No L 327/28 Official Journal of the European' Communities 13. 11. 92 COMMISSION REGULATION (EEC) No 3288/92 of 12 November 1992 amending Regulation (EEC) No 2568/91 on the characteristics of olive oil and olive-residue oil and of the relevant methods of analysis THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, Having regard to Council Regulation No 136/66/EEC of 22 September 1966 on the establishment of a common organization of the market in oils and fats ('), as as last amended by Regulation (EEC) No 2046/92 (%), and in particular Article 35a thereof, Whereas Commission Regulation (EEC) No 2568/91 (3, as last amended by Regulation (EEC) No 1996/92 (%), defines in particular the organoleptic characteristics of virgin olive oil and the method for assessing those charac- teristics ; Whereas, on account of studies under way, the period during which the Member States may use tested, scientifi- cally valid national analysis methods should be extended ; Whereas, to make it easier for the trade to adapt to the quality standards on the sensory characteristics of the various types of virgin olive oil for consumption, the method in question should be introduced gradually; whereas there should therefore be a degressive tolerance for a suitable period for the grading of certain types of virgin olive oil; Whereas, in order for this method to be applied uniformly throughout the Community, the criteria used by the Member States to approve panels of tasters respon- sible for official checks on the organoleptic qualities of olive oil should be defined ; whereas for the same reason the systems of penalities to be applied where irregularities are detected should be harmonized ; Whereas to facilitate trade there should be provision for appeal to an approved tasting panel when disputes concerning the sensory characteristics of virgin olive oil occur; ) Whereas the method of organoleptic assessment should be apply to oil prepared for the market from 1 November 92 in order to avoid any risk of market disturbance; () OJ No 172, 30. 9. 1966, p. 3025/66. %) O No L 215, 30. 7. 1992, p. 1. O] No L 248, 5. 9. 1991, p. 1. ) OJ No L 199, 18. 7. 1992, p. 18. Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Qils and Fats, HAS ADOPTED THIS REGULATION : Article 1 Regulation (EEC) No 2568/91 is hereby amended as follows : - 1. In the first paragraph of Article 3, ‘31 October 1992’ is replaced by ‘31 December 1992’. 2. The following Articles 3a and 3b are inserted: Article 3a Where a dispute arises over the organoleptic characte- ristics of an oil being traded, the parties concerned may refer the matter to an approved tasting panel of their choice. Article 3b Where it is found that the organoleptic characteristics of an oil do not correspond to its description, the Member State concerned shall, without prejudice to any other penalties, apply administrative financial penalities, to be determined in the light of the serio- usneéss of the irregularity detected. In assessing the irregularity, attention shall be paid in particular to natural changes in the characteristics of an oil kept under normal conditions. At the beginning of each half-year, the Member States shall inform the Commission of the number and type of irregularities detected and the penalties applied during the previous half-year. 3. Article 4 is replaced by the following: ‘Article 4 1. For the purpose of assessing organoleptic charac- teristics, the Member States shall set up panels of tasters responsible for official checks on these charac- teristics. The panels shall comply with the following conditions : — they shall consist of tasters selected and trained in accordance with the rules laid down for the method set out in Annex XII, — they shall possess the facilities and equipement required to carry out organoleptic assessments in accordance with the rules laid down for that method,