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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

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), points (b) and (c), and Article 91, points (b), (d) and (g), thereof,

Whereas:

  1. Regulation (EU) No 1308/2013 repealed and replaced Council Regulation (EC) No 1234/2007(2). Regulation (EU) No 1308/2013 lays down rules on marketing standards for olive oil and empowers the Commission to adopt delegated and implementing acts in that respect. In order to ensure the smooth functioning of the olive oil market in the new legal framework, certain rules have to be adopted by means of such acts.

  2. The experience acquired over the last decade from the implementation of the Union marketing standards for olive oil and from the implementation of conformity checks shows that the regulatory framework needs to be simplified and clarified. Similar and complementary requirements should be revised to avoid duplications and potential inconsistencies.

  3. Member States should carry out conformity checks aimed to verify whether products referred to in Part VII of Annex VIII to Regulation (EU) No 1308/2013 conform to the rules laid down in Commission Delegated Regulation (EU) 2022/2104(3), and in particular on the conformity of the label with the contents of the container. Introducing minimum control requirements for all Member States should also help to combat fraud. While Member States are best placed to identify and decide which authorities should be responsible for the application of this Regulation, they should inform the Commission of such competent authorities, to ensure appropriate communication with other Member States’ respective authorities and with the Commission.

  4. Member States should be required to submit an annual report to the Commission with information on conformity checks carried out during the previous year, in order to ensure uniform conditions for the implementation of this Regulation. To facilitate the collection and transmission of comparable data, the subsequent compilation of such data into Union-wide statistics and the preparation of reports by the Commission on conformity checks across the Union, a standard model form should be provided for annual reports.

  5. In order to verify that olive oil complies with the rules laid down in Delegated Regulation (EU) 2022/2104 and maximise the protection of consumers, competent authorities should carry out conformity checks based on a risk analysis.

  6. Since checks on operators responsible for producing or first placing olive oil on the market 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 produced and marketed.

  7. Within the framework of the checks the Member States should specify the evidence to be provided for the different terms that can be used on the label. Such evidence should include established facts, results of analyses or reliable recordings, and administrative or accounting information.

  8. Member States should be allowed to approve packaging plants situated on their territory, in order to facilitate the check of the conformity of the product with the mandatory and optional particulars written on the label, in accordance with Delegated Regulation (EU) 2022/2104.

  9. The characteristics of the different types of olive oil should be determined uniformly throughout the Union. To that end, Union legislation should specify which methods of chemical analysis and organoleptic evaluation should be used. As the Union is a member of the International Olive Council (‘IOC’), the methods to be used when performing conformity checks should be those established by the IOC.

  10. In order to ensure uniformity in the sampling for conformity checks, the method of sampling of olive oil should be set out. In order to ensure that analyses are carried out in the correct conditions and in view of the distances between regions, different time limits should be set for sending samples to the laboratory after sampling.

  11. Member States should verify the compliance of olive oil placed on the Union market with the characteristics set out in Delegated Regulation (EU) 2022/2104. As regards the classification of oils, the test results should be compared with the limits set in that Regulation, which take into account the repeatability and reproducibility of the analysis methods used.

  12. The IOC method for the evaluation of the organoleptic characteristics of virgin olive oils includes the setting up of panels of selected and trained tasters. In order to ensure uniformity in the implementation, minimum requirements for the approval of panels should be set out. In view of the difficulties that some Member States encounter in setting up tasting panels, the use of panels in other Member States should be authorised.

  13. The use of the IOC method for the evaluation of the organoleptic characteristics of virgin olive oils requires that a procedure be available for dealing with cases of discrepancy between the category declared and that assigned by the tasting panel.

  14. In order to ensure that the system of levies applicable to imports of olive cake and residues functions correctly, a single method for the determination of the oil content of these products should be laid down.

  15. Member States should lay down penalties for the non-compliances found at national level with the marketing standards for olive oil. Those penalties should be effective, proportionate and dissuasive.

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

HAS ADOPTED THIS REGULATION:

Article 1 Scope

This Regulation lays down rules on:

  1. 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;

  2. the cooperation and assistance between competent authorities with regard to the conformity checks referred to in point (a);

  3. the records to be kept by operators who produce or hold olive oil and the approval of packaging plants;

  4. the methods of analysis for determining the characteristics of olive oil.

Article 2 Obligations of Member States concerning conformity checks

1.

Member States shall carry out conformity checks on olive oil to verify the implementation of the marketing standards laid down in Commission Delegated Regulation (EU) 2022/2104 on the basis of a risk analysis referred to in Article 3.

2.

Member States shall verify that operators comply with their obligations under Article 5(1).

3.

Each Member State shall notify the Commission, in accordance with Commission Delegated Regulation (EU) 2017/1183(4) of the name and address of the authority or authorities competent to perform conformity checks in accordance with this Regulation. The Commission shall inform the other Member States and, on request, any interested party of those competent authorities. Member States shall inform the Commission about any changes as they occur.

Article 3 Frequency of conformity checks and risk analysis

1.

For the purposes of this Article, ‘olive oil marketed’ means the total quantity of olive oil that is made available on the market in a Member State and exported from that Member State.

2.

Member States shall carry out at least one conformity check per year per thousand tonnes of olive oil marketed on their territory.

3.

Member States shall ensure that conformity checks are carried out selectively, based on a risk analysis, and with appropriate frequency, to verify that the olive oil marketed corresponds to the category declared.

4.

The criteria to assess the risk are in particular:

  1. 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;

  2. 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;

  3. 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;

  4. the reliability of operators’ quality assurance systems or self-checking systems related to the conformity with marketing standards;

  5. 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;

  6. any other information that might indicate a risk of non-compliance.

5.

Member States shall lay down in advance:

  1. the criteria for assessing the risk of non-conformity of lots;

  2. 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.

6.

Where checks reveal significant irregularities, Member States shall increase the frequency of checks in relation to marketing stage, oil category, origin, or other criteria.

Article 4 Cooperation between Member States with regard to conformity checks

1.

If any irregularity is detected and the operator shown on the label is established in another Member State, the Member State concerned shall make a request for verification in accordance with Commission Implementing Regulation (EU) 2019/1715(5) to the Member State in which the operator appearing on the label is established.

2.

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:

  1. the date of sampling or purchase of the olive oil in question;

  2. the name or business name and address of the operator where the sample was taken or where the olive oil concerned was purchased;

  3. the number of batches concerned;

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

  5. 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;

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

3.

In addition to the requirements laid down in Article 22 of Implementing Regulation (EU) 2019/1715, the Member State to which the request is addressed, shall take samples at the latest before the end of the month following that of the request and verify the indications on the labelling concerned. It shall respond within 3 months from the date of the request.

Article 5 Obligations of operators

Article 6 Optional approval of packaging plants at national level

Article 7 Methods of analysis used for determining the characteristics of olive oils

Article 8 Sampling for conformity checks

Article 9 Verification of the characteristics of olive oils

Article 10 Tasting panels

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

Article 15 Entry into force

ANNEX IMETHODS OF ANALYSIS USED FOR DETERMINING THE CHARACTERISTICS OF OLIVE OILS

ANNEX II

ANNEX III

ANNEX IV

ANNEX V