7.3.2009   

EN

Official Journal of the European Union

L 63/6

(1)

It is desirable to clarify that the name under which olive oils and olive-pomace oils are sold should be one of the descriptions laid down by the common organisation of agricultural markets. Supplementary information on each of the categories of oil defined should also appear on the labelling, but not necessarily close to the name under which the product is sold. For goods containing olive oil, neither the labelling of the description, nor, therefore, of the supplementary information should be required.

(2)

Commission Regulation (EC) No 1019/2002 (2) established optional arrangements for the labelling of the origin of olive oil although the aim was a system involving the compulsory labelling of the origin for extra virgin and virgin olive oil, in order to reflect the fact that, as a result of agricultural traditions and local extraction and blending practices such oils may be of quite different taste and quality depending on their geographical origin. Optional arrangements implemented since then proved not to be sufficient to avoid consumer misleading as to the real characteristics of virgin oils to this regard. In addition, since 2002, Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety (3) established traceability rules, applicable since 1 January 2005. The experience gained by operators and administrations in this matter allows making the labelling of the origin compulsory for extra virgin and virgin olive oil.

(3)

In the Community, a significant share of extra virgin and virgin olive oils is composed of blends of oils originating from various Member States and third countries. Simple provisions should be laid down for the labelling of the origin of such blends. Such simple rules make it possible deleting the former provisions on labelling of a ‘predominant origin’, complex to implement, difficult to control and potentially misleading.

(4)

Certain terms describing the organoleptic characteristics referring to taste and/or smell of extra virgin and virgin olive oils have been recently defined by the International Olive Council (IOC) in its revised method for the organoleptic assessment of virgin olive oils. The use of such terms on the labelling of extra virgin and virgin olive oils should be reserved to oils that have been assessed following the corresponding method of analysis. Transitional arrangements are needed for certain operators presently using the reserved terms.

(5)

Several Member States have maintained national regulations prohibiting the production of blends of olive oil with other seed oils for internal consumption purposes so as to preserve their traditions and a certain production quality at national level. The provisions of Regulation (EC) No 1019/2002 do not apply to tuna and sardines, covered respectively by Council Regulation (EEC) No 1536/92 of 9 June 1992 laying down common marketing standards for preserved tuna and bonito (4) and by Council Regulation (EEC) No 2136/89 of 21 June 1989 laying down common marketing standards for preserved sardines (5). For reasons of clarity, these aspects should be clearly mentioned in Regulation (EC) No 1019/2002.

(6)

Regulation (EC) No 1019/2002 should therefore be amended accordingly.

(7)

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

1.

Article 1(1) is replaced by the following:

‘1.   Without prejudice to Directive 2000/13/EC and Council Regulation (EC) No 510/2006 (6), this Regulation lays down specific standards for retail-stage marketing of the olive oils and olive-pomace oils referred to in points 1(a) and (b), 3 and 6 of Annex XVI to Regulation (EC) No 1234/2007.

2.

Article 3 is amended as follows:

3.

Article 4 is amended as follows:

4.

Article 5 is amended as follows:

5.

Article 6 is amended as follows:

6.

point (b) of Article 8(2) is replaced by the following:

7.

the first subparagraph of Article 9(2) is replaced by the following:

‘For the purpose of verifying indications as referred to in Articles 4, 5 and 6, the Member States concerned may introduce arrangements for approving establishments whose packaging facilities are situated in their territory.’