Commission 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

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.

1 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.

2 The characteristics of olive oils laid down in Annex I shall be determined in accordance with Commission Implementing Regulation (EU) 2022/2105.

1 Only oils referred to in Article 1, point (b), may be part of blends of olive oil and other vegetable oils.

2 Only oils referred to in Article 1, point (b), may be incorporated in other foodstuffs.

3 Member States may prohibit the production on their territory of blends of olive oil and other vegetable oils referred to in paragraph 1 for internal consumption. However, they may not prohibit the marketing on their territory of such blends coming from other countries and they may not prohibit the production on their territory of such blends for marketing in another Member State or for exportation.

1 Oils referred to in Article 1, point (b), shall be presented to the final consumer in packaging of a maximum capacity of five litres. Such packaging shall be fitted with an opening system that can no longer be sealed after the first time it is opened and shall be labelled in accordance with this Regulation.

2 In the case of oils referred to in Article 1, point (b), intended for consumption in restaurants, hospitals, canteens and other similar collective establishments, Member States may set a maximum capacity exceeding five litres for packaging, depending on the type of establishment concerned.

1 The labelling of particulars referred to in Articles 6 to 9 shall be mandatory.

2 The legal name referred to in Article 6(1) and, where applicable, the place of origin referred to in Article 8(1), shall be grouped together within the principal field of vision, as defined in Article 2(2), point (l), of Regulation (EU) No 1169/2011, either on the same label or on several labels attached to the same container, or directly on the same container. Those particulars shall be shown in full and in a homogeneous body of text.

3 The labelling of particulars referred to in Articles 10, 11 and 12 shall be voluntary.

1 The description of the oils referred to in Article 1, point (b), shall be considered as their legal name within the meaning of Article 2(2), point (n), of Regulation (EU) No 1169/2011.

2 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’.

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.

1 For extra virgin olive oil and virgin olive oil, referred to in Part VIII, points 1(a) and (b), of Annex VII to Regulation (EU) No 1308/2013, the place of origin shall appear on the label.

2 For the oils referred to in Part VIII, points 3 and 6, of Annex VII to Regulation (EU) No 1308/2013, no place of origin shall be displayed on the label.

3 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.

4 The names of brands or firms whose registration was applied for by 31 December 1998 in accordance with Directive 89/104/EEC or by 31 May 2002 in accordance with Council Regulation (EC) No 40/94 shall not be considered as the place of origin covered by this Regulation.

5 In the case of import from a third country, the place of origin shall be determined in accordance with Articles 59 to 63 of Regulation (EU) No 952/2013.

6 The place of origin mentioning a Member State or the Union shall correspond to the geographical area in which the olives were harvested and in which the mill where the oil was extracted from the olives is situated.

7 If the olives have been harvested in a Member State or third country other than that in which the mill where the oil was extracted from the olives is situated, the place of origin shall contain the following wording: ‘(extra) virgin olive oil obtained in (the Union or the name of the Member State or third country concerned) from olives harvested in (the Union or the name of the Member State or third country concerned)’.

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.

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.

1 Only extra virgin olive oil and virgin olive oil, referred to in Part VIII, points 1(a) and (b), of Annex VII to Regulation (EU) No 1308/2013, may bear the indication of the harvesting year.

2 The harvesting year may be shown only if 100 % of the contents of the container come from that harvest and shall be indicated on the label either in the form of the relevant marketing year in accordance with Article 6, point (f), 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.

3 Member States may decide that the harvesting year referred to in paragraph 1 shall be indicated on the label of olive oils referred to in that paragraph, of their domestic production, obtained from olives harvested on their territory and intended for their national markets only.

4 The decision referred to in paragraph 3 shall not prevent olive oils labelled prior to the date on which that decision takes effect from being marketed until the stocks are exhausted.

5 Member States shall notify the Commission of the decision referred to in paragraph 3 in accordance with Delegated Regulation (EU) 2017/1183.

1 Where the presence of oils referred to in Article 1, point (b), in a blend with other vegetable oils is highlighted on the label elsewhere than in the list of ingredients, using words, images or graphics, the blend concerned shall 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 such oils in the blend.

2 The presence of oils referred to in Article 1, point (b), may be highlighted by images or graphics on the label of a blend referred to in paragraph 1 only where it accounts for more than 50 % of the blend concerned.

3 With the exception of solid foodstuffs preserved exclusively in olive oil, in particular the products referred to in Council Regulations (EEC) No 2136/89 and (EEC) No 1536/92 , and where the presence of oils referred to in Article 1, point (b), of this Regulation is stated on the label elsewhere than in the list of ingredients, using words, images or graphics, the name of the food shall be directly followed by the percentage of oil relative to the total net weight of the foodstuff.

4 The percentage of added oils referred to in Article 1, point (b), relative to the total net weight of the foodstuff referred to in paragraph 3 of this Article may be replaced by the percentage of added oil relative to the total weight of fats, adding the words ‘percentage of fats’.

5 The descriptions referred to in Article 6(1) may be replaced by the words ‘olive oil’ on the label of products referred to in paragraphs 1 and 3 of this Article. However, where olive-pomace oil is present, the words ‘olive oil’ shall be replaced by the words ‘olive-pomace oil’.

6 When other foodstuffs are added to oils referred to in Article 1, point (b), the resulting foodstuff shall not bear any of the legal names referred to in Article 6.

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.

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.