COMMISSION IMPLEMENTING REGULATION (EU) No 1348/2013

of 16 December 2013

amending Regulation (EEC) No 2568/91 on the characteristics of olive oil and olive-residue oil and on the relevant methods of analysis

THE EUROPEAN COMMISSION,

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

Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (1), and in particular Article 113(1)(a) and points (a) and (h) of the first paragraph of Article 121, in conjunction with Article 4 thereof,

Whereas:

(1)

Commission Regulation (EEC) No 2568/91 (2) defines the chemical and organoleptic characteristics of olive and olive-pomace oil and lays down methods of assessing those characteristics. Those methods and the limit values for the characteristics of oils should be updated on the basis of the opinion of chemical experts and in line with the work carried out within the International Olive Council (IOC).

(2)	To ensure the implementation at Union level of the most recent international standards established by the IOC, certain methods of analysis as well as certain limit values for the characteristics of oils laid down in Regulation (EEC) No 2568/91 should be updated.

(3)

Consequently, the limit values for stigmastadienes, waxes, myristic acid and fatty acids alkyl esters should be adapted and some decision trees for verifying whether on olive-oil sample is consistent with the category declared should be amended accordingly. Decision trees for campesterol and delta-7-stigmastenol accompanied by more restrictive parameters should be introduced in order to facilitate trade and guarantee olive oil authenticity, in the interest of consumer protection. The method of analysis relating to the composition and content of sterols and the determination of erythrodiol and uvaol should be replaced by a more reliable method which also covers triterpene dialcohols. It is also appropriate to review the organoleptic assessment of olive oil and to insert a method enabling the detection of extraneous vegetable oils in olive oils.

(4)	In the light of the developments relating to the procedures for the conformity checks of oils, the method of sampling of olive oil and olive-pomace oils should be adapted accordingly.

(5)	Regulation (EEC) No 2568/91 should therefore be amended accordingly.

(6)

In order to allow a period of adjustment to the new rules, to give time for introducing the means of applying them and to avoid disturbance to commercial transactions, the amendments made by this Regulation should apply as from 1 March 2014. For the same reasons, provision should be made for olive oil and olive-pomace oils that are legally manufactured and labelled in the Union or legally imported into the Union and released for free circulation before that date to be marketed until all stocks are used up.

(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.

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EEC) No 2568/91 is amended as follows:

(1)

Article 2 is replaced by the following:

‘Article 2

1. The characteristics of oils laid down in Annex I shall be determined in accordance with the following methods of analysis:

(a)	for the determination of the free fatty acids, expressed as the percentage of oleic acid, the method set out in Annex II;

(b)	for the determination of the peroxide index, the method set out in Annex III;

(c)	for determination of the wax content, the method set out in Annex IV;

(d)	for the determination of the composition and content of sterols and triterpene dialcohols by capillary-column gas chromatography, the method set out in Annex V;

(e)	for the determination of the percentage of 2- glyceryl monopalmitate, the method set out in Annex VII;

(f)	for spectrophotometric analysis, the method set out in Annex IX;

(g)	for the determination of the fatty acid composition, the method set out in Annex X A and X B;

(h)	for the determination of the volatile halogenated solvents, the method set out in Annex XI;

(i)	for the evaluation of the organoleptic characteristics of virgin olive oil, the method set out in Annex XII;

(j)	for the determination of stigmastadienes, the method set out in Annex XVII;

(k)	for determining the content of triglycerides with ECN42, the method set out in Annex XVIII;

(l)	for the determination of the aliphatic alcohol content, the method set out in Annex XIX;

(m)	for the determination of the content of waxes, fatty acid methyl esters and fatty acid ethyl esters, the method set out in Annex XX.

In order to detect the presence of extraneous vegetable oils in olive oils, the method of analysis set out in Annex XXa shall be applied.

2. Verification by national authorities or their representatives of the organoleptic characteristics of virgin oils shall be effected by tasting panels approved by the Member States.

The organoleptic characteristics of an oil as referred to in the first subparagraph shall be deemed consonant with the category declared if a panel approved by the Member State confirms the grading.

Should the panel not confirm the category declared as regards the organoleptic characteristics, at the interested party's request, the national authorities or their representatives shall have carried out without delay two counter-assessments by other approved panels, at least one by a panel approved by the producer Member State concerned. The characteristics concerned shall be deemed consonant with the characteristics declared if at least two of the counter-assessments confirm the declared grade. If that is not the case, the interested party shall be responsible for the cost of the counter-assessments.

3. When the national authorities or their representatives verify the characteristics of the oil as provided for in paragraph 1, samples shall be taken in accordance with international standards EN ISO 661 on the preparation of test samples and EN ISO 5555 on sampling. However, notwithstanding point 6.8 of standard EN ISO 5555, in case of batches of such oils in immediate packaging, the sample shall be taken in accordance with Annex Ia to this Regulation. In case of bulk oils for which the sampling cannot be performed according to EN ISO 5555, the sampling shall be performed in accordance with instructions provided by the competent authority of the Member State.

Without prejudice to standard EN ISO 5555 and Chapter 6 of standard EN ISO 661, the samples taken shall be put in a dark place away from strong heat as quickly as possible and sent to the laboratory for analysis no later than the fifth working day after they are taken, otherwise the samples shall be kept in such a way that they will not be degraded or damaged during transport or storage before being sent to the laboratory.

4. For the purposes of the verification provided for in paragraph 3, the analyses referred to in Annexes II, III, IX, XII and XX and, where applicable, any counter-analyses required under national law, shall be carried out before the minimum durability date in case of packaged products. In case of sampling of bulk oils, those analyses shall be carried out no later than the sixth month after the month in which the sample was taken.

No time limit shall apply to the other analyses provided for in this Regulation.

Unless the sample was taken less than two months before the minimum durability date, if the results of the analyses do not match the characteristics of the category of olive oil or olive-pomace oil declared, the party concerned shall be notified no later than one month before the end of the period laid down in the first subparagraph.

5. For the purpose of determining the characteristics of olive oils by the methods provided for in the first subparagraph of paragraph 1, the analysis results shall be directly compared with the limits laid down in this Regulation.’

(2)	Annex I is replaced by the text set out in Annex I to this Regulation.

(3)	Annex Ia is replaced by the text set out in Annex II to this Regulation.

(4)	Annex Ib is replaced by the text set out in Annex III to this Regulation.

(5)	Annex V is replaced by the text set out in Annex IV to this Regulation.

(6)	Annex VI is deleted.

(7)	Annex XII is replaced by the text set out in Annex V to this Regulation.

(8)	Annex XXa, the text of which is set out in Annex VI to this Regulation, is inserted after Annex XX.

Article 2

Products which have been legally manufactured and labelled in the Union or legally imported into the Union and released for free circulation before 1 March 2014 may be marketed until all stocks are used up.

Article 3

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

It shall apply from 1 March 2014.

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

Done at Brussels, 16 December 2013.

For the Commission

The President

José Manuel BARROSO

(1) OJ L 299, 16.11.2007, p. 1.

(2) Commission Regulation (EEC) No 2568/91 of 11 July 1991 on the characteristics of olive oil and olive-residue oil and on the relevant methods of analysis (OJ L 248, 5.9.1991, p. 1).

ANNEX I

‘ANNEX 1

OLIVE OIL CHARACTERISTICS

Category

Fatty acid composition (7)

Total transoleic isomers

(%)

Total translinoleic + translinolenic isomers

(%)

Sterols composition

Total sterols

(mg/kg)

Erythrodiol and uvaol

(%) (**)

Myristic

(%)

Linolenic

(%)

Arachidic

(%)

Eicosenoic

(%)

Behenic

(%)

Lignoceric

(%)

Cholesterol

(%)

Brassicasterol

(%)

Campesterol (8)

(%)

Stigmasterol

(%)

App β–sitosterol

(%) (9)

Delta-7-stigmastenol (8)

(%)

1.	Extra virgin olive oil

≤ 0,03

≤ 1,00

≤ 0,60

≤ 0,40

≤ 0,20

≤ 0,05

≤ 0,5

≤ 0,1

≤ 4,0

< Camp.

≥ 93,0

≤ 0,5

≥ 1 000

≤ 4,5

2.	Virgin olive oil

≤ 0,03

≤ 1,00

≤ 0,60

≤ 0,40

≤ 0,20

≤ 0,05

≤ 0,5

≤ 0,1

≤ 4,0

< Camp.

≥ 93,0

≤ 0,5

≥ 1 000

≤ 4,5

3.	Lampante olive oil

≤ 0,03

≤ 1,00

≤ 0,60

≤ 0,40

≤ 0,20

≤ 0,10

≤ 0,5

≤ 0,1

≤ 4,0

—

≥ 93,0

≤ 0,5

≥ 1 000

≤ 4,5 (10)

4.	Refined olive oil

≤ 0,03

≤ 1,00

≤ 0,60

≤ 0,40

≤ 0,20

≤ 0,30

≤ 0,5

≤ 0,1

≤ 4,0

< Camp.

≥ 93,0

≤ 0,5

≥ 1 000

≤ 4,5

5.	Olive oil composed of refined and virgin olive oils

≤ 0,03

≤ 1,00

≤ 0,60

≤ 0,40

≤ 0,20

≤ 0,30

≤ 0,5

≤ 0,1

≤ 4,0

< Camp.

≥ 93,0

≤ 0,5

≥ 1 000

≤ 4,5

6.	Crude olive-pomace oil

≤ 0,03

≤ 1,00

≤ 0,60

≤ 0,40

≤ 0,30

≤ 0,20

≤ 0,10

≤ 0,5

≤ 0,2

≤ 4,0

—

≥ 93,0

≤ 0,5

≥ 2 500

> 4,5 (11)

7.	Refined olive-pomace oil

≤ 0,03

≤ 1,00

≤ 0,60

≤ 0,40

≤ 0,30

≤ 0,20

≤ 0,40

≤ 0,35

≤ 0,5

≤ 0,2

≤ 4,0

< Camp.

≥ 93,0

≤ 0,5

≥ 1 800

> 4,5

8.	Olive-pomace oil

≤ 0,03

≤ 1,00

≤ 0,60

≤ 0,40

≤ 0,30

≤ 0,20

≤ 0,40

≤ 0,35

≤ 0,5

≤ 0,2

≤ 4,0

< Camp.

≥ 93,0

≤ 0,5

≥ 1 600

> 4,5

Notes:

(a)	The results of the analyses must be expressed to the same number of decimal places as used for each characteristic. The last digit must be increased by one unit if the following digit is greater than 4.

(b)	If just a single characteristic does not match the values stated, the category of an oil can be changed or the oil declared impure for the purposes of this Regulation.

(c)

If a characteristic is marked with an asterisk (*), referring to the quality of the oil, this means the following: - for lampante olive oil, it is possible for both the relevant limits to be different from the stated values at the same time, - for virgin olive oils, if at least one of these limits is different from the stated values, the category of the oil will be changed, although they will still be classified in one of the categories of virgin olive oil.

(d)	If a characteristic is marked with two asterisks (**), this means that for all types of olive-pomace oil, it is possible for both the relevant limits to be different from the stated values at the same time.

‘Appendix

Decision tree

Campesterol decision tree for virgin and extra virgin olive oils:

4,0 % < Campesterol ≤ 4,5 %

Stigmasterol ≤ 1,4 %

Δ-7-stigmastenol ≤ 0,3 %

The other parameters shall comply with the limits fixed in this Regulation.

Delta-7-stigmastenol decision tree for:

—	Extra virgin and virgin olive oils 0,5 % < Δ-7-stigmastenol ≤ 0,8 % Campesterol ≤ 3,3 % App. β-sitosterol/ (campest + Δ7stig) ≥ 25 Stigmasterol ≤ 1,4 % Δ ECN42 ≤ \|0,1\|

The other parameters shall comply with the limits fixed in this Regulation.

—	Olive-pomace oils (crude and refined 0,5 < Δ-7-stigmastenol ≤ 0,7 Δ ECN42 ≤ \|0,40\| Stigmasterol ≤ 1,4 % Rest of parameters inside limits

’

(1) Total isomers which could (or could not) be separated by capillary column.

(2) The olive oil has to be in conformity with the method set out in Annex XXa.

(3) This limit applies to olive oils produced as from 1st March 2014

(4) Oils with a wax content of between 300 mg/kg and 350 mg/kg are considered to be lampante olive oil if the total aliphatic alcohol content is less than or equal to 350 mg/kg or if the erythrodiol and uvaol content is less than or equal to 3,5 %.

(5) Or where the median of defect is above 3,5 or the median of defect is less than or equal to 3,5 and the fruity median is equal to 0.

(6) Oils with a wax content of between 300 mg/kg and 350 mg/kg are considered to be crude olive-pomace oil if the total aliphatic alcohol content is above 350 mg/kg and if the erythrodiol and uvaol content is greater than 3,5 %.

(7) Other fatty acids content (%): palmitic: 7,50-20,00; palmitoleic: 0,30-3,50; heptadecanoic: ≤ 0,30; heptadecenoic: ≤ 0,30; stearic: 0,50-5,00; oleic: 55,00-83,00; linoleic: 3,50-21,00.

(8) See the Appendix to this Annex.

(9) App β-sitosterol: Delta-5,23-stigmastadienol+chlerosterol+beta-sitosterol+sitostanol+delta-5-avenasterol+delta-5,24-stigmastadienol.

(10) Oils with a wax content of between 300 mg/kg and 350 mg/kg are considered to be lampante olive oil if the total aliphatic alcohol content is less than or equal to 350 mg/kg or if the erythrodiol and uvaol content is less than or equal to 3,5 %.

(11) Oils with a wax content of between 300 mg/kg and 350 mg/kg are considered to be crude olive-pomace oil if the total aliphatic alcohol content is above 350 mg/kg and if the erythrodiol and uvaol content is greater than 3,5 %.

ANNEX II

‘ANNEX Ia

SAMPLING OF OLIVE OIL OR OLIVE-POMACE OIL DELIVERED IN IMMEDIATE PACKAGING

This method of sampling is applied to batches of olive oil or olive-pomace oil put up in immediate packaging. Different sampling methods apply, depending on whether the immediate packaging exceeds 5 litres or not.

“Batch” shall mean a set of sales units which are produced, manufactured and packed in circumstances such that the oil contained in each sales unit 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 (1).

“Increment” shall mean the quantity of oil contained in an immediate package and taken from a random point of the batch.

1. CONTENT OF PRIMARY SAMPLE

1.1. Immediate packaging not exceeding 5 litres

“Primary Sample” for immediate packaging not exceeding 5 litres shall mean the number of increments taken from a batch and in agreement with Table 1.

Table 1

Primary sample minimum size must comprise the following

Where the immediate packaging has a capacity of

The primary sample must comprise the oil from

(a)	1 litre or more

(a)	1 immediate pack;

(b)	less than 1 litre

(b)	the minimum number of packs with a total capacity of at least 1,0 litre

The number of packs referred to in Table 1, which shall constitute a primary sample, can be increased by each Member State, according to their own needs (for example organoleptic assessment by a different laboratory from that which performed the chemical analyses, counter-analysis, etc.).

1.2. Immediate packaging exceeding 5 litres

“Primary Sample” for immediate packaging exceeding 5 litres shall mean a representative part of the total increments, obtained by a process of reduction and in agreement with Table 2. The primary sample must be composed of various examples.

“Example” of a primary sample shall mean each of the packages making up the primary sample.

Table 2

Minimum number of increments to be selected

Number of packages in the lot	Minimum number of increments to be selected
Up to 10	1
From … 11 to 150	2
From … 151 to 500	3
From … 501 to 1 500	4
From … 1 501 to 2 500	5
> 2 500 per 1 000 packages	1 extra increment

In order to reduce the volume of the sampling immediate packs, the content of the sampling increments is homogenised for the preparation of the primary sample. The portions of the different increments are 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 the minimum capacity of 1,0 liter, each one of which constitutes an example of the primary sample.

The number of primary samples can 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).

Each package 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 examples must be labeled to ensure correct identification.

2. ANALYSES AND RESULTS

2.1.

Each primary sample must be subdivided into laboratory samples, in accordance with point 2.5 of standard EN ISO 5555, and analysed according to the order shown in the decision tree set out in Annex Ib or in any other random order.

2.2.

Where all the results of the analyses comply with the characteristics of the category of oil declared, the whole batch is to be declared to comply.

If a single result of the analyses does not comply with the characteristics of the category of oil declared, the whole batch is to be declared non compliant.

3. VERIFICATION OF THE CATEGORY OF BATCH

3.1.

In order to verify the batch category, the competent authority may increase the number of primary samples taken at different points of the batch according to the following table:

Table 3

Number of primary samples determined by the size of batch

Size of batch (litres)	Number of primary samples
Less than 7 500	2
From 7 500 to less than 25 000	3
From 25 000 to less than 75 000	4
From 75 000 to less than 125 000	5
Equal to and more than 125 000	6 + 1 each 50 000 litres more

Each increment constituting a primary sample must be taken from a continuous place in the batch; it is necessary to take note of the location of each primary sample and to identify it unambiguously.

The formation of each primary sample must be carried out according to the procedures referred to in points 1.1 and 1.2.

Each primary sample is then subjected to the analyses referred to in Article 2(1).

3.2.

When one of the results of the analyses referred to in Article 2(1) of at least one primary sample does not comply with the characteristics of the declared category of oil, the whole sampling batch shall be declared non compliant.’

(1) Directive 2011/91/EU of the European Parliament and of the Council of 13 December 2011 on indications or marks identifying the lot to which a foodstuff belongs (OJ L 334, 16.12.2011, p. 1).

ANNEX III

‘ANNEX Ib

DECISION TREE FOR VERIFYING WHETHER AN OLIVE OIL SAMPLE IS CONSISTENT WITH THE CATEGORY DECLARED

Table 1

EXTRA VIRGIN OLIVE OIL

(quality criteria)

Acidity %

≤ 0,8

> 0,8

Peroxide value mEq O2/kg

≤ 20

> 20

UV spectrometry

K270 ≤ 0,22

K270 > 0,22

UV spectrometry

ΔK ≤ 0,01

ΔK > 0,01

UV spectrometry

K232 ≤ 2,50

K232 > 2,50

Organoleptic assessment

med. fruity > 0

and

med. defects = 0

med. fruity = 0

med. fruity > 0

and

med. defects > 0

Ethyl esters*

yes

Oil type as declared regarding quality criteria.

Go to Table 3. (purity criteria)

Oil not consistent with the declared category.

(a)

Oil not consistent with the declared category.

(b)

* ≤ 40 mg/kg in 2013/2014

≤ 35 mg/kg in 2014/2015

≤ 30 mg/kg from the 2015/2016 crop year

Table 2

Virgin olive oils

(Quality criteria)

Acidity %

≤ 2,0

> 2,0

Peroxide value mEq O2/kg

≤ 20

> 20

UV spectrometry

K270 ≤ 0,25

K270 > 0,25

UV spectrometry

Δ K ≤ 0,01

Δ K > 0,01

UV spectrometry

K232 ≤ 2,60

K232 > 2,60

Organoleptic assessment

Median of fruity > 0

and

Median of defects ≤ 3,5

Median of fruity = 0

median of defects > 0

median of defects > 3,5

Do the values of the above parameters fulfill the quality criteria of extra virgin olive oil?

(Table 1)

YES

Oil type as declared regarding quality criteria

Go to Table 3 (Purity criteria)

Oil not consistent with the declared category

(a)

Oil not consistent with the declared category

(b)

Table 3

Extra virgin and virgin olive oils

(Purity criteria)

Quality criteria (Tables 1 and 2)

YES

3,5-Stigmastadienes mg/kg

≤ 0,05

> 0,05

Trans isomers % of fatty acids

tC18:1 ≤ 0,05

t(C18:2 + C18:3) ≤ 0,05

tC18:1 > 0,05

t(C18:2 + C18:3) > 0,05

Fatty acids content

YES

Δ ECN42

≤ |0,2|

> |0,2|

Sterols composition and total sterols

YES

Erythrodiol + uvaol %

≤ 2,0

2,0 > E+U ≤ 4,5

> 4,5

Waxes1 mg/kg

≤ 150

> 150

Oil type consistent with the declared category

Oil not consistent with the declared category

(a)

Oil not consistent with the declared category

(b)

1C42+C44+C46

‘Appendix 1

Table of equivalence between the Annexes to this Regulation and the analyses specified in the decision tree

—

Acidity

Annex II

Determination of free fatty acids, cold method

—	Peroxide value

Annex III

Determination of peroxide value

—	UV spectrometry

Annex IX

Spectrophotometric analysis

—	Organoleptic assessment

Annex XII

Organoleptic assessment of virgin olive oil

—	Ethyl esters

Annex XX

Method for the determination of the content of waxes, fatty acid methyl esters and fatty acid ethyl esters by capillary gas chromatography

—	3,5-Stigmastadienes

Annex XVII

Method of determining stigmastadienes in vegetable oils

—	Trans isomers of fatty acids

Annex X A

and

Analysis by gas chromatography of methyl esters of fatty acids

Annex X B

Preparation of methyl esters of fatty acids

—	Fatty acids content

Annex X A

and

Analysis by gas chromatography of methyl esters of fatty acids

Annex X B

Preparation of methyl esters of fatty acids

—

ΔECN42

Annex XVIII

Determination of the composition of triglycerides with ECN42 (difference between the HPLC data and theoretical content)

—	Sterols composition and total sterols

—	Erythrodiol and Uvaol

Annex V

Determination of the composition and content of sterols and triterpene dialcohols by capillary-column gas chromatography

—

Waxes

Annex IV

Determination of wax content by capillary-column gas chromatography

—	Aliphatic alcohols

Annex XIX

Determination of aliphatic alcohols content by capillary-column gas chromatography

—