EN   EN 
 
 
 EUROPEAN  
COMMISSION   
Brussels, XXX   
[…](2022) XXX  draft  
 
COMMISSION IMPLEMENTING REGULATION (EU) …/...  
of XXX  
laying down rules on conformity checks of marketing standards for olive oil and 
methods of analysis of the characteristics of olive oil   EN 1  EN COMMISSION IMPLEMENTING REGULATION (EU) …/...  
of XXX  
laying down rules on conformity checks of marketing standards for olive oil and methods 
of analysis of the characteristics of olive oil  
THE EUROPEAN COMMISSION,  
Having regard to the Treaty on the Functioning of the European Union , 
Having regard to Regulation (EU) No 1308/2013 of the European Parliament and of the Council 
of 17 December 2013 esta blishing a common organisation of the markets in agricultural products 
and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and 
(EC) No 1234/20071, and in particular Article 90a(6) , points (b) and (c) , and Article 91, point s 
(b), (d) and (g) , thereof,  
Whereas:  
(1) Regulation (EU) No 1308/2013 repealed and replaced Council Regulation (EC) No 
1234/20072. Regulation (EU) No 1308/2013 lays down rules on marketing standards for 
olive oil and empowers the Commission to adopt delegated  and implementing acts in that 
respect. In order to ensure the smooth functioning of the olive oil market in the new legal 
framework, certain rules have to be adopted by means of such acts.  
(2) The experience acquired over the last decade from the implementati on of the Union 
marketing standards for olive oil and from the implementation of conformity checks 
shows that the regulatory framework needs to be simplified and clarified . Similar and 
complementary requirements should be  revised to avoid duplications and potential 
inconsistencies.  
(3) Member States should carry out conformity checks aimed to verify whether products 
referred to in Part VII of Annex VIII to Regulation (EU) No 1308/2013 conform to the 
rules laid down in Commission Delegated Regulation (EU) …/…3 [reference to the 
delegated act] , and in particular on the conformity of the label with the contents of the 
container. Introducing minimum control requirements for all Member States should also 
help to combat fraud.  While Member States are best placed to id entify and decide which 
authorities should be responsible for the application of this Regulation, they should 
inform the Commission of such competent authorities , to ensure appropriate 
communication with other Member States’ respective authorities and with  the 
Commission.  
                                                 
1 OJ L 347, 20.12.2013, p. 671 . 
2 Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of 
agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) 
(OJ L 299, 16.11.2007, p. 1).  
3 Commission Delegated Regulation (EU)  […/… ] of [ …] […] (OJ L [….], p.  […]). EN 2  EN (4) Member States should be required to submit an annual report to the Commission with 
information on conformity checks carried out during the previous year, in order to ensure 
uniform conditions for the implementation of this Regulation. To f acilitate the collection 
and transmission of comparable data, the subsequent compilation of such data into 
Union -wide statistics and the preparation of reports by the Commission on conformity 
checks across the Union, a standard model form should be  provide d for annual reports.  
(5) In order to verify  that olive oil complies with the rules laid down in Delegated Regulation 
(EU) …/… [reference to the delegated act]  and maximise the protection of consumers, 
competent authorities should carry out conformity checks based on a risk analysis.  
(6) Since checks on operators responsible for producing or first placing olive oil on the 
market must be made in the Member State in w hich they are established, there should be 
a procedure for administrative cooperation between the Commission and the Member 
States where the oil is produced and marketed.  
(7) Within the framework of the checks the Member States should specify the evidence to b e 
provided for the different terms that can be used on the label. Such evidence should 
include established facts, results of analyses or reliable recordings , and administrative or 
account ing information.  
(8) Mem ber States should be allowed to  approv e packaging plants situated on their territory,  
in order to facilitate the check of the conformity of the product with the mandatory and 
optional particulars written on the label, in accordance with Delegated Regulation (EU) 
…/… [reference to the delegated a ct]. 
(9) The characteristics of the different types of olive oil should be determined uniformly 
throughout the Union. To that end, Union legislation should specify which methods  of 
chemical analysis and organoleptic evaluation should be used. As the Union is a  member 
of the International Olive Council  (‘IOC’) , the methods to be used when performing 
conformity checks should be those established by the IOC. 
(10) In order to ensure uniformity in the sampling for conformity checks , the method of 
sampling of olive oil sh ould be set out . In order to ensure that analyses are carried out in 
the correct conditions and in view of the distances between regions, different time limits 
should be set for sending samples to the laboratory  after sampling.  
(11) Member States should verify the compliance of olive oil placed on the Union market with 
the characteristics set out in Delegated Regulation (EU) …/… [reference to the delegated 
act]. As regards the classification of oils, the test results should be compare d with the 
limits set in that Regulation, which take into account the repeatability margins and 
reproducibility of the analysis methods used.  
(12) The IOC method for the evaluation of the organoleptic characteristics of virgin olive oils 
includes the setting up  of panels of selected and trained tasters. In order to ensure 
uniformity in the implementation, minimum requirements for the approval of panels  
should be set out. In view of the difficulties that some Member States encounter in setting 
up tasting panels, the use of panels in other Member States should be authorised.  EN 3  EN (13) The u se of the IOC method for the evaluation of the organoleptic characteristics of virgin 
olive oils requires that a procedure be available for dealing with cases of discrepancy 
between the ca tegory declared and that assigned by the tasting  panel.  
(14) In order to ensure that the system of levies applicable to imports of oliv e cake and 
residues  functions correctly, a single method for the determination of the oil content of 
these products should be laid down.  
(15) Member States should lay down penalties for the non -compliances found at national level 
with the marketing standards for olive oil. Those penalties should be effective, 
proportionate and dissuasive.  
(16) The measures provided for in this Regulation a re in accordance with the opinion of the 
Committee  for the Common Organisation of Agricultural Markets,  
HAS ADOPTED THIS REGULATION:  
Article 1  
Scope  
This Regulation lays down rules on : 
(a) the checks of conformity with marketing standards for the olive oil s referred to in 
Article 2 of Delegated Regulation (EU) …/… and their implementation by operators ; 
(b) the cooperation  and assistance between competent authorities  with regard to the 
conformity checks  referred to in point (a) ; 
(c) the records to be kept by operators  who produce or hold olive oil and the approval of 
packaging plants ; 
(d) the methods of analysis for determining the characteristics of olive oil . 
Article 2  
Obligations of Member States  concerning conformity checks  
1. Member States  shall carry out conformity checks on olive oil to verify the 
implementation of the marketing standards laid down in Delegated Regulation (EU) 
…/… [reference to the delegated act]  on the basis of a risk analysis referred to in 
Article  3. 
2. Member States shall verify  that operators comply with their obligations under 
Article  5(1).  
  EN 4  EN 3. Each Member State shall notify the Commission, in accordance with Commission 
Delegated Regulation (EU) 2017/11834 of the name and address of the authority or 
authorities competent  to perform conformity checks in accordance with this Regulation.  
The Commission shall inform the other Member States and, on request, any interested 
party of those competent  authorities . Member States shall inform the Commission about 
any changes as they o ccur.  
Article 3  
Frequency of conformity checks and risk analysis  
1. For the purpose s of this Article, ‘olive oil marketed’ means the total quantity of olive oil 
that is made available on the market in a Member State and exported from that Member 
State.  
2. Member  States shall carry out a t least one conformity check per year per thousand 
tonnes of olive oil marketed  on their territory . 
3. Member States shall ensure that conformity checks are carried out selectively, based on 
a risk analysis, and with appropriate frequ ency, to verify  that the olive oil marketed 
corresponds to the category declared.  
4. The criteria to assess the risk  are in particular : 
(a) the category of olive oil  within the meaning of Article 2 of Delegated Regulation 
(EU) …/… , the period of production, its p rice as compared 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 value 
marketed by them, the range of oil categories they place on the market, the type of 
business carried out such as milling, storage, refining, blending, packaging or 
retail sale;  
(c) findings made during previous checks incl uding the number and type of defects 
found, the usual quality of olive oil marketed, the performance of technical 
equipment used;  
(d) the reliability of operators’ quality assurance systems or self -checking systems 
related to the conformity with marketing stan dards;  
  
                                                 
4 Commission Delegated Regulation (EU) 2017/1183 of 20 April 2017 on supplementing Regulations (EU) 
No 1307/2013 and (EU) No 1308/2013 of the European Parliament and of the Council with regard to the 
notifications to the Commission of information and documents  (OJ L 171, 4.7.2017, p. 100 ). EN 5  EN (e) the place where the conformity check is carried out, in particular if it is the first 
point of entry into the Union, the last point of exit from the Union 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.  
5. Member States shall lay down in advance:  
(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 
operator s or lots and quantities which will be subject to a conformity check.  
6. Where checks reveal significant irregularities, Member States shall increase the 
frequency of check s in relation to  marketing stage, oil category, origin, or other criteria.  
Article 4  
Cooperation between Member States  with regard to conformity checks  
1. If any irregularity is detected and the operator shown on the label is established in 
another Member State, the Member State concerned shall make a request for 
verification in accordance wi th Commission Implementing Regulation (EU) 2019/17155 
to the Member State in which the operator appearing on the label is established . 
2. In addition to the requirements laid down in Article 16  of Implementing Regulation 
(EU) 2019/1715, the r equest referred t o in paragraph 1 of this Article s hall be 
accompanied by all information needed for the verification, and in particular:  
(a) the date of sampling or purcha se of the olive oil in question;  
(b) the name or business name and address of the operator  where the sample was 
taken or where the ol ive oil concerned was purchased;  
(c) the number of batches concerned;  
(d) a copy of all labels appearing on the packaging of the olive oil concerned;  
(e) the results of the analysis or of the other comparative expert opinions indicating 
the me thods used and the name and address of the laboratory or expert;  
(f) where applicable, the name of the supplier of the olive oil  in question as declared 
by the marketing outlet.  
  
                                                 
5 Commission Implementing Regulation (EU) 2019/1715 of 30 September 2019 laying down rules for the 
functioning of the information management system for official controls and its system components ( the 
IMSOC Regulation) (OJ L 261, 14.10.2019, p. 37).  EN 6  EN 3. In addition to the requirements laid d own in Article 22 of  Implementing Regulation 
(EU) 2019/1715, the Member State  to which the request is addressed , shall take samples 
at the latest before the end of the month following that of the request and verify the 
indications on the labelling concerned . It shall respond within 3 months from the date of 
the request.  
Article 5  
Obligations of operators  
1. For the purpose of conformity checks, o perators from the mill and up to the bottling 
stage shall keep entry and withdrawal registers for each category of olive oil they hold.  
2. At the request of the Member State in which the operator appearing on the label  is 
established , the operator shall supply documentation with regard to the fulfilment of the  
requirements  referred to in Articles 6, 8 and 10  of Delegated Regulation (EU) … /… 
[reference to the delegated act] based on one or more of the following elements:  
(a) factual elements or scientifically established facts;  
(b) results of analyses or automatic recordings taken on representative samples;  
(c) administrative or accounting information kep t in accordance with Union and 
national rules.  
Article 6  
Optional approval of packaging plants at national level  
1. Member States shall have the possibility to approve packaging plants situated on their 
territory.  
2. When they decide to make use of paragraph 1,  Member States shall grant approval and 
allocate  an alphanumeric identification to any  packaging plant so requesting , which 
meets the following conditions:  
(a)  possesses packaging facilities;  
(b) undertakes to collect and keep the documentation referred to in Article 5 ; 
(c) has a storage system which makes it possible to check the provenance of the olive  
oils for which the labelling of the place  of origin  is mandatory in accordance with 
Article 8(1) of Delegated Regulation (EU) … /… [reference to the delegated act] . 
3. When they decide to make use of paragraph 1,  Member States shall notify the 
Commission of the relevant arrangements in accordance with Directive (EU) 2015/1535  
of the European Parliament and of the Council6. 
                                                 
6 Directive (EU) 2015/1535 of the European Parliament and of the Council of 9 September 2015  laying down a 
procedure for the provision of information in the field of technical regulations and of rules on  Information 
Society services  (OJ L 241, 17.9.2015, p. 1 ). EN 7  EN Article 7  
Methods of analysis used for determining the characteristics of olive oil s 
The characteristics of olive oils set out  in Annex I to Delegated Regulat ion (EU) …/… 
[reference to the delegated act]  shall be determined in accordance with methods of analysis set 
out in Annex I to this Regulation . 
Article 8  
Sampling for conformity checks  
1. Samples for conformity checks shall be taken in accordance with international standards 
EN ISO 661 on the preparation of test samples and EN ISO 5555 on sampling. 
However, for batches of package d olive oil , sampling shall be carried out in accordance 
with Annex II. In case of bulk oils for which the sampling cannot be performed in 
accordance with the EN ISO 5555 standard, the sampling shall be performed in 
accordance with instructions provided by  the competent authority of the Member State . 
2. Without prejudice to standard EN ISO 5555 and Chapter 6 of standard EN ISO 661, the 
samples taken shall be put as quickly as possible  in a dark place , away from hea t and 
sent to the laboratory for analysis no l ater than  on 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.  
Article 9  
Verification of the characteristics of olive oil s 
1. Member States shall verify compliance of the olive oils with the characteristics of olive 
oils set out in Annex I to Delegated Regulation (EU) …/… [ reference to the delegated 
act]: 
(a) in any order; or  
(b) by following the order set o ut on the flow -chart  in Annex III to this Regulation , 
until one of the decisions appearing in the flow -chart is reached.  
2. For the purpose of the verification provided for in paragraph 1, the analyses for the 
determination of the acidity level, peroxide value K232, K268  or K270, ΔK, fatty acid 
ethyl esters, waxes and the organoleptic characteristics, where applicable, any coun ter-
analyses required under national law shall be carried out before the minimum durability 
date in case of packaged olive oil. In case of sampling of bulk oils, those analyses shall 
be carried out within 6 months after the month in which the sample was ta ken. 
  EN 8  EN 3. No time limit shall apply to the verification of other characteristics of olive oil set out in 
Annex I to Delegated Regulation (EU) …/… [ reference to the delegated act] . 
4. For packaged olive oil, unless the sample was taken less than 2 months before t he 
minimum durability date, if the results of the analyses do not match the characteristics 
of the category of olive oil declared, the operator from which the sample was taken shall 
be notified no later than one month before the minimum durability date.  
5. For the purpose of determining the characteristics of olive oil by the methods set out in 
Annex I  to this Regulation , the results of the analys es shall be directly compared with 
the limits set ou t in Annex I to Delegated Regulation (EU) …/…  [reference to the  
delegated act] , which take into account the repeatability margins and reproducibility of 
the analysis methods used.  
6. The rules of this Article shall apply for each primary sample taken in accordance with 
Annex I I. 
Article 10  
Tasting panels  
1. For the purpose of conformity checks, t asting panels, approved by Member States on 
their territory, shall assess the organoleptic characteristics of virgin olive oils set out  in 
Annex I to Delegated Regulation (EU) …/… [reference to the delegated act]  and shall 
report on those characteristics and on the category.  
2. The terms of approval of tasting panels  shall be set by Member States and ensure that:  
(a) the requirements of the method referred to in Annex I, point 5 for the 
determination of the organoleptic characteristics of virgin olive oil are met;  
(b) the panel head is given training recognised for this purpose by the Member State ; 
(c) continued approval depends on the performance at an annual review  of the tasting 
panel by the Member State.  
3. Member States shall n otify  the Commission , in accordance with Delegated Regulation 
(EU) 2017/1183 , of the list o f approved tasting  panels on their territory and inform the 
Commission of any change to that list without delay . 
4. Where no tasting panel on a Member State’s territory  fulfils the terms of approval 
referred to in paragraph 2, the Member State shall call on a tasting panel approved in 
another Member State.  
Article 11  
Verification  of the organoleptic characteristics of virgin olive oils  
1. The organoleptic characteristics of virgin olive oils set out  in Annex I to Delegated 
Regulation (EU) …/… [reference to the delegated act]  shall be deemed consistent with 
the declared category if a tasting panel approved by a Member State confirms the 
category. 
  EN 9  EN 2. Where the tasting panel does not confirm the declared  category as regards the 
organoleptic characteristics, at the request of the operator subject to the control, the 
competent authorities shall have two counter -assessments carried out by other app roved 
tasting panels without delay. At least one of the tasting panels shall be a panel approved 
by the Member State in which the olive oil was produced. The characteristics concerned 
shall be deemed consistent with the characteristics declared if the two counter -
assessments confirm the declared  category . If this is not the case, regardless of the type 
of defects determined during the counter -assessments, the declared category shall be 
declared inconsistent with the characteristics , and the operator subject  to the control 
shall be bear the cost s of the counter -assessments.  
3. When the oil is produced outside the Union, the two counter -analyses shall be carried 
out by two tasting  panels different from the one that initially established the non -
conformity.  
4. When c arrying out counter -assessments, tasting  panels shall assess the olive oil in two 
separate tasting sessions. The results from the two sessions for the olive oil subject to 
the counter -assessment must be statistically homogenous. If not, the sample must be re-
analysed again twice. The reported values of the organoleptic characteristics of the olive 
oil subject to the counter -assessment shall be calculated as  the average of the  values  
obtained for those characteristics in the two statistically homogenous sessions.  
Article 12  
Oil content of oil cake and other residues  
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 IV.  
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.  
Article 13  
Penalties  
1. Where it is found that the marketing standards laid down in Delegated Regulation (EU) 
…/… [reference to the delega ted act]  are not respected, Member States shall apply 
effective, proportionate and dissuasive penalties to be determined in the light of the 
seriousness of the irregularity detected.  
2. By 31 May of each year,  Member States shall notify the Commission, in accordance 
with Delegated Regulation (EU) 2017/1183, of the measures taken to that end and 
without delay of any amendments to those measures.  
  EN 10  EN Article 14  
Reporting  
By 31 May of each year, Member States shall s ubmit to the Commission a report in accordance 
with Delegated Regulation (EU) 2017/1183 on the implementation of this Regulation during the 
previous calendar year. The report shall contain at least the results of the conformity checks 
carried out on olive oil in accordance with the form set out in Annex V to this Regulation.  
Article 1 5 
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.  
Done at Brussels,  
 For the Commission  
 The President  
 Ursula VON DER LEYEN  