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Document Ares(2026)4219781

COMMISSION IMPLEMENTING REGULATION (EU) …/... amending Implementing Regulation (EU) 2022/2105 as regards conformity checks of certain monovarietal extra virgin olive oils

Please be aware that this draft act does not constitute the final position of the institution.

COMMISSION IMPLEMENTING REGULATION (EU) …/...

of XXX

amending Implementing Regulation (EU) 2022/2105 as regards conformity checks of certain monovarietal extra virgin olive oils

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 1 , and in particular Article 90a(6), first subparagraph points (b) and (c), and Article 91, first paragraph points (b), (d) and (g), thereof,

Whereas:

(1)Commission Implementing Regulation (EU) 2022/2105 2 lays down rules on conformity checks on olive oil to verify the implementation of the marketing standards laid down in Commission Delegated Regulation (EU) 2022/2104 3 .

(2)To enable the carrying out of conformity checks of extra virgin olive oil made solely from either the Koroneiki variety or from the Nocellara del Belice variety, the obligations of Member States with regard to conformity checks and operators with regard to record keeping should be updated.

(3)Implementing Regulation (EU) 2022/2105 should therefore be amended accordingly.

(4)Sufficient time should be provided to operators and authorities responsible for conformity checks to prepare for the application of this Regulation. Therefore, it is appropriate to lay down that this Regulation applies as from the beginning of a new marketing year for olive oil, which begins on 1 October 2026.

(5)Implementing Regulation (EU) 2022/2105 should therefore be amended accordingly.

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

HAS ADOPTED THIS REGULATION:

Article 1

Implementing Regulation (EU) 2022/2105 is amended as follows:

(1)in Article 2, paragraph 2 is replaced by the following:

‘2.    Member States shall verify that operators comply with their obligations under Article 5(1) and (1a).’;

(2)Article 5 is amended as follows:

(a)the following paragraph 1a is inserted:

‘1a.    For the purpose of conformity checks, operators from the mill and up to the bottling stage shall be able to identify monovarietal extra virgin olive oils made solely from either the Koroneiki variety or the Nocellara del Belice variety.’;

(b)paragraph 2 is replaced by the following:

‘2.    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, 8a and 10 of Delegated Regulation (EU) 2022/2104, based on one or more of the following elements:

(a)factual elements or scientifically established facts;

(b)results of analyses or automatic recordings taken on representative samples;

(c)administrative or accounting information kept in accordance with Union and national rules.’.

Article 2

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

It shall apply from 1 October 2026.

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

Done at Brussels,

   For the Commission

   The President
   Ursula VON DER LEYEN

(1)    OJ L 347, 20.12.2013, p. 671; ELI: http://data.europa.eu/eli/reg/2013/1308/2023-01-01.
(2)    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 (OJ L 284, 4.11.2022, p. 23); ELI: http://data.europa.eu/eli/reg_impl/2022/2105/2022-11-04.
(3)    Commission Delegated Regulation (EU) 2022/2104 of 29 July 2022 supplementing Regulation (EU) No 1308/2013 of the European Parliament and of the Council as regards marketing standards for olive oil, and repealing Commission Regulation (EEC) No 2568/91 and Commission Implementing Regulation (EU) No 29/2012 (OJ L 284, 4.11.2022, p. 1); ELI: http://data.europa.eu/eli/reg_del/2022/2104/oj.
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