenising the content of each package, the increment is extracted and poured into a common container for homogenisation by stirring, so that it will be best protected from air.
The content of the primary sample must be poured into a series of packages of a minimum capacity of 1 litre, each one of which constitutes a unit of the primary sample. Each package unit must be filled in a way to minimise the air layer on top and then suitably closed and sealed to ensure the product is tamper-proof. These package units must be labelled to ensure correct identification.
2. INCREASING THE NUMBER OF PRIMARY SAMPLES
The number of primary samples may be increased by each Member State, according to their own necessity (for example organoleptic assessment by a different laboratory from the one that performed the chemical analyses, counter-analysis, etc.).
The competent authority may increase the number of primary samples according to the following table:
Table 3
Number of primary samples determined by the size of batch
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Size of batch (litres) |
Number of primary samples |
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Less than 7 500 |
2 |
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From 7 500 to less than 25 000 |
3 |
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From 25 000 to less than 75 000 |
4 |
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From 75 000 to less than 125 000 |
5 |
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Equal to and more than 125 000 |
6 + 1 for each 50 000 litres more |
2.3. The formation of each primary sample must be carried out in accordance with the procedures referred to in points 1.1 and 1.2.
2.4. When randomly selecting packages for increments, the packages selected for one primary sample must be contiguous to packages selected for another primary sample. It is necessary to take note of the location of each randomly selected package and to identify it unambiguously.
3. ANALYSES AND RESULTS
3.1. Where all the results of the analyses for all primary samples comply with the characteristics of the category of olive oil declared, the whole batch is to be declared compliant.
3.2. When one of the results of the analyses of at least one primary sample does not comply with the characteristics of the declared category of olive oil, the whole sampling batch shall be declared non-compliant.
ANNEX III
FLOW-CHART FOR VERIFYING WHETHER AN OLIVE OIL SAMPLE IS CONSISTENT WITH THE CATEGORY DECLARED
General table
Table 1
Extra virgin olive oil — Quality criteria