LegalizeCommission Delegated Regulation (EU) 2022/2104 of 29 July 2022 supplementing Regulation (EU) No 1308/2013 of the European Parliament and of the Council as regards marketing standards for olive oil, and repealing Commission Regulation (EEC) No 2568/91 and Commission Implementing Regulation (EU) No 29/2012
Article 1
Scope
This Regulation lays down rules:
(a) on the characteristics of the olive oils referred to in Part VIII, points 1 to 6, of Annex VII to Regulation (EU) No 1308/2013;
(b) on specific marketing standards for the olive oils referred to in Part VIII, points 1(a) and (b) and points 3 and 6, of Annex VII to Regulation (EU) No 1308/2013, when sold to the final consumer, presented in the natural state or in a foodstuff.
Article 2
Categories of olive oil
Olive oils which comply with the characteristics set out:
(a) in point 1 of Tables A and B of Annex I to this Regulation shall be deemed to be extra virgin olive oil within the meaning of Part VIII, point 1(a), of Annex VII to Regulation (EU) No 1308/2013;
(b) in point 2 of Tables A and B of Annex I to this Regulation shall be deemed to be virgin olive oil within the meaning of Part VIII, point 1(b), of Annex VII to Regulation (EU) No 1308/2013;
(c) in point 3 of Tables A and B of Annex I to this Regulation shall be deemed to be lampante olive oil within the meaning of Part VIII, point 1(c), of Annex VII to Regulation (EU) No 1308/2013;
(d) in point 4 of Tables A and B of Annex I to this Regulation shall be deemed to be refined olive oil within the meaning of Part VIII, point 2, of Annex VII to Regulation (EU) No 1308/2013;
(e) in point 5 of Tables A and B of Annex I to this Regulation shall be deemed to be olive oil composed of refined olive oils and virgin olive oils within the meaning of Part VIII, point 3, of Annex VII to Regulation (EU) No 1308/2013;
(f) in point 6 of Tables A and B of Annex I to this Regulation shall be deemed to be crude olive-pomace oil within the meaning of Part VIII, point 4, of Annex VII to Regulation (EU) No 1308/2013;
(g) in point 7 of Tables A and B of Annex I to this Regulation shall be deemed to be refined olive-pomace oil within the meaning of Part VIII, point 5, of Annex VII to Regulation (EU) No 1308/2013;
(h) in point 8 of Tables A and B of Annex I to this Regulation shall be deemed to be olive-pomace oil within the meaning of Part VIII, point 6, of Annex VII to Regulation (EU) No 1308/2013.
Article 3
Blends and olive oil in other foodstuffs
Article 4
Packaging
Article 5
Labelling
Article 6
Legal name and labelling of category of oils
The label of those oils shall bear, in clear and indelible marking, in addition to the description referred to in paragraph 1, but not necessarily close to it, the following information on the category of oil:
(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: (i) ‘oil comprising exclusively oils obtained by treating the product obtained after the extraction of olive oil and oils obtained directly from olives’; or (ii) ‘oil comprising exclusively oils obtained by processing olive pomace and oils obtained directly from olives’.
Article 7
Special storage conditions
Information on the special storage conditions for oils referred to in Article 1, point (b), namely that they must be stored away from light and heat, shall appear on their containers or on the labels attached to them.
Article 8
Place of origin
The place of origin referred to in paragraph 1 shall only consist of:
(a) in the case of olive oils originating, in accordance with paragraphs 6 and 7, from one Member State or third country, a reference to that Member State, the Union or the third country, as appropriate; or
(b) in the case of blends of olive oils originating, in accordance with paragraphs 6 and 7, from more than one Member State or third country, one of the following indications, as appropriate: (i) ‘blend of olive oils of European Union origin’ or a reference to the Union; (ii) ‘blend of olive oils not of European Union origin’ or a reference to origin outside the Union; (iii) ‘blend of olive oils of European Union origin and not of European Union origin’ or a reference to origin within the Union and outside the Union; or
(c) a protected designation of origin or a protected geographical indication in accordance with Regulation (EU) No 1151/2012.
Article 9
Packaging plant number
For oils referred to in Article 1, point (b), the label shall, where applicable, bear the alphanumeric identification of the packaging plant approved in accordance with Article 6 of Commission Implementing Regulation (EU) 2022/2105.
Article 10
Optional reserved terms
The following conditions shall apply for the use of optional reserved terms within the meaning of Annex IX to Regulation (EU) No 1308/2013, which may appear on the label of oils referred to in Article 1, point (b), of this Regulation:
(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 characteristics referring to taste or smell may appear only for extra virgin and virgin olive oils. Only the organoleptic characteristics as defined in Annex IX to Regulation (EU) No 1308/2013 may appear on the label and only if they are based on an assessment carried out following the method referred to in Annex I, point 5, of Commission Implementing Regulation (EU) 2022/2105. The definitions and ranges of results, which allow for indication of these organoleptic characteristics, are set out in Annex II to this Regulation;
(d) the indication of the maximum acidity expected by the date of minimum durability referred to in Article 9(1), point (f), of Regulation (EU) No 1169/2011 may appear only if it is accompanied by an indication, in marking of the same size and in the same visual field, of the maximum values for peroxide, wax content and ultraviolet absorption, determined in accordance with Commission Implementing Regulation (EU) 2022/2105, expected by the same date.
Article 11
Indication of the harvesting year
Article 12
Indication of the presence of olive oil outside the list of ingredients in blends and foodstuffs
However, where olive-pomace oil is present, the words ‘olive oil’ shall be replaced by the words ‘olive-pomace oil’.
Article 13
Repeals
Regulation (EEC) No 2568/91 and Implementing Regulation (EU) No 29/2012 are repealed.
References to the repealed Regulations shall be construed as references to this Regulation and to Commission Implementing Regulation (EU) 2022/2105 and shall be read in accordance with the correlation table in Annex III to this Regulation.
Article 14
Entry into force
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
ANNEX I
A. Quality characteristics
| Category | Acidity (%)(*) | Peroxide value (mEq O2/kg) | K232 | K268 or K270 | ΔΚ | Organoleptic characteristics | Fatty acid ethyl esters (mg/kg) | |
|---|---|---|---|---|---|---|---|---|
| Median of defect (Md)(*) (1) | Fruity median (Mf) (2) | |||||||
| 1. Extra virgin olive oil | ≤ 0,80 | ≤ 20,0 | ≤ 2,50 | ≤ 0,22 | ≤ 0,01 | Md = 0,0 | Mf > 0,0 | ≤ 35 |
| 2. Virgin olive oil | ≤ 2,0 | ≤ 20,0 | ≤ 2,60 | ≤ 0,25 | ≤ 0,01 | Md ≤ 3,5 | Mf > 0,0 | — |
| 3. Lampante olive oil | > 2,0 | — | — | — | — | Md > 3,5 (3) | — | — |
| 4. Refined olive oil | ≤ 0,30 | ≤ 5,0 | — | ≤ 1,25 | ≤ 0,16 | — | — | |
| 5. Olive oil composed of refined olive oil and virgin olive oils | ≤ 1,00 | ≤ 15,0 | — | ≤ 1,15 | ≤ 0,15 | — | — | |
| 6. Crude olive-pomace oil | — | — | — | — | — | — | — | |
| 7. Refined olive-pomace oil | ≤ 0,30 | ≤ 5,0 | — | ≤ 2,00 | ≤ 0,20 | — | — | |
| 8. Olive-pomace oil | ≤ 1,00 | ≤ 15,0 | — | ≤ 1,70 | ≤ 0,18 | — | — | |
| (1) The median of the defects is defined as the median of the defect perceived with the greatest intensity. (2) When the median of the bitter and/or pungent attribute is more than 5,0, the panel leader shall report this. (3) The median of defect may be less than or equal to 3,5 when the fruity median is equal to 0,0. |
B. Purity characteristics
| Category | Fatty acid composition (1) | Total transoleic isomers (%) | Total trans- linoleic + trans-linolenic isomers (%) | Stigmasta- dienes (mg/kg) (2) | ΔΕCN42 | 2-glyceryl monopalmitate (%) | |||||
|---|---|---|---|---|---|---|---|---|---|---|---|
| Myristic (%) | Linolenic (%) | Arachidic (%) | Eicosenoic (%) | Behenic (%) | Lignoceric (%) | ||||||
| 1. Extra virgin olive oil | ≤ 0,03 | ≤ 1,00 (3) | ≤ 0,60 | ≤ 0,50 | ≤ 0,20 | ≤ 0,20 | ≤ 0,05 | ≤ 0,05 | ≤ 0,05 | ≤ | 0,20 |
| ≤ 1,0 if total palmitic acid % > 14,00 % | |||||||||||
| 2. Virgin olive oil | ≤ 0,03 | ≤ 1,00 (3) | ≤ 0,60 | ≤ 0,50 | ≤ 0,20 | ≤ 0,20 | ≤ 0,05 | ≤ 0,05 | ≤ 0,05 | ≤ | 0,20 |
| ≤ 1,0 if total palmitic acid % > 14,00 % | |||||||||||
| 3. Lampante olive oil | ≤ 0,03 | ≤ 1,00 | ≤ 0,60 | ≤ 0,50 | ≤ 0,20 | ≤ 0,20 | ≤ 0,10 | ≤ 0,10 | ≤ 0,50 | ≤ | 0,30 |
| ≤ 1,1 if total palmitic acid % > 14,00 % | |||||||||||
| 4. Refined olive oil | ≤ 0,03 | ≤ 1,00 | ≤ 0,60 | ≤ 0,50 | ≤ 0,20 | ≤ 0,20 | ≤ 0,20 | ≤ 0,30 | — | ≤ | 0,30 |
| ≤ 1,1 if total palmitic acid% > 14,00 % | |||||||||||
| 5. Olive oil composed of refined olive oil and virgin olive oils | ≤ 0,03 | ≤ 1,00 | ≤ 0,60 | ≤ 0,50 | ≤ 0,20 | ≤ 0,20 | ≤ 0,20 | ≤ 0,30 | — | ≤ | 0,30 |
| ≤ 1,0 if total palmitic acid% > 14,00 % | |||||||||||
| 6. Crude olive-pomace oil | ≤ 0,03 | ≤ 1,00 | ≤ 0,60 | ≤ 0,50 | ≤ 0,30 | ≤ 0,20 | ≤ 0,20 | ≤ 0,10 | — | ≤ | 0,60 |
| 7. Refined olive-pomace oil | ≤ 0,03 | ≤ 1,00 | ≤ 0,60 | ≤ 0,50 | ≤ 0,30 | ≤ 0,20 | ≤ 0,40 | ≤ 0,35 | — | ≤ | 0,50 |
| 8. Olive-pomace oil | ≤ 0,03 | ≤ 1,00 | ≤ 0,60 | ≤ 0,50 | ≤ 0,30 | ≤ 0,20 | ≤ 0,40 | ≤ 0,35 | — | ≤ | 0,50 |
| (1) Other fatty acids content (%): palmitic: 7,00-20,00; palmitoleic: 0,30-3,50; heptadecanoic: ≤ 0,40; heptadecenoic ≤ 0,60; stearic: 0,50-5,00; oleic: 55,00-85,00; linoleic: 2,50-21,00. (2) Total isomers which could (or could not) be separated by capillary column. (3) When the linolenic acid is more than 1,00 but less than or equal 1,40, the ratio apparent β-sitosterol/campesterol has to be greater than or equal to 24. |
Table B continued
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