Adjustments to conformity checks and marketing standards for olive oil
Amending Regulation to Implementing Regulation (EU) 2022/2105 planned
Aug. 2024. With the initiative to adapt the conformity checks and marketing standards for olive oil[1], the European Commission aims to align the EU marketing standards for olive oil with the amendments to the marketing standards for olive oil and olive-pomace oil recently adopted by the International Olive Council[2]. At the same time, it clarifies the rules for the analysis of the organoleptic characteristics of olive oil and the sampling procedure for conformity checks. An amending regulation is planned for the fourth quarter of 2024 and will come into force immediately.
Background to the planned adjustments:
Table A of Annex I of the Delegated Regulation (EU) 2022/2104[3] regulates the "median defect" parameter for virgin olive oils, this parameter is decisive for the olive oil category. Organoleptic defects can occur during production, as well as during storage or transportation. The various member states should therefore agree on how organoleptic defects are to be identified. This requires a standardised test with a defined procedure and criteria. If a panel does not confirm the category stated on the label, the responsible market participant has the right to request a counter-analysis. At least one of the two groups of testers must be based in the member state from which the distributor originates.
As the authorities of the various member states interpret the conformity checks differently, the sampling methodology needs to be specified. Consequently, adjustments and additions are to be made to Regulation (EU) 2022/2105[4] in order to standardise sampling and conformity checks.
Planned amendments to Regulation (EU) 2022/2105:
The following paragraph is to be added to Article 4: "Where a sample of extra virgin olive oil does not comply with the limit for the mean organoleptic defect set out in Table A of Annex I to Delegated Regulation (EU) 2022/2104, the Member States concerned shall notify this as a non-compliance in accordance with Article 16 of Implementing Regulation (EU) 2019/1715, unless the national authorities suspect that undertakings or individuals are acting intentionally to deceive purchasers and to obtain an undue advantage."
In Article 11, § 2 is amended as follows: In the case of a counter-analysis (based on a sensory unconfirmed declared category), at least one of the tester groups must previously come from the producer's country. In the future, the group of testers should be from the country of the distributor.
Formal changes in the Annexes to Regulation (EU) 2022/2104:
The following formal changes are to be made to the annexes:
- In Annex I, line 7, "methyl ester" is removed from the description of the IOR method to be used.
- In Table 1 under paragraph 1.1. the minimum size of a single sample for packages of 750 ml or more is to be adjusted to "at least one package" instead of "one package" as previously.
- Paragraph 2.1. has been shortened, examples of the need to increase the number of incremental samples should be removed.
- In the introductory sentence of paragraph 2.2, the reason for the possible increase of the lot by the authority is added, if the homogeneity of the lot cannot be checked otherwise.
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Relevant sources
[1] European Commission: Olive oil marketing standards – revision of conformity checks
[2] International Olive Oil Council: IOC Standards, Methods and Guides
[3] Commission Delegated Regulation (EU) 2022/2104
[4] Commission Implementing Regulation (EU) 2022/2105
