14.1.2012   

EN

Official Journal of the European Union

L 12/1

(1)

Directive 97/78/EC provides that veterinary checks on products from third countries introduced into the Union are to be carried out by Member States in accordance with that Directive and with Regulation (EC) No 882/2004.

(2)

Regulation (EC) No 882/2004 lays down general rules for the performance of official controls to verify compliance with rules aiming, in particular, at preventing, eliminating or reducing to acceptable levels risks to humans and animals, either directly or through the environment.

(3)

Directive 2002/99/EC lays down the general animal health rules governing all stages of the production, processing and distribution within the Union and the introduction from third countries of products of animal origin and products obtained intended for human consumption.

(4)

Regulation (EC) No 853/2004 lays down specific rules on the hygiene of food of animal origin for food business operators. Article 6(4) of that Regulation provides that food business operators importing food containing both products of plant origin and processed products of animal origin (composite products) are to ensure that the processed products of animal origin contained in such food satisfy certain public health requirements laid down therein. In addition, Regulation (EC) No 853/2004 provides that food business operators must be able to demonstrate that they have done so, for example through appropriate documentation or certification.

(5)

Regulation (EC) No 853/2004 applies from 1 January 2006. However, the application of a number of measures laid down therein with immediate effect from that date would have presented practical difficulties in certain cases.

(6)

Commission Regulation (EC) No 2076/2005 (6) therefore provided that, by way of derogation from Article 6(4) of Regulation (EC) No 853/2004, food business operators importing food containing composite products were to be exempt from the obligation provided for in that Article.

(7)

Commission Regulation (EC) No 1162/2009 of 30 November 2009 laying down transitional measures for the implementation of Regulations (EC) No 853/2004, (EC) No 854/2004 and (EC) No 882/2004 of the European Parliament and of the Council (7) repealed and replaced Regulation (EC) No 2076/2005. Regulation (EC) No 1162/2009 contains the same derogation from Article 6(4) of Regulation (EC) No 853/2004 as did Regulation (EC) No 2076/2005.

(8)

In addition, Regulation (EC) No 1162/2009 provides that imports of composite products are to comply with the harmonised Union rules, where applicable, and with the national rules implemented by the Member States in other cases.

(9)

Regulation (EC) No 1162/2009 applies until 31 December 2013.

(10)

Commission Decision 2007/275/EC of 17 April 2007 concerning lists of animals and products to be subject to controls at border inspection posts under Council Directives 91/496/EEC and 97/78/EC (8) provides that certain composite products are to be subject to veterinary checks, when imported into the Union. Pursuant to that Decision, the composite products subjected to veterinary checks are all those containing processed meat products, those containing half or more of their substance of any one processed product of animal origin other than processed meat products and those containing no processed meat products and less than half of their substance of processed milk product where the final products do not meet certain requirements laid down in Decision 2007/275/EC.

(11)

In addition, Decision 2007/275/EC lays down certain certification requirements regarding the composite products subject to veterinary checks. It provides that composite products containing processed meat products are to be accompanied at introduction into the Union by the relevant certificate for meat products laid down in Union legislation. Composite products containing processed milk products, which are to be subjected to veterinary checks, are to be accompanied at introduction into the Union by the relevant certificate laid down in Union legislation. In addition, composite products containing only processed fishery or egg products which are to be subjected to veterinary checks are to be accompanied at introduction into the Union by the relevant certificate laid down in Union legislation or a commercial document where there is no certificate so required.

(12)

The composite products subjected to veterinary checks pursuant to Decision 2007/275/EC are, by their very nature, the ones that may present also a higher public health risk. The levels of potential public health risk vary depending on the product of animal origin which is included in the composite product, the percentage in which that product of animal origin is present in the composite product and the treatments applied to it as well as the shelf stability of the composite product.

(13)

It is therefore appropriate that the public health requirements laid down in Regulation (EC) No 853/2004 apply to those composite products even before the expiry of the derogation provided for in Regulation (EC) No 1162/2009.

(14)

In particular, the certification of compliance with public health requirements as laid down in Regulation (EC) No 853/2004 should be provided for in this Regulation for the importation of the composite products containing processed meat products, of those composite products containing half or more of their substance of milk products or of processed fishery or egg products and of those composite products containing no processed meat products and less than half of their substance of processed milk products where the final products are not shelf-stable at ambient temperature or where they have not clearly undergone in their manufacture a complete cooking or heat treatment process throughout their substance, so that any raw product is not denatured.

(15)

As a consequence, the derogation laid down in Regulation (EC) No 1162/2009 should no longer apply for those composite products.

(16)

The animal health requirements concerning those composite products are already laid down in Union legislation. Pursuant to those requirements, those composite products should in particular only be imported from approved third countries.

(17)

A specific model health certificate attesting that such composite products imported into the Union comply with those public and animal health requirements should be laid down in this Regulation. As a consequence, the certification requirements laid down in Decision 2007/275/EC should no longer apply for those composite products.

(18)

For the other composite products containing half or more of their substance of products of animal origin other than milk products or fishery or egg products, the certification requirements laid down in Decision 2007/275/EC should continue to apply. However, for reasons of simplification and clarity of Union legislation, it is appropriate to include those certification requirements in this Regulation, so that the main rules on the certification of composite products be laid down in only one act.

(19)

Decision 2007/275/EC and Regulation (EC) No 1162/2009 should therefore be amended accordingly.

(20)

Due to animal health reasons, a certificate and specific conditions for transit via the Union should be provided for. However these conditions should be applicable only to composite products containing processed meat products or processed dairy products.

(21)

Specific conditions for transit via the Union of consignments to and from Russia should be provided for, owing to the geographical situation of Kaliningrad, which only concerns Latvia, Lithuania and Poland.

(22)

To avoid any disruption of trade, the use of certificates issued in accordance with Decision 2007/275/EC prior to the date of application of this Regulation should be authorised for a transitional period.

(23)

The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,

(a)

composite products containing processed meat products, as referred to in Article 4(a) of Decision 2007/275/EC;

(b)

composite products containing processed milk products and covered by Article 4(b) and (c) of Decision 2007/275/EC;

(c)

composite products containing half or more of their substance of processed fishery or egg products and covered by Article 4(b) of Decision 2007/275/EC.

(a)

they come from a third country or part thereof authorised for the introduction into the Union of consignments of the products of animal origin contained in those composite products and comply with the appropriate treatment conditions for such products, as provided for in Commission Decision 2007/777/EC (9) and Commission Regulation (EU) No 605/2010 (10) for the product of animal origin concerned;

(b)

they are accompanied by a health certificate drawn up in accordance with the model health certificate set out in Annex II;

(c)

they comply with the specific animal health requirements for the importation into the Union of the products of animal origin contained in the composite products concerned, as set out in the animal health attestation in the model health certificate referred to in point (b);

(d)

they are certified as acceptable for transit, including for storage as appropriate, on the common veterinary entry document referred to in Article 2(1) of Commission Regulation (EC) No 136/2004 (11), signed by the official veterinarian of the border inspection post of introduction into the Union.

(a)

the consignment is sealed with a serially numbered seal at the border inspection post of introduction into the Union by the veterinary services of the competent authority;

(b)

the documents accompanying the consignment and referred to in Article 7 of Directive 97/78/EC are stamped ‘ONLY FOR TRANSIT TO RUSSIA VIA THE EU’ on each page by the official veterinarian of the competent authority responsible for the border inspection post of introduction into the Union;

(c)

the procedural requirements provided for in Article 11 of Directive 97/78/EC are complied with;

(d)

the consignment is certified as acceptable for transit on the common veterinary entry document by the official veterinarian of the border inspection post of introduction into the Union.

14.1.2012   

EN

Official Journal of the European Union

L 12/14

(1)

Commission Regulation (EC) No 1019/2002 of 13 June 2002 on marketing standards for olive oil (2) has been substantially amended several times (3). In the interests of clarity and rationality the said Regulation should be codified.

(2)

Olive oil has certain properties, in particular organoleptic and nutritional properties, which, taking into account its production costs, allow it access to a relatively high-price market compared with most other vegetable fats. In view of this market situation, marketing standards should be laid down for olive oil containing, in particular, specific labelling rules supplementing those laid down in Directive 2000/13/EC of the European Parliament and of the Council of 20 March 2000 on the approximation of the laws of the Member States relating to the labelling, presentation and advertising of foodstuffs (4), and in particular the rules laid down in Article 2 thereof.

(3)

To guarantee the authenticity of the olive oils sold, packaging for the retail trade should be small and have an adequate closing system. However, the Member States should be allowed to authorise larger packaging for collective establishments.

(4)

Besides the compulsory descriptions for the various categories of olive oil provided for in Article 118 of Regulation (EC) No 1234/2007, consumers should be informed about the types of olive oil offered.

(5)

As a result of agricultural traditions and local extraction and blending practices directly marketable virgin olive oils may be of quite different taste and quality depending on their geographical origin. This may result in price differences within the same category that disturb the market. There are no substantial differences linked to origin in other categories of edible olive oil, and so indicating the designation of origin on the immediate packaging of such oil may lead consumers to believe that quality differences do exist. In order not to distort the market in edible olive oils, an obligatory Union regime should therefore be established for designations of origin, which should be restricted to extra virgin and virgin olive oils which satisfy precise conditions. Optional arrangements implemented until 2009 proved not to be sufficient to avoid misleading consumers as to the real characteristics of virgin oils in this regard. In addition, 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 (5) established traceability rules, applicable since 1 January 2005. The experience gained by operators and administrations in this matter allowed making the labelling of the origin compulsory for extra virgin and virgin olive oil.

(6)

Existing trade marks including geographical references may continue to be used provided they have been officially registered in the past in accordance with the first Council Directive 89/104/EEC of 21 December 1988 to approximate the laws of the Member States relating to trade marks (6), or Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (7).

(7)

A regional designation of origin may be covered by a protected designation of origin (PDO) or a protected geographical indication (PGI) under Council Regulation (EC) No 510/2006 of 20 March 2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs (8). Designations indicating a regional origin should be reserved for PDOs or PGIs so as to avoid confusion among consumers potentially leading to market disturbances. In the case of imported olive oils, the rules on non-preferential origin provided for in Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code (9) must be complied with.

(8)

If the designation of origin of virgin olive oil refers to the Union or a Member State, it should be borne in mind that not only the olives used but also the extraction techniques and practices influence the quality and taste of the oil. The designation of origin must thus refer to the geographical area in which the olive oil was obtained, which is generally the area in which the oil was extracted from the olives. However, in certain cases the oil is extracted at a place that is not the same as that where the olives were harvested and this information should be stated on the packaging or labels attached to the packaging to ensure that consumers are not misled and the market in olive oil is not disturbed.

(9)

In the Union, 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.

(10)

Under Directive 2000/13/EC, indications shown on the labelling may not mislead the purchaser, particularly as to the characteristics of the olive oil concerned, or by attributing to it properties which it does not possess, or by suggesting that it possesses special characteristics when in fact most oils possess such characteristics. Certain commonly used, optional indications that are specific to olive oil also require harmonised rules to precisely define such claims and ensure that their accuracy can be verified. Accordingly, the concepts of ‘cold pressing’ and ‘cold extraction’ should correspond to a technically defined traditional production method. Certain terms describing the organoleptic characteristics referring to taste and/or smell of extra virgin and virgin olive oils have been 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. Reference to acidity in isolation wrongly suggests a scale of absolute quality which is misleading for consumers since this factor represents a qualitative value only in relation to the other characteristics of the olive oil concerned. Consequently, in view of the proliferation of certain indications and of their economic significance, objective criteria for their uses should be established in order to introduce clarity into the olive oil market.

(11)

Steps should be taken to ensure that foodstuffs containing olive oil do not take advantage of consumers by highlighting the reputation of olive oil without clearly specifying the real composition of the product. The percentage of olive oil and certain indications specific to products consisting exclusively of a blend of vegetable oils should therefore be clearly shown on the labelling. In addition, account should be taken of the special provisions laid down in certain regulations specific to olive oil products.

(12)

The names of the categories of olive oil correspond to physico-chemical and organoleptic characteristics which are set out in Annex XVI to Regulation (EC) No 1234/2007 and in 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 (10). All other indications appearing on the labelling should be corroborated by objective elements in order to ensure that consumers are not misled and that competition on the markets in the oils concerned is not distorted.

(13)

Within the framework of the system of checks laid down in Article 113(3), second subparagraph of Regulation (EC) No 1234/2007, the Member States should specify the evidence to be provided and the financial penalties incurred in the case of the different terms that can be used on labelling. Without ruling out any possibilities a priori, such evidence could include established facts, results of analyses or reliable recordings, and administrative or accounting information.

(14)

Since checks on undertakings responsible for labelling 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 marketed.

(15)

In order to evaluate the arrangements provided for in this Regulation, the Member States concerned should report on the circumstances and difficulties encountered.

(16)

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

(a)

extra virgin olive oil:

‘superior category olive oil obtained directly from olives and solely by mechanical means’;

(b)

virgin olive oil:

‘olive oil obtained directly from olives and solely by mechanical means’;

(c)

olive oil composed of refined olive oils and virgin olive oils:

‘oil comprising exclusively olive oils that have undergone refining and oils obtained directly from olives’;

(d)

olive-pomace oil:

(a)

in the case of olive oils originating, in accordance with the provisions of paragraphs 4 and 5, from one Member State or third country, a reference to the Member State, to the Union or to the third country, as appropriate; or

(b)

in the case of blends of olive oils originating, in accordance with the provisions of paragraphs 4 and 5, from more than one Member State or third country, one of the following mentions, as appropriate:

(c)

a protected designation of origin or a protected geographical indication referred to in Regulation (EC) No 510/2006, in accordance with the provisions of the product specification concerned.

(a)

the indication ‘first cold pressing’ may appear only for extra virgin or virgin olive oils obtained at a temperature below 27 °C from a first mechanical pressing of the olive paste by a traditional extraction system using hydraulic presses;

(b)

the indication ‘cold extraction’ may appear only for extra virgin or virgin olive oils obtained at a temperature below 27 °C by percolation or centrifugation of the olive paste;

(c)

indications of organoleptic properties referring to taste and/or smell may appear only for extra virgin or virgin olive oils; the terms referred to in point 3.3 of Annex XII to Regulation (EEC) No 2568/91 may appear on the labelling only if they are based on the results of an assessment carried out following the method provided for in that Annex;

(d)

indication of the acidity or maximum acidity may appear only if it is accompanied by an indication, in lettering of the same size and in the same visual field, of the peroxide value, the wax content and the ultraviolet absorption, determined in accordance with Regulation (EEC) No 2568/91.

(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/or national rules.

(a)

the competent Commission departments;

(b)

an operators’ organisation in that Member State referred to in Article 125 of Regulation (EC) No 1234/2007;

(c)

the control body of another Member State.

(a)

the date of sampling or purchase of the oil in question;

(b)

the name or business name and address of the undertaking where the sample was taken or where the oil concerned was purchased;

(c)

the number of batches concerned;

(d)

a copy of all labels appearing on the packaging of the oil concerned;

(e)

the results of analysis or of the other comparative expert opinions indicating the methods used and the name and address of the laboratory or expert concerned;

(f)

where applicable, the name of the supplier of the oil in question as declared by the marketing outlet.

(a)

possesses packaging facilities;

(b)

undertakes to collect and keep the supporting documentation required by the Member State under Article 7;

(c)

has a storage system which makes it possible to check the provenance of oils bearing a designation of origin, to the satisfaction of the Member State concerned.

(a)

requests for verifications received in accordance with Article 8(2);

(b)

verifications undertaken and those commenced in previous marketing years and still underway;

(c)

the follow-up to the verifications carried out and the penalties applied.

14.1.2012   

EN

Official Journal of the European Union

L 12/22

(1)

Implementing Regulation (EU) No 543/2011 lays down, pursuant to the outcome of the Uruguay Round multilateral trade negotiations, the criteria whereby the Commission fixes the standard values for imports from third countries, in respect of the products and periods stipulated in Annex XVI, Part A thereto.

(2)

The standard import value is calculated each working day, in accordance with Article 136(1) of Implementing Regulation (EU) No 543/2011, taking into account variable daily data. Therefore this Regulation should enter into force on the day of its publication in the Official Journal of the European Union,

14.1.2012   

EN

Official Journal of the European Union

L 12/24

(1)

Article 136(1) of Regulation (EC) No 1234/2007 states that the import duty on products covered by CN codes 1001 19 00, 1001 11 00, ex 1001 91 20 (common wheat seed), ex 1001 99 00 (high quality common wheat other than for sowing), 1002 10 00, 1002 90 00, 1005 10 90, 1005 90 00, 1007 10 90 and 1007 90 00 is to be equal to the intervention price valid for such products on importation and increased by 55 %, minus the cif import price applicable to the consignment in question. However, that duty may not exceed the rate of duty in the Common Customs Tariff.

(2)

Article 136(2) of Regulation (EC) No 1234/2007 lays down that, in order to calculate the import duty referred to in paragraph 1 of that Article, representative cif import prices are to be established on a regular basis for the products in question.

(3)

Under Article 2(2) of Regulation (EU) No 642/2010, the price to be used for the calculation of the import duty on products covered by CN codes 1001 19 00, 1001 11 00, ex 1001 91 20 (common wheat seed), ex 1001 99 00 (high quality common wheat other than for sowing), 1002 10 00, 1002 90 00, 1005 10 90, 1005 90 00, 1007 10 90 and 1007 90 00 is the daily cif representative import price determined as specified in Article 5 of that Regulation.

(4)

Import duties should be fixed for the period from 16 January 2012 and should apply until new import duties are fixed and enter into force.

(5)

Given the need to ensure that this measure applies as soon as possible after the updated data have been made available, this Regulation should enter into force on the day of its publication,