by Enzo Gambin and Antonio Volani
The Ministerial Decree of 7 October 2021 currently represents the central reference for the recognition of tasting panels and for the management of the national list of technicians and experts on virgin and extra virgin olive oils, established by Law 313/1998.
A few years after its entry into force, the the regulatory framework is clear, often, it is the minus its practical interpretationFrom a legal perspective, a Decree is a regulatory act issued to implement a law, which means it's not a choice, but a binding rule. The difference between a law and a regulation concerns the source, not its effectiveness.
The provisions of the Decree must be respected by all recipients, within the limits of the law that supports it.
The Decree introduces a dynamic qualification model, where tasters are no longer registered for life, but must demonstrate that they maintain their skills over time.
La Confirmation of registration occurs every three years and requires both the interested party's willingness and documentation of the activity carried out during the reference period. This activity must be consistent with European standards and may consist of: participation in recognized panels, in the performance of stasting sessions or qualified training activitiesGeneric self-declarations or activities that cannot be traced back to official methodologies are not enough, it is verifiable documentation is required, as the panel leader's attestation.
Over time, some incorrect interpretations have spread, one of the most frequent is the idea that the Decree is not mandatory because it is not a lawThis is a misunderstanding, since the Decree draws its force from a law and has binding effects like any regulation.
A second misunderstanding concerns the relationship between obligation and controls, the presence or absence of administrative checks does not affect the existence of the obligation, but only its concrete application.
A third misunderstanding concerns the nature of the activity requested, is sometimes interpreted in a reductive way, while the Decree requires qualified activity, carried out according to official protocols and supported by adequate documentation.
The idea that registration in the register is an acquired right remains widespread, when in fact the Decree defines it as a legal position subordinate to the continuity of the activity carried out.
At the implementation level, the management of the system involves various institutional entities, resulting in operating methods that are not always homogeneous, such as more rigorous procedures in some areas, more flexible practices in others. This disparity fuels uncertainty and behaviors that are not always aligned with regulatory requirements.
The current trend, however, is toward greater standardization and stronger controls. Therefore, it is prudent to adopt a fully regulatory-compliant approach, based on business continuity, adequate documentation, and compliance with deadlines.
The Decree of 7 October 2021 marks an important cultural transition: It is not enough to have acquired a skill, it is necessary to keep it aliveThe current critical issues do not arise from the law, but from its interpretation: understanding its legal nature and effects is essential to ensuring consistency, reliability, and credibility across the entire tasting system.
