Article 1
1
Without prejudice to Regulation (EU) No 1169/2011 and Regulation (EU) No 1151/2012, this Regulation lays down specific standards for retail-stage marketing of the olive oils and olive-pomace oils referred to in points 1(a) and (b), 3 and 6 of Part 8 of Annex 7 to Regulation (EU) No 1308/2013.
2
For the purposes of this Regulation, retail stage means the sale to the final consumer of oil as referred to in paragraph 1, presented in the natural state or incorporated in a foodstuff.
3
In this Regulation:
a
‘appropriate authority’ means:
i
in relation to:
aa
England, the Secretary of State;
cc
Scotland, the Scottish Ministers;
dd
Wales, the Welsh Ministers, or
ii
the Secretary of State:
aa
in relation to Scotland, if consent is given by the Scottish Ministers;
b
‘constituent nation’ means England, Wales or Scotland, as the case may be;
c
a reference to a ‘country’ is to be read as including the British Overseas Territories.
Article 2
Oils as referred to in Article 1(1) shall be presented to the final consumer in packaging of a maximum capacity of 5 litres. Such packaging shall be fitted with an opening system that can no longer be sealed after the first time it is opened and , subject to the third subparagraph shall be labelled in accordance with Articles 3 to 6.
However, in the case of oils intended for consumption in restaurants, hospitals, canteens and other similar collective establishments, nothing in this Regulation prevents the appropriate authority from setting a maximum capacity exceeding 5 litres for packaging depending on the type of establishment concerned.
Oils as referred to in Article 1(1) which are labelled in accordance with this Regulation as it had effect immediately before IP completion day may:
b
be placed on the market until the end of the period
beginning with 30 September 2022 and ending with 31 December 2023
, and remain on the market until stocks are exhausted.
Article 3
Descriptions in accordance with Article 78(1) of Regulation (EU) 1308/2013 shall be considered as the name under which the product is sold as referred to in Article 9 of Regulation (EU) 1169/2011.
The labelling of oils as referred to in Article 1(1) shall bear, in clear and indelible lettering, in addition to the description referred to in the first paragraph of this Article, but not necessarily close to it, the following information on the category of oil:
1. extra virgin olive oil:
superior category olive oil obtained directly from olives and solely by mechanical means
;
2. virgin olive oil:
olive oil obtained directly from olives and solely by mechanical means
;
3. 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
;
4. olive-pomace oil:
  - oil comprising exclusively oils obtained by treating the product obtained after the extraction of olive oil and oils obtained directly from olives
,
or
  - oil comprising exclusively oils obtained by processing olive pomace and oils obtained directly from olives
.
Article 4
1
Extra virgin olive oil and virgin olive oil as defined in points 1(a) and (b) of Part 8 of Annex 7 to Regulation (EU) No 1308/2013 shall bear a designation of origin on the labelling.
Products defined in points 3 and 6 of Part 8 of Annex 7 to Regulation (EU) No 1308/2013 shall not bear any designation of origin on the labelling.
For the purposes of this Regulation, ‘designation of origin’ means reference to a geographical area on the packaging or the label attached to the packaging.
2
Designations of origin referred to in paragraph 1 shall only consist of:
a
in the case of olive oils originating, in accordance with the provisions of paragraphs 4 and 5, from one country, a reference to that country; 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 country:
i
a reference to the countries concerned, or
ii
the words ‘blend of olive oils from more than one country’ or similar; or
c
a protected designation of origin or a protected geographical indication referred to in Regulation (EU) No 1151/2012, in accordance with the provisions of the product specification concerned.
3
The names of brands or firms whose registration was applied for no later than 31 December 1998 under Directive 89/104/EEC or no later than 31 May 2002 under Council Regulation (EC) No 40/94 shall not be considered to be designations of origin covered by this Regulation.
4
In the case of import from another country, the designation of origin for the purposes of paragraph 1 is the country in which the mill where the oil was extracted from the olives is situated.
5
The designation of origin may also contain wording indicating the country in which the olives were harvested.
6
By way of derogation from paragraphs 2, 4 and 5, in relation to any country or countries each of which is a member of a block of countries to which a regional trade agreement applies, references to that country or countries in the designation of origin may be replaced by references to the name under which the block of countries is known pursuant to that regional trade agreement.
7
In this Article, ‘regional trade agreement’ means an agreement of the type to which Article 24(5) of the General Agreement on Tariffs and Trade 1994 applies.
Article 4a
Information on the special preservation conditions for oils subject to Article 1(1), namely that they must be stored away from light and heat, shall appear on their containers or on labels attached to them.
Article 4b
The mandatory particulars described in the first paragraph of Article 3 and, where applicable, those described in the first subparagraph of Article 4(1), shall be grouped together within the principal field of vision, as defined by Article 2(2)(l) of Regulation (EU) No 1169/2011 of the European Parliament and of the Council
, either on the same label or on several labels attached to the same container, or directly on the same container. Those mandatory particulars must each be shown in full and in a homogeneous body of text.
Article 5
Among the optional indications which may appear on the labelling of oil as referred to in Article 1(1), those laid down in this Article shall comply with the following respective requirements:
1. 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;
2. 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;
3. 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;
4. indication of the maximum acidity expected by the date of minimum durability referred to in Article 9(1)(f) of Regulation (EU) No 1169/2011 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, expected on the same date;
5. regarding oils subject to point 1(a) and (b) of
Part 8 of Annex 7 to Regulation (EU) No 1308/2013
, the harvesting year may be shown only if 100 % of the contents of the container come from that harvest.
For the purposes of this point, the harvesting year shall be indicated on the label either in the form of the relevant marketing year in accordance with Article 6(c)(iii) of Regulation (EU) No 1308/2013 or in the form of the month and the year of the harvest, in that order. The month shall correspond to the month of the extraction of the oil from the olives.
Products sold under trademarks whose registration was applied for no later than 1 March 2008 and which contain at least one of the terms referred to in point 3.3 of Annex XII to Regulation (EEC) No 2568/91 may not comply with the requirements of Article 5, first paragraph, point (c) of this Regulation until 1 November 2011.
Article 5a. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Article 6
1
Where the presence of oils as referred to in Article 1(1) in a blend of olive oil and other vegetable oils is highlighted on the labelling elsewhere than in the list of ingredients, using words, images or graphics, the blend concerned must bear the following trade description: ‘Blend of vegetable oils (or the specific names of the vegetable oils concerned) and olive oil’, directly followed by the percentage of olive oil in the blend.
The presence of olive oil may be highlighted by images or graphics on the labelling of a blend as referred to in the first subparagraph only where it accounts for more than 50 % of the blend concerned.
...
2
With the exception of solid foodstuffs preserved exclusively in olive oil, in particular the products referred to in Council Regulations (EEC) No 1536/92
and (EEC) No 2136/89
, where the presence of oils as referred to in Article 1(1) of this Regulation in a foodstuff, other than those referred to in paragraph 1 of this Article, is stated on the labelling elsewhere than in the list of ingredients, using words, images or graphics, the trade description of the foodstuff shall be directly followed by the percentage of olive oil as referred to in Article 1(1) of this Regulation relative to the total net weight of the foodstuff.
The percentage of added olive oil relative to the total net weight of the foodstuff may be replaced by the percentage of added olive oil relative to the total weight of fats, adding the words ‘percentage of fats’.
3
The descriptions referred to in the first paragraph of Article 3 can be replaced by the words ‘olive oil’ on the labelling of products referred to in paragraphs 1 and 2 of this Article.
However, where olive-pomace oil is present, the words ‘olive oil’ shall be replaced by the words ‘olive-pomace oil’.
4
The information referred to in the second paragraph of Article 3 is not required on the labelling of products referred to in paragraphs 1 and 2 of this Article.
Article 7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Article 8
1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2
The appropriate authority may take samples to verify the truth of the indications on the labelling concerned.
3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Article 8a
The appropriate authority
shall verify the accuracy of the labelling, in particular the conformity of the trade name of the product with the contents of the container, on the basis of risk analysis as referred to in Article 2a of Regulation (EEC) No 2568/91.
...
Article 9
1
Without prejudice to the penalties laid down in Regulation (EU) No 1308/2013 and in Article 3 of Regulation (EEC) No 2568/91, the appropriate authority must apply, in accordance with the legislation applying in the constituent nation concerned, effective, proportionate and dissuasive penalties if this Regulation is breached.
2
For the purpose of verifying indications as referred to in Articles 4, 5 and 6, the appropriate authority may introduce arrangements for approving establishments whose packaging facilities are situated in the constituent nation concerned.
Approval shall be granted and alphanumeric identification allocated to any establishment so requesting which meets the following conditions:
a
possesses packaging facilities;
b. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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 appropriate authority.
The label shall, where applicable, bear the alphanumeric identification of the approved packaging plant.
Article 10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Article 10a. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Article 11
Regulation (EC) No 1019/2002 is repealed.
References to the repealed Regulation shall be construed as references to this Regulation and shall be read in accordance with the correlation table in Annex II.
Article 12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
...
OJ L 11, 14.1.1994, p. 1.
Regulation (EU) No 1169/2011 of the European Parliament and of the Council of
25 October 2011
on the provision of food information to consumers, amending Regulations (EC) No 1924/2006 and (EC) No 1925/2006 of the European Parliament and of the Council, and repealing Commission Directive 87/250/EEC, Council Directive 90/496/EEC, Commission Directive 1999/10/EC, Directive 2000/13/EC of the European Parliament and of the Council, Commission Directives 2002/67/EC and 2008/5/EC and Commission Regulation (EC) No 608/2004 (
OJ L 304, 22.11.2011, p. 18
).
Council Regulation (EEC) No 1536/92 of
9 June 1992
laying down common marketing standards for preserved tuna and bonito (
OJ L 163, 17.6.1992, p. 1
).
Council Regulation (EEC) No 2136/89 of
21 June 1989
laying down common marketing standards for preserved sardines and trade descriptions for preserved sardines and sardine-type products (
OJ L 212, 22.7.1989, p. 79
).
Inserted by Commission Implementing Regulation (EU) No 1335/2013 of 13 December 2013 amending Implementing Regulation (EU) No 29/2012 on marketing standards for olive oil.
Substituted by Commission Delegated Regulation (EU) 2018/1096 of 22 May 2018 amending Implementing Regulation (EU) No 29/2012 as regards the requirements for certain indications on the labelling of olive oil.
Inserted by Commission Delegated Regulation (EU) 2018/1096 of 22 May 2018 amending Implementing Regulation (EU) No 29/2012 as regards the requirements for certain indications on the labelling of olive oil.
Substituted by Corrigendum to Commission Implementing Regulation (EU) No 29/2012 of 13 January 2012 on marketing standards for olive oil (Official Journal of the European Union L 12 of 14 January 2012).
Substituted by Commission Implementing Regulation (EU) No 1335/2013 of 13 December 2013 amending Implementing Regulation (EU) No 29/2012 on marketing standards for olive oil.
Words in Art. 1(1) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments etc.) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/1422), regs. 1, 7(2)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 1(1) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments etc.) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/1422), regs. 1, 7(2)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)
Art. 1(3) inserted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments etc.) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/1422), regs. 1, 7(2)(b) (as amended by S.I. 2020/1453, regs. 1(2)(b), 14(17)(a)); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 2 inserted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments etc.) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/1422), regs. 1, 7(3)(a); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 2 substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments etc.) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/1422), regs. 1, 7(3)(b); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 2 inserted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments etc.) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/1422), regs. 1, 7(3)(c) (as amended by S.I. 2020/1453, regs. 1(2)(b), 14(17)(b)); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 3 substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments etc.) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/1422), regs. 1, 7(4)(a); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 3 substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments etc.) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/1422), regs. 1, 7(4)(b); 2020 c. 1, Sch. 5 para. 1(1)
Art. 4(4)-(7) substituted for Art. 4(4)(5) (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments etc.) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/1422), regs. 1, 7(5)(c); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 4(2)(a) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments etc.) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/1422), regs. 1, 7(5)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)
Art. 4(2)(b) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments etc.) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/1422), regs. 1, 7(5)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 4(1) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments etc.) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/1422), regs. 1, 7(5)(a); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 4(2)(c) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments etc.) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/1422), regs. 1, 7(5)(b)(iii); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 5(e) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments etc.) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/1422), regs. 1, 7(6); 2020 c. 1, Sch. 5 para. 1(1)
Art. 5a omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments etc.) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/1422), regs. 1, 7(7); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 6(1) omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments etc.) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/1422), regs. 1, 7(8); 2020 c. 1, Sch. 5 para. 1(1)
Art. 7 omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments etc.) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/1422), regs. 1, 7(9); 2020 c. 1, Sch. 5 para. 1(1)
Art. 8(1) omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments etc.) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/1422), regs. 1, 7(10)(a); 2020 c. 1, Sch. 5 para. 1(1)
Art. 8(2) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments etc.) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/1422), regs. 1, 7(10)(b); 2020 c. 1, Sch. 5 para. 1(1)
Art. 8(3) omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments etc.) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/1422), regs. 1, 7(10)(c); 2020 c. 1, Sch. 5 para. 1(1)
Art. 8(4) omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments etc.) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/1422), regs. 1, 7(10)(c); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 8a omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments etc.) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/1422), regs. 1, 7(11)(b); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 8a substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments etc.) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/1422), regs. 1, 7(11)(a); 2020 c. 1, Sch. 5 para. 1(1)
Art. 9(1) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments etc.) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/1422), regs. 1, 7(12)(a); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 9(2) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments etc.) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/1422), regs. 1, 7(12)(b)(i)(aa); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 9(2) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments etc.) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/1422), regs. 1, 7(12)(b)(i)(bb); 2020 c. 1, Sch. 5 para. 1(1)
Art. 9(2)(b) omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments etc.) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/1422), regs. 1, 7(12)(b)(ii)(aa); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 9(2)(c) substituted (31.12.2020) by The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments etc.) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/1422), regs. 1, 7(12)(b)(ii)(bb); 2020 c. 1, Sch. 5 para. 1(1)
Art. 10 omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments etc.) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/1422), regs. 1, 7(13); 2020 c. 1, Sch. 5 para. 1(1)
Art. 10a omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments etc.) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/1422), regs. 1, 7(13); 2020 c. 1, Sch. 5 para. 1(1)
Art. 12 omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments etc.) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/1422), regs. 1, 7(13); 2020 c. 1, Sch. 5 para. 1(1)
Words in Signature omitted (31.12.2020) by virtue of The Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments etc.) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/1422), regs. 1, 7(14); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 2 substituted (E.) (30.9.2022) by The Food Information (Amendment of Transitional Provisions) (England) Regulations 2022 (S.I. 2022/938), regs. 1(1), 14; and words in Art. 2 substituted (W.) (30.9.2022) by The Food Information (Amendment of Transitional Provisions) (Wales) Regulations 2022 (S.I. 2022/939), regs. 1(2), 14; and words in Art. 2 substituted (S.) (30.9.2022) by The Food Information (Transitional Provisions) (Miscellaneous Amendments) (Scotland) Regulations 2022 (S.S.I. 2022/265), regs. 1(1), 5