The Olive Oil (Marketing Standards) (Amendment) Regulations 2004

Explanatory Note

(This note is not part of the Regulations)

These Regulations which amend the Olive Oil (Marketing Standards) Regulations 2003 (“the 2003 Regulations”), apply to Great Britain and come into force on 1st November 2004, except for regulation 2(b) and (c) which comes into force on 1st November 2005.

The 2003 Regulations provide for the application of Article 35 of Regulation No. 136/66/EEC of the Council on the establishment of a common organisation of the market in oils and fats (“Regulation 136/66”) (OJ No. 172, 30.9.66, p. 3025); and Commission Regulation (EC) No. 1019/2002 on marketing standards for olive oil (“Regulation 1019/2002”) (OJ No. 155, 14.6.2002, p. 27).

These Regulations update the references in the 2003 Regulations to —

(a) Regulation 136/66, so as to provide for amendments of that Regulation up to and including those effected by Council Regulation (EC) No. 865/2004 on the common organisation of the market in olive oil and table olives and amending Regulation (EEC) No 827/68 (“Regulation 865/2004”)(OJ No.206, 9.6.2004, p. 37);

(b) Commission Regulation (EEC) No. 2568/91 on the characteristics of olive oil and olive-residue oil and on the relevant methods of analysis (“Regulation 2568/91”)(OJ No. 248, 5.9.91, p.1), so as to provide for amendments of that Regulation up to and including those effected by Commission Regulation (EC) No. 1989/2003 amending Regulation (EEC) No. 2568/91 on the characteristics of olive oil and olive-pomace oil and on the relevant methods of analysis (“Regulation 1989/2003”)(OJ No. 295, 13.11.2003, p.57); and

(c) Regulation 1019/2002, so as to provide for amendments of that Regulation up to and including those effected by Commission Regulation (EC) No. 1750/2004 amending Regulation (EC) No. 1019/2002 (“Regulation 1750/2004”)(OJ No. 312, 9.10.2004, p.7).

The effect of these amendments is as follows:

(a) Regulation 865/2004 both amends (from 1^st November 2004), and repeals (from 1^st November 2005), Regulation 136/66. The amendments are not relevant to the 2003 Regulations. Following repeal, the new marketing standards provisions in articles 4.1 and 4.2 of Regulation 865/2004 will be substantially unchanged from those in article 35 of Regulation 136/66 which they replace;

(b) Regulation 1989/2003 amends Regulation 2568/91 to adjust the physical, chemical and organoleptic characteristics required in olive and olive-pomace oil, and to change the methods of assessing those characteristics; and

(c) Regulation 1750/2004 postpones the date of application of article 5(c) of Regulation 1019/2002, (which limits the indication of organoleptic properties of virgin olive oil on the labelling), to 1^st July 2006.

These Regulations also insert a definition of Regulation 865/2004 into regulation 2 of the 2003 Regulations, and correct an error in regulation 8 of the 2003 Regulations to replace the reference to “the statutory maximum” with the words “level 5 on the standard scale”.

A full Regulatory Impact Assessment has not been prepared for this instrument as it has no impact on the costs of business.