HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"L 335/14
EN
Official Journal of the European Union
14.12.2013
COMMISSION IMPLEMENTING REGULATION (EU) No 1335/2013
of 13 December 2013
amending Implementing Regulation (EU) No 29/2012 on marketing standards for olive oil
THE EUROPEAN COMMISSION,
storage conditions should therefore be clearly indicated
on the label to ensure that the consumer is well-informed
about the best conditions for preservation.
Having regard to the Treaty on the Functioning of the European
Union,
(4)
In order to help the consumer to select products, it is
crucial that the mandatory particulars indicated on the
label are easily readable. Rules should therefore be laid
down on readability and the concentration of mandatory
Having regard to Council Regulation (EC) No 1234/2007 of
information within the main field of vision.
22 October 2007 establishing a common organisation of agri
cultural markets and on specific provisions for certain agri
cultural products (Single CMO Regulation) ( 1 ), and in particular
Article 113(1)(a) and point (a) of the first paragraph of
Article 121 in conjunction with Article 4 thereof,
(5)
In order to enable the consumer to be sure that the
product is fresh, the optional marking of the harvest
year should only appear on the label when 100 % of
the packaging contents come from that harvest.
Whereas:
(6) In
the
interests
of
simplification,
it
should
be
laid
down
(1) Commission Implementing Regulation (EU) No
that the labelling of food products preserved exclusively
29/2012 ( 2 ) lays down specific standards for retail-stage
in olive oil is no longer required to state the percentage
marketing of olive oils and olive-residue oils.
of oil added in relation to the total net weight of the
foodstuff.
(2) Producers,
traders
and
consumers
should
be
provided
with marketing standards for olive oils which guarantee
product quality and combat fraud effectively. To that end,
(7) In
order
to
ensure
consistency
between
Commission
specific provisions should be laid down to supplement
Regulation (EEC) No 2568/91 ( 4 ) and Implementing
Regulation (EU) No 1169/2011 of the European
Regulation (EU) No 29/2012, particularly as regards the
Parliament and of the Council ( 3 ) and to improve the
tolerance for the result of checks, the relevant provision
effective monitoring of marketing standards.
of that Implementing Regulation should be amended
accordingly.
(3) Numerous
scientific
studies
have
demonstrated
that
light
and heat adversely affect the quality of olive oils. Specific
(8) Member
States
must
carry
out
checks
to
ensure
that
the
markings on the labels are correct and to ensure
( 1 ) OJ L 299, 16.11.2007, p. 1.
compliance with this Regulation. To that end, checks
( 2 ) Commission Implementing Regulation (EU) No 29/2012 of
on the conformity of the product’s sale name with the
13 January 2012 on marketing standards for olive oil (OJ L 12,
contents of the container should be reinforced and
14.1.2012, p. 14).
further harmonised on the basis of risk analysis, as
( 3 ) Regulation (EU) No 1169/2011 of the European Parliament and of
the Council of 25 October 2011 on the provision of food
should corresponding penalties. This approach should
information to consumers, amending Regulations (EC) No
also help to combat fraud by introducing minimum
1924/2006 and (EC) No 1925/2006 of the European Parliament
control requirements for all Member States and by stan
and of the Council, and repealing Commission Directive
dardising the reports to be sent to the Commission.
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
( 4 ) Commission Regulation (EEC) No 2568/91 of 11 July 1991 on the
and Commission Regulation (EC) No 608/2004 (OJ L 304,
characteristics of olive oil and olive-residue oil and on the relevant
22.11.2011, p. 18).
methods of analysis (OJ L 248, 5.9.1991, p. 1).

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EN
14.12.2013 Official
Journal
of
the
European
Union L
335/15
(9) Member
States
should
lay
down
penalties
at
national
container, or directly on the same container. Those
level. Those penalties should be effective, proportionate
mandatory particulars must each be shown in full and in
and dissuasive.
a homogeneous body of text.
___________
(10) Products
manufactured
and
labelled
in
the
Union
or
(*) Regulation (EU) No 1169/2011 of the European
imported into the Union before the application of this
Parliament and of the Council of 25 October 2011 on
Regulation but in accordance with Implementing Regu
the provision of food information to consumers,
lation (EU) No 29/2012 should be covered by a transi
amending Regulations (EC) No 1924/2006 and (EC)
tional period so that operators can use up their existing
No 1925/2006 of the European Parliament and of the
stock of containers and sell products which are already
Council, and repealing Commission Directive
packaged.
87/250/EEC, Council Directive 90/496/EEC,
Commission Directive 1999/10/EC, Directive
(11) The
Commission
has
developed
an
information
system
2000/13/EC of the European Parliament and of the
which makes it possible to manage documents and
Council, Commission Directives 2002/67/EC and
procedures electronically within the framework of its
2008/5/EC and Commission Regulation (EC) No
internal operation and in its relations with the authorities
608/2004 (OJ L 304, 22.11.2011, p. 18).’;
involved in the common agricultural policy. That system
is regarded as fulfilling the communication requirements
of Implementing Regulation (EU) No 29/2012 in
(2) the following point (e) shall be added to the first paragraph
accordance with Commission Regulation (EC) No
of Article 5:
792/2009 ( 1 ).
‘(e) Regarding oils subject to point 1(a) and (b) of Annex
XVI to Regulation (EC) No 1234/2007, the harvesting
(12) Implementing Regulation (EU) No 29/2012 should
year may be shown only if 100 % of the contents of the
therefore be amended accordingly.
container come from that harvest.’;
(3) the first subparagraph of Article 6(2) shall be replaced by
(13) The
measures
provided
for
in
this
Regulation
are
in
the following:
accordance with the opinion of the Management
Committee for the Common Organisation of Agricultural
‘2. With
the
exception
of
solid
foodstuffs
preserved
Markets,
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
HAS ADOPTED THIS REGULATION:
Article 1(1) of this Regulation in a foodstuff, other than
those referred to in paragraph 1 of this Article, is stated
Article 1
on the labelling elsewhere than in the list of ingredients,
using words, images or graphics, the trade description of the
Implementing Regulation (EU) No 29/2012 is amended as
foodstuff shall be directly followed by the percentage of
follows:
olive oil as referred to in Article 1(1) of this Regulation
relative to the total net weight of the foodstuff.
(1) the following Articles 4a and 4b shall be inserted:
___________
(*) Council Regulation (EEC) No 1536/92 of 9 June 1992
‘Article 4a
laying down common marketing standards for
preserved tuna and bonito (OJ L 163, 17.6.1992, p. 1).
Information on the special preservation conditions for oils
(**) Council Regulation (EEC) No 2136/89 of 21 June 1989
subject to Article 1(1), namely that they must be stored
laying down common marketing standards for
away from light and heat, shall appear on their containers
preserved sardines and trade descriptions for
or on labels attached to them.
preserved sardines and sardine-type products (OJ
L 212, 22.7.1989, p. 79).’;
Article 4b
The mandatory particulars described in the first paragraph
(4) in Article 7, the second paragraph shall be deleted;
of Article 3 and, where applicable, those described in the
first subparagraph of Article 4(1), shall be grouped together
(5) the following Article 8a shall be inserted:
within the principal field of vision, as defined by
Article 2(2)(l) of Regulation (EU) No 1169/2011 of the
‘Article 8a
European Parliament and of the Council (*), either on the
Each Member State shall verify the accuracy of the labelling,
same label or on several labels attached to the same
in particular the conformity of the trade name of the
product with the contents of the container, on the basis
( 1 ) Commission Regulation (EC) No 792/2009 of 31 August 2009
of risk analysis as referred to in Article 2a of Regulation
laying down detailed rules for the Member States’ notification to
(EEC) No 2568/91. If any irregularity is detected and the
the Commission of information and documents in implementation
manufacturer, packager or seller shown on the label is
of the common organisation of the markets, the direct payments
located in another Member State, the control body of the
regime, the promotion of agricultural products and the regimes
applicable to the outermost regions and the smaller Aegean
Member State concerned shall ask for a verification
islands (OJ L 228, 1.9.2009, p. 3).
pursuant to Article 8(2).’;

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L 335/16
EN
Official Journal of the European Union
14.12.2013
(6) the first subparagraph of Article 9(1) shall be replaced by
(8) the following Article 10a shall be inserted:
the following:
‘Article 10a
‘1. Without
prejudice
to
the
penalties
laid
down
in
Regu
The notifications referred to in this Regulation shall be
lation (EC) No 1234/2007 and in Article 3 of Regulation
made in accordance with Commission Regulation (EC)
(EEC) No 2568/91, Member States shall implement
No 792/2009 (*).
effective, proportionate and dissuasive penalties at national
level if this Regulation is breached.’;
___________
(*) Commission Regulation (EC) No 792/2009 of
(7) Article 10 shall be replaced by the following:
31 August 2009 laying down detailed rules for the
Member States’ notification to the Commission of
‘Article 10
information and documents in implementation of the
common organisation of the markets, the direct
The Member States concerned shall forward to the
payments regime, the promotion of agricultural
Commission, no later than 31 May each year, a report
products and the regimes applicable to the outermost
containing the following information for the previous year:
regions and the smaller Aegean islands (OJ L 228,
1.9.2009, p. 3).’.
(a) requests for verifications received in accordance with
Article 8(2);
Article 2
(b) verifications started and those started in previous
Products which comply with Implementing Regulation (EU)
marketing years and still ongoing;
No 29/2012 and which have been manufactured and labelled
in the Union or imported into the Union and put into free
(c) verifications started in accordance with Article 8a using
circulation before 13 December 2014 may be marketed until
the model set out in Annex XXI to Regulation (EEC) No
all stocks are used up.
2568/91;
Article 3
(d) the follow-up to the verifications carried out and the
penalties applied.
This Regulation shall enter into force on the seventh day
following that of its publication in the Official Journal of the
European Union.
The report shall present this information according to the
calendar year in which the verifications were started and by
It shall apply from 13 December 2014. However, as regards
category of infringement. Where applicable, it shall point
Article 10 point (c) of Implementing Regulation (EU) No
out any specific difficulties encountered and propose
29/2012, Article 1(7) of this Regulation shall apply from
improvements to controls.’;
1 January 2016.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 13 December 2013.
For the Commission
The President
José Manuel BARROSO

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Document Outline

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