Commission Regulation (EEC) No 2568/91Dangos y teitl llawn

[F1 Article 1 U.K.

1. Oils, the characteristics of which comply with those set out in points 1 and 2 of Annex I to this Regulation, shall be deemed to be virgin olive oils within the meaning of point 1(a) and (b) of [F2 Part 8 of Annex 7 to Regulation (EU) No 1308/2013].

2. Oil, the characteristics of which comply with those set out in point 3 of Annex I to this Regulation, shall be deemed to be lampante olive oil within the meaning of point 1(c) of [F2 Part 8 of Annex 7 to Regulation (EU) No 1308/2013].

3. Oil, the characteristics of which comply with those set out in point 4 of Annex I to this Regulation, shall be deemed to be refined olive oil within the meaning of point 2 of [F2 Part 8 of Annex 7 to Regulation (EU) No 1308/2013].

4. Oil, the characteristics of which comply with those set out in point 5 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 point 3 of [F2 Part 8 of Annex 7 to Regulation (EU) No 1308/2013].

5. Oil, the characteristics of which comply with those set out in point 6 of Annex I to this Regulation, shall be deemed to be crude olive-pomace oil within the meaning of point 4 of [F2 Part 8 of Annex 7 to Regulation (EU) No 1308/2013].

6. Oil, the characteristics of which comply with those set out in point 7 of Annex I to this Regulation, shall be deemed to be refined olive-pomace oil within the meaning of point 5 of [F2 Part 8 of Annex 7 to Regulation (EU) No 1308/2013].

7. Oil, the characteristics of which comply with those set out in point 8 of Annex I to this Regulation, shall be deemed to be olive-pomace oil within the meaning of point 6 of [F2 Part 8 of Annex 7 to Regulation (EU) No 1308/2013].

[F3 8. In this Regulation:

(a) ‘appropriate authority’ means:

(i) the relevant authority, 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) ‘relevant authority’ means:

(i) in relation to England, the Secretary of State;

(iii) in relation to Scotland, the Scottish Ministers;

(iv) in relation to Wales, the Welsh Ministers.]]

Textual Amendments

F1 Substituted by Commission Regulation (EC) No 1989/2003 of 6 November 2003 amending Regulation (EEC) No 2568/91 on the characteristics of olive oil and olive-pomace oil and on the relevant methods of analysis.

F2 Words in Art. 1(1)-(7) 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, 6(2)(a); 2020 c. 1, Sch. 5 para. 1(1)

F3 Art. 1(8) 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, 6(2)(b) (as amended by S.I. 2020/1453, regs. 1(2)(b), 14(16)(a)); 2020 c. 1, Sch. 5 para. 1(1)

[F4 Article 2 U.K.

1. The characteristics of oils laid down in Annex I shall be determined in accordance with the following methods of analysis:

(a) for the determination of the free fatty acids, expressed as the percentage of oleic acid, the method set out in Annex II;

(b) for the determination of the peroxide index, the method set out in Annex III;

(c) for determination of the wax content, the method set out in Annex IV;

(d) for the determination of the composition and content of sterols and triterpene dialcohols by capillary-column gas chromatography, the method set out in Annex V;

(e) for the determination of the percentage of 2- glyceryl monopalmitate, the method set out in Annex VII;

(f) for spectrophotometric analysis, the method set out in Annex IX;

[F5 (g) for the determination of the fatty acid composition, the method set out in Annex X;]

(h) for the determination of the volatile halogenated solvents, the method set out in Annex XI;

(i) for the evaluation of the organoleptic characteristics of virgin olive oil, the method set out in Annex XII;

(j) for the determination of stigmastadienes, the method set out in Annex XVII;

(k) for determining the content of triglycerides with ECN42, the method set out in Annex XVIII;

[F6 (l) for the determination of the composition and content of sterols and for the determination of alcoholic compounds, by capillary column gas chromatography, the method set out in Annex XIX;]

(m) for the determination of the content of waxes, fatty acid methyl esters and fatty acid ethyl esters, the method set out in Annex XX.

F7 . . . . .

2. Verification F8 ... of the organoleptic characteristics of virgin oils shall be effected by tasting panels approved by the [F9 Secretary of State, with the agreement of the relevant authorities for Wales and Scotland].

The organoleptic characteristics of an oil as referred to in the first subparagraph shall be deemed consonant with the category declared if a panel approved [F10 in accordance with the first subparagraph] confirms the grading.

[F6 [F11 If the panel does not confirm the category declared as regards the organoleptic characteristics then, at the interested party's request, the appropriate authority must ensure that two counter-assessments are carried out without delay by other panels approved in accordance with the first subparagraph.] At least one of the panels shall be a panel approved by the producer Member State concerned. The characteristics concerned shall be deemed consonant with the characteristics declared if the two counter-assessments confirm the declared grade. If this is not the case, regardless of the type of defects determined during the counter-assessments, the grading shall be declared inconsistent with the characteristics and the interested party shall be responsible for the cost of the counter-assessments.]

3. When the [F12 appropriate authority verifies] the characteristics of the oil as provided for in paragraph 1, samples shall be taken in accordance with international standards EN ISO 661 on the preparation of test samples and EN ISO 5555 on sampling. However, notwithstanding point 6.8 of standard EN ISO 5555, in case of batches of such oils in immediate packaging, the sample shall be taken in accordance with Annex Ia to this Regulation. In case of bulk oils for which the sampling cannot be performed according to EN ISO 5555, the sampling shall be performed in accordance with instructions provided by [F13 appropriate authority].

Without prejudice to standard EN ISO 5555 and Chapter 6 of standard EN ISO 661, the samples taken shall be put in a dark place away from strong heat as quickly as possible and sent to the laboratory for analysis no later than the fifth working day after they are taken, otherwise the samples shall be kept in such a way that they will not be degraded or damaged during transport or storage before being sent to the laboratory.

4. For the purposes of the verification provided for in paragraph 3, the analyses referred to in Annexes II, III, IX, XII and XX and, where applicable, any counter-analyses required under national law, shall be carried out before the minimum durability date in case of packaged products. In case of sampling of bulk oils, those analyses shall be carried out no later than the sixth month after the month in which the sample was taken.

No time limit shall apply to the other analyses provided for in this Regulation.

Unless the sample was taken less than two months before the minimum durability date, if the results of the analyses do not match the characteristics of the category of olive oil or olive-pomace oil declared, the party concerned shall be notified no later than one month before the end of the period laid down in the first subparagraph.

5. For the purpose of determining the characteristics of olive oils by the methods provided for in the first subparagraph of paragraph 1, the analysis results shall be directly compared with the limits laid down in this Regulation.]

Textual Amendments

F4 Substituted by Commission Implementing Regulation (EU) No 1348/2013 of 16 December 2013 amending Regulation (EEC) No 2568/91 on the characteristics of olive oil and olive-residue oil and on the relevant methods of analysis.

F5 Substituted by Commission Implementing Regulation (EU) 2015/1833 of 12 October 2015 amending Regulation (EEC) No 2568/91 on the characteristics of olive oil and olive-residue oil and on the relevant methods of analysis.

F6 Substituted by Commission Implementing Regulation (EU) 2019/1604 of 27 September 2019 amending Regulation (EEC) No 2568/91 on the characteristics of olive oil and olive-residue oil and on the relevant methods of analysis.

F7 Deleted by Commission Implementing Regulation (EU) 2015/1833 of 12 October 2015 amending Regulation (EEC) No 2568/91 on the characteristics of olive oil and olive-residue oil and on the relevant methods of analysis.

F8 Words in Art. 2(2) 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, 6(3)(a)(i)(aa); 2020 c. 1, Sch. 5 para. 1(1)

F9 Words in Art. 2(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, 6(3)(a)(i)(bb) (as amended by S.I. 2020/1453, regs. 1(2)(b), 14(16)(b)); 2020 c. 1, Sch. 5 para. 1(1)

F10 Words in Art. 2(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, 6(3)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F11 Words in Art. 2(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, 6(3)(a)(iii); 2020 c. 1, Sch. 5 para. 1(1)

F12 Words in Art. 2(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, 6(3)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)

F13 Words in Art. 2(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, 6(3)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)

[F14 Article 2a U.K.

1. For the purpose of this Article, ‘olive oil marketed’ means total quantity of olive oil and olive pomace oil [F15 that is consumed in or exported from Great Britain, or moved from Great Britain into Northern Ireland].

2. [F16 The appropriate authority] shall ensure that conformity checks are carried out selectively, based on a risk analysis, and with appropriate frequency, so as to ensure that the olive oil marketed is consistent with the category declared.

3. The criteria to assess the risk may include:

(a) the category of oil, the period of production, the price of oils in relation to other vegetable oils, the blending and packing operations, the storage facilities and conditions, the country of origin, the country of destination, the means of transport or the volume of the lot;

(b) the position of the operators in the marketing chain, the volume and/or value marketed by them, the range of oil categories they market, the type of business carried out such as milling, storage, refining, blending, packaging or retail sale;

(c) findings made during previous checks including the number and type of defects found, the usual quality of oils marketed, the performance of technical equipment used;

(d) the reliability of operators’ quality assurance systems or self-checking systems related to the conformity to marketing standards;

(e) the place where the check is carried out, in particular if it is the first point of entry into [F17 Great Britain], the last point of exit from [F17 Great Britain] or the place where the oils are produced, packaged, loaded or sold to the final consumer;

(f) any other information that might indicate a risk of non-compliance.

4. [F18 The appropriate authority must ensure there are established]:

(a) the criteria for assessing the risk of non-conformity of lots;

(b) on the basis of a risk analysis for each risk category, the minimum number of operators or lots and/or quantities which will be subject to a conformity check.

[F19 The relevant authorities must jointly ensure that at least one conformity check per thousand tonnes of olive oil marketed in Great Britain is carried out per year.]

5. [F20 The appropriate authority] shall verify compliance by:

(a) carrying out, in any order, the analyses set out in Annex I; or

[F6 (b) following the order set out in Annex Ib on the flowchart, until one of the decisions appearing in the flowchart is reached.]]

Textual Amendments

F6 Substituted by Commission Implementing Regulation (EU) 2019/1604 of 27 September 2019 amending Regulation (EEC) No 2568/91 on the characteristics of olive oil and olive-residue oil and on the relevant methods of analysis.

F14 Substituted by Commission Implementing Regulation (EU) No 299/2013 of 26 March 2013 amending Regulation (EEC) No 2568/91 on the characteristics of olive oil and olive-residue oil and on the relevant methods of analysis.

F15 Words in Art. 2a(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, 6(4)(a) (as substituted by S.I. 2020/1453, regs. 1(2)(b), 14(16)(c)(i)); 2020 c. 1, Sch. 5 para. 1(1)

F16 Words in Art. 2a(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, 6(4)(b); 2020 c. 1, Sch. 5 para. 1(1)

F17 Words in Art. 2a(3)(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, 6(4)(c) (as substituted by S.I. 2020/1453, regs. 1(2)(b), 14(16)(c)(ii)); 2020 c. 1, Sch. 5 para. 1(1)

F18 Words in Art. 2a(4) 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, 6(4)(d)(i); 2020 c. 1, Sch. 5 para. 1(1)

F19 Words in Art. 2a(4) 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, 6(4)(d)(ii) (as amended by S.I. 2020/1453, regs. 1(2)(b), 14(16)(c)(iii)); 2020 c. 1, Sch. 5 para. 1(1)

F20 Words in Art. 2a(5) 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, 6(4)(e); 2020 c. 1, Sch. 5 para. 1(1)

[F14 Article 3 U.K.

Where it is found that an oil does not correspond to its category description, the [F21 appropriate authority must, in accordance with the legislation applying in the constituent nation concerned and] without prejudice to any other penalties, apply effective, proportionate and dissuasive penalties to be determined in the light of the seriousness of the irregularity detected.

Where checks reveal significant irregularities, [F22 the appropriate authority] shall increase the frequency of checks in relation to marketing stage, oil category, origin, or other criteria.]

Textual Amendments

F14 Substituted by Commission Implementing Regulation (EU) No 299/2013 of 26 March 2013 amending Regulation (EEC) No 2568/91 on the characteristics of olive oil and olive-residue oil and on the relevant methods of analysis.

F21 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, 6(5)(a); 2020 c. 1, Sch. 5 para. 1(1)

F22 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, 6(5)(b); 2020 c. 1, Sch. 5 para. 1(1)

F23 Article 3a U.K.

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Textual Amendments

F23 Deleted by Commission Regulation (EC) No 796/2002 of 6 May 2002 amending Regulation (EEC) No 2568/91 on the characteristics of olive oil and olive-pomace oil and on the relevant methods of analysis and the additional notes in the Annex to Council Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff.

[F24 Article 4 U.K.

1. The Secretary of State may, with the agreement of the relevant authorities for Wales and Scotland, approve assessment panels for the purposes of assessing and verifying organoleptic characteristics.

The terms of approval must be set by the Secretary of State, with the agreement of the relevant authorities for Wales and Scotland, and ensure that:

(a) the requirements of Annex XII.4 are met,

(b) the panel head is given training recognised for this purpose by the Secretary of State, with the agreement of the relevant authorities for Wales and Scotland,

(c) continued approval depends on performance in annual checks arranged by the relevant authorities jointly.

2. If there is no approved tasting panel in Great Britain, the Secretary of State, with the agreement of the relevant authorities for Wales and Scotland, may call on a tasting panel approved by the International Olive Council.

3. The relevant authorities must jointly ensure that there is an up-to-date list of any tasting panels set up in Great Britain by professional or inter-branch organisations in accordance with the conditions laid down in paragraph 1, and that those conditions are complied with by the panels.]

Textual Amendments

F24 Art. 4 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, 6(6) (as amended by S.I. 2020/1453, regs. 1(2)(b), 14(16)(d)); 2020 c. 1, Sch. 5 para. 1(1)

F23 Article 5 U.K.

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Textual Amendments

F23 Deleted by Commission Regulation (EC) No 796/2002 of 6 May 2002 amending Regulation (EEC) No 2568/91 on the characteristics of olive oil and olive-pomace oil and on the relevant methods of analysis and the additional notes in the Annex to Council Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff.

Article 6 U.K.

1. The oil content of oil cake and other residues resulting from the extraction of olive oil (CN codes 2306 90 11 and 2306 90 19) shall be determined using the method set out in Annex XV.

2. The oil content referred to in paragraph 1 shall be expressed as a percentage of the weight of oil to the weight of dry matter.

[F1 Article 7 U.K.

[F25 Retained direct EU legislation] concerning the presence of contaminants shall apply.

As regards halogenated solvents, the limits for all categories of olive oils are as follows:

• maximum content of each halogenated solvent detected: 0,1 mg/kg,

• maximum total content of halogenated solvents detected: 0,2 mg/kg.]

Textual Amendments

F1 Substituted by Commission Regulation (EC) No 1989/2003 of 6 November 2003 amending Regulation (EEC) No 2568/91 on the characteristics of olive oil and olive-pomace oil and on the relevant methods of analysis.

F25 Words in Art. 7 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, 6(7); 2020 c. 1, Sch. 5 para. 1(1)

[F26 Article 7a U.K.

Natural or legal persons and groups of persons who hold olive oil and olive pomace oil from the extraction at the mill up to the bottling stage included, for whatever professional or commercial purposes, shall be required to keep entry and withdrawal registers for each category of such oils.]

F27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F26 Inserted by Commission Implementing Regulation (EU) No 299/2013 of 26 March 2013 amending Regulation (EEC) No 2568/91 on the characteristics of olive oil and olive-residue oil and on the relevant methods of analysis.

F27 Words in Art. 7a 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, 6(8); 2020 c. 1, Sch. 5 para. 1(1)

F28 Article 8 U.K.

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Textual Amendments

F28 Art. 8 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, 6(9); 2020 c. 1, Sch. 5 para. 1(1)

Article 9 U.K.

Regulation (EEC) No 1058/77 is hereby repealed.

F29 Article 10 U.K.

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Textual Amendments

F29 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, 6(9); 2020 c. 1, Sch. 5 para. 1(1)

F30 ...

Textual Amendments

F30 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, 6(10); 2020 c. 1, Sch. 5 para. 1(1)