New modification of the purity characteristics of olive oils in line with the recent decisions of the International Olive Oil Council to promote national and international standardisation of the regulations on the chemical-physical and organoleptic characteristics of these oils, and to simplify the decision-making processes according to the delta-7-stigmastenol content. (1)
The new requirements will enter into force as of 10 June 2024. From that date, products placed on the market will have to comply with these provisions in order to avoid criminal risks and the imposition of penalties on food business operators.
Marketing standards
Delegated Reg. (EU) 2022/2104 was issued to facilitate the implementation of the provisions set out in Reg. (EU) No. 1308/2013 (CMO Regulation), repealing the historical Reg. (EC) No. 2568/91 and Reg. (EU) No. 29/2012 and, at the same time, simplifying the regulations previously in force. (2)
Together with the definition of the product categories and the relative purity and quality requirements, as well as the organoleptic characteristics, the new regulation also clarifies:
– the oils that are admissible for blends with other vegetable oils and food ingredients (i.e. virgin olive oils – i.e. extra virgin and virgin -, olive oils and olive-pomace oils), and the criteria for references to these oils on the labelling;
– the way in which the product to be placed on the market is to be packaged and the information to be given on the labelling (e.g. sales denomination), together with the storage conditions;
– specific indications on the origin of the oils, which is compulsory for virgin oils and forbidden for olive oils composed of refined olive oils and virgin olive oils, as well as olive-pomace oils, and of the olives, if different from the country of pressing;
– references for the packaging plant on the label, in the case of extra virgin and virgin olive oils, olive oils composed of refined olive oils and virgin olive oils, olive-pomace oils;
– optional information admissible only for virgin olive oils, including the terms ‘first cold pressing’ or ‘cold extraction’, organoleptic characteristics, maximum acidity content and harvest year.
Conformity checks
Conformity checks of olive oils must be carried out by the competent authorities according to the provisions defined in Implementing Reg. (EU) 2022/2105 in order to verify, through the adoption of specific methods of analysis on the products placed on the market and the control of the relevant documentation (e.g. traceability registers), the compliance of food business operators (FBO) with the marketing standards provided for in the delegated regulation. (3)
The requirements to be fulfilled by the competent authorities of the Member States, on the basis of the obligations of FBOs, are laid down, which can be summarised as follows:
– determination and scheduling of minimum frequencies of compliance checks, on the basis of a preliminary risk analysis taking into account the potential non-compliances identified;
– cooperation between competent authorities of different Member States, in the event of a finding of non-compliance of product marketed by an operator located in another Member State;
– maintenance of records, by FBOs, of incoming and outgoing movements of olive oils and relevant documentation to be sent, when requested, to the competent authorities;
– possibility of requiring the approval of packaging plants, at the discretion of individual Member States;
– modalities for analytical and sensory verification of olive oil samples taken by the competent authorities, and of the oil content of the pomace and other residues;
– definition of sanctions for irregularities to the provisions of the Regulation.
Amendments to trade rules
The International Olive Oil Council (IOC) is the responsible party, as defined by the 2015 International Agreement on Olive Oil and Table Olives, concluded by Council Decision (EU) 2019/848 (4,5), for adopting decisions and recommendations for the implementation of the provisions of the Agreement, through its Council of Members.
Following its 116th session on 30 November 2022, the IOC adopted decision DEC-III.2/116-VI/2022 amending the IOC trade standard with regard to the limit of Δ-7-stigmastenol for all categories of olive oil. (6,7) This amendment was favourably voted at Community level through Council Decision (EU) 2022/2391. (8)
The new provisions are without prejudice to the limit value for Δ-7-stigmastenol of ≤ 0.5 (% of total sterols), but have removed the decision tree in the appendix to Annex I of Regulation (EU) 2022/2104, inserting specific conditions for each category of olive oil as follows:
– Extra virgin olive oil and virgin olive oil. An extra virgin or virgin olive oil that has 0.5 < Δ-7-stigmastenol % ≤ 0.8 is authentic provided that: the apparent β-sitosterol/champesterol ratio is ≥ 28, ΔΕCN42 ≤|0.10| and that all other parameters are within the limits set in this Regulation (i.e. Regulation (EU) 2022/2104);
– Lampante olive oil. A lampante olive oil that has 0.5 < Δ-7-stigmastastenol % ≤ 0.8 is authentic provided that: the apparent β-sitosterol/champesterol ratio is ≥ 28, ΔΕCN42 ≤|0.15|, stigmastadienes ≤ 0.30 mg/kg and that all other parameters are within the limits set in this Regulation;
– Refined olive oil and olive oil composed of refined olive oils and virgin olive oils. Refined olive oil or olive oil composed of refined olive oil and virgin olive oils that have 0.5 < Δ-7-stigmastenol % ≤ 0.8 are authentic provided that the β-sitosterol/champesterol ratio is ≥ 28, ΔΕCN42 ≤|0.15| and that all other parameters are within the limits fixed in this Regulation.
– Crude olive-pomace oil, refined olive-pomace oil and olive-pomace oil. A crude olive-pomace oil or refined olive-pomace oil or olive-pomace oil having 0,5 < Δ-7-stigmastenol % ≤ 0,8 is authentic provided that the stigmasterol is ≤ 1,4 %, ΔΕCN42 ≤|0,40| and that all other parameters are within the limits set in this Regulation.
Future changes
The Commission is already working on the preparation of a proposal for a new Council Decision on the position to be taken by the European Union on new trade standards for olive oils and olive-pomace oils, and two methods of analysis, on the basis of the decisions (if adopted) of the IOOC Council of Members, following the 119th session scheduled from 18 to 25 June 2024. (9)
The planned amendments are:
– the revision of the commercial standard applicable to olive oils and olive-pomace oils IOC/T.15/NC No. 3/Rev. 19 (see footnote 7) to include the new revision of the method of organoleptic assessment of virgin olive oils;
– the revision of the method IOC/T.20 /Doc. no. 15/Rev. 10 (Sensory analysis of olive oil – Method for the organoleptic evaluation of virgin olive oils) with regard to the reports of the panel of tasters (10);
– the correction of the method IOC/T.20/Doc. no. 28/Rev. 3 (Determination of the content of waxes and methyl and ethyl esters of fatty acids by capillary column gas chromatography) with regard to the expression of results.
Provisional conclusions
Olive oils have recently undergone changes in terms of the determination of delta-7-stigmastenol, especially with regard to the elimination of the associated decision tree.
Further changes to the trading standards are expected, due to new provisions for sensory analysis by the panel, and the implementation of certain analytical methods for the verification of purity and quality characteristics of olive oils.
The European Union is a member of the IOC and holds no less than 659 shares out of a total of 1,000, and is strongly predisposed to ensure that the decisions of the Council of Members, of which it has representatives, are favourable to the adoption of these changes.
Dario Dongo and Andrea Adelmo Della Penna
Footnotes
(1) Commission Delegated Regulation (EU) 2024/1401 of 7 March 2024 amending Delegated Regulation (EU) 2022/2104 supplementing Regulation (EU) No 1308/2013 of the European Parliament and of the Council with regard to marketing standards for olive oil. http://data.europa.eu/eli/reg_del/2024/1401/oj
(2) Dario Dongo, Giulia Pietrollini. Marketing of olive oils, EU Reg. 2022/2104. Food Times. 20.11.22
(3) Dario Dongo, Giulia Pietrollini. Olive oils, compliance checks. EU Reg. 2022/2105. Food Times. 11.12.22
(4) 2015 International Agreement on Olive Oil and Table Olives. http://data.europa.eu/eli/agree_internation/2016/1892/oj
(5) Council Decision (EU) 2019/848 of 17 May 2019 on the conclusion on behalf of the European Union of the 2015 International Agreement on Olive Oil and Table Olives. http://data.europa.eu/eli/dec/2019/848/oj
(6) IOC. Trade standard applicable to olive oil and table olives – Decision No DEC-III.2/116-VI/2022. https://www.internationaloliveoil.org/wp-content/uploads/2022/12/DEC-III.2-116-COMMERCIAL-STANDARD-REV-19-EN.pdf
(7) IOC. Trade standard applicable to olive oil and table olives – Standard IOC/T.15/NC No 3/ Rev.19/2022. https://www.internationaloliveoil.org/wp-content/uploads/2023/10/NC-REV19-IT.pdf
(8) Council Decision (EU) 2022/2391 of 25 November 2022 on the position to be adopted on behalf of the European Union within the Council of the Members of the International Olive Council concerning the marketing standard for olive oils and olive-pomace oils. http://data.europa.eu/eli/dec/2022/2391/oj
(9) Proposal for a COUNCIL DECISION on the position to be adopted on behalf of the European Union within the Council of the Members of the International Olive Council (IOC) regarding two methods of analysis and the marketing standard applicable to olive oils and olive-pomace oils (COM/2024/194 final). https://eur-lex.europa.eu/legal-content/IT/TXT/?uri=CELEX:52024PC0194
(10) IOC. Sensory analysis of olive oil – Method for organoleptic assessment of virgin olive oils – IOC/T.20/Doc. no.15/Rev. 10/2018. https://www.internationaloliveoil.org/wp-content/uploads/2023/01/COI-T20-Doc.-15-REV-10-2018-ITfl_rev1-1.pdf
(11) IOC. Determination of the content of waxes and methyl and ethyl esters of fatty acids by capillary column gas chromatography – IOC/T.20/Doc. no.28/Rev. 3/2022. https://www.internationaloliveoil.org/wp-content/uploads/2022/12/COIT20Doc.n28Rev-3-ENG.pdf
Dario Dongo, lawyer and journalist, PhD in international food law, founder of WIISE (FARE - GIFT - Food Times) and Égalité.
Graduated in Food Technologies and Biotechnologies, qualified food technologist, he follows the research and development area. With particular regard to European research projects (in Horizon 2020, PRIMA) where the FARE division of WIISE Srl, a benefit company, participates.
