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( 1 ) OJ NO 172 , 30 . 9 . 1966 , P . 3025/66 .

( 2 ) OJ NO L 186 , 19 . 7 . 1980 , P . 1 .

( 3 ) OJ NO L 128 , 24 . 5 . 1977 , P . 6 .

( 4 ) OJ NO L 370 , 30 . 12 . 1978 , P . 62 .

COMMISSION REGULATION ( EEC ) NO 2538/80

OF 1 OCTOBER 1980

AMENDING FOR THE SECOND TIME REGULATION ( EEC ) NO 1058/77 ON THE CHARACTERISTICS OF OLIVE OIL AND OF CERTAIN PRODUCTS CONTAINING OLIVE OIL AND AMENDING THE COMMON CUSTOMS TARIFF NOMENCLATURE AS REGARDS OLIVE OIL

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 ( 1 ), AS LAST AMENDED BY REGULATION ( EEC ) NO 1917/80 ( 2 ), AND IN PARTICULAR ARTICLES 14 ( 4 ) AND 19 ( 3 ) THEREOF ,

WHEREAS ANNEX I TO COMMISSION REGULATION ( EEC ) NO 1058/77 ( 3 ), AS AMENDED BY REGULATION ( EEC ) NO 3132/78 ( 4 ), SPECIFIED THE CHARACTERISTICS OF THE VARIOUS TYPES OF OLIVE OIL ; WHEREAS , IN PRACTICE , CERTAIN PROBLEMS ARISE AS REGARDS THE CLASSIFICATION OF VIRGIN OLIVE OILS AND VIRGIN LAMPANTE OLIVE OILS ; WHEREAS , THEREFORE , ANNEX I SHOULD BE ADAPTED AND ANNEX III CONCERNING ADDITIONAL NOTES TO THE COMMON CUSTOMS TARIFF SHOULD CONSEQUENTLY BE AMENDED ;

WHEREAS THE MEASURES PROVIDED FOR IN THIS REGULATION ARE IN ACCORDANCE WITH THE OPINION OF THE MANAGEMENT COMMITTEE FOR OILS AND FATS ,

HAS ADOPTED THIS REGULATION :

ARTICLE 1

REGULATION ( EEC ) NO 1058/77 IS HEREBY AMENDED AS FOLLOWS :

1 . IN ANNEX I , POINTS 1 AND 2 ARE REPLACED BY THE TEXT SET OUT IN ANNEX I TO THIS REGULATION ;

2 . IN ANNEX III , THE TEXT OF ADDITIONAL NOTE 2 ( B ) I AND II IS REPLACED BY THE TEXT SET OUT IN ANNEX II TO THIS REGULATION .

ARTICLE 2

THIS REGULATION SHALL ENTER INTO FORCE ON THE DAY OF ITS PUBLICATION IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES .

IT SHALL APPLY WITH EFFECT FROM 1 NOVEMBER 1980 .

THIS REGULATION SHALL BE BINDING IN ITS ENTIRETY AND DIRECTLY APPLICABLE IN ALL MEMBER STATES .

DONE AT BRUSSELS , 1 OCTOBER 1980 .

FOR THE COMMISSION

FINN GUNDELACH

VICE-PRESIDENT

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ANNEX I

CHARACTERISTICS OF OLIVE OILS

1 . FOR THE PURPOSES OF SUBHEADING 15.07 A I A ) OF THE COMMON CUSTOMS TARIFF , ' VIRGIN OLIVE OIL ' MEANS NATURAL OLIVE OIL HAVING THE FOLLOWING CHARACTERISTICS :

( A ) A FREE FATTY ACID CONTENT , EXPRESSED AS OLEIC ACID , NOT GREATER THAN 3.3 % ;

( B ) A K270 EXTINCTION COEFFICIENT ( ABSORPTION UNDER A THICKNESS OF 1 CM OF SOLUTION OF 1 G OF OIL PER 100 ML IN ISO-OCTANE ( 2,2,4-TRIMETHYLPENTANE ) AT A WAVELENGTH OF 270 NM ) NOT HIGHER THAN 0.25 AND , AFTER TREATMENT OF THE SAMPLE OF OIL WITH ACTIVATED ALUMINA , NOT HIGHER THAN 0.11 ;

( C ) AN EXTINCTION COEFFICIENT VARIATION , IN THE 270 NM REGION , NOT HIGHER THAN 0.01 .

THIS VARIATION IS DEFINED BY :

UE K À KM - 0.5 ( KM - 4 + KM+4 )

WHERE KM IS THE EXTINCTION COEFFICIENT AT THE WAVELENGTH OF THE MAXIMUM OF THE ABSORPTION CURVE IN THE 270 NM REGION , AND

KM - 4 AND KM+4 ARE THE EXTINCTION COEFFICIENTS AT WAVELENGTHS 4 NM LOWER AND HIGHER , RESPECTIVELY , THAN THAT OF KM ;

( D ) NEGATIVE BELLIER AND MODIFIED VIZERN REACTIONS , DETERMINED BY THE METHODS SPECIFIED IN ANNEX V , SECTIONS A AND B ;

( E ) NEGATIVE SOAP TEST CARRIED OUT ACCORDING TO THE METHOD DESCRIBED IN ANNEX VI ;

( F ) SUCH A TASTE THAT IT IS SUITABLE IN THAT STATE FOR IMMEDIATE CONSUMPTION .

2 . FOR THE PURPOSES OF SUBHEADING 15.07 A I B ) OF THE COMMON CUSTOMS TARIFF , ' VIRGIN LAMPANTE OIL ' , WHATEVER ITS ACIDITY , MEANS OLIVE OIL :

- EITHER HAVING THE FOLLOWING CHARACTERISTICS :

( A ) A K270 EXTINCTION COEFFICIENT HIGHER THAN 0.25 AND , AFTER TREATMENT OF THE SAMPLE WITH ACTIVATED ALUMINA , NOT HIGHER THAN 0.11 .

SOME OILS HAVING A FREE FATTY ACID CONTENT , EXPRESSED AS OLEIC ACID , OF MORE THAN 3.3 % MAY HAVE , AFTER PASSAGE THROUGH ACTIVATED ALUMINA , A K270 EXTINCTION COEFFICIENT HIGHER THAN 0.11 . IF SO , AFTER NEUTRALIZATION AND DECOLORIZATION IN THE LABORATORY BY THE METHOD SPECIFIED IN ANNEX IV , THEY MUST HAVE THE FOLLOWING CHARACTERISTICS :

- A K270 EXTINCTION COEFFICIENT NOT HIGHER THAN 1.10 ,

- AN EXTINCTION COEFFICIENT VARIATION , IN THE 270 NM REGION , HIGHER THAN 0.01 BUT NOT HIGHER THAN 0.16 ;

( B ) NEGATIVE BELLIER AND MODIFIED VIZERN REACTIONS , DETERMINED BY THE METHODS SPECIFIED IN ANNEX V , SECTIONS A AND B ;

( C ) NEGATIVE SOAP TEST CARRIED OUT ACCORDING TO THE METHOD DESCRIBED IN ANNEX VI ,

- OR HAVING THE CHARACTERISTICS UNDER 1 ( A ), ( B ), ( C ), ( D ) AND ( E ), BUT A TASTE WHICH RENDERS IT UNSUITABLE IN THAT STATE FOR IMMEDIATE CONSUMPTION .

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ANNEX II

B . UNTREATED OLIVE OIL MEANS OIL WITH CHARACTERISTICS AS DEFINED IN SECTIONS I , II AND III BELOW .

I . FOR THE PURPOSES OF SUBHEADING 15.07 A I A ) ' VIRGIN OLIVE OIL ' MEANS NATURAL OLIVE OIL OBTAINED EXCLUSIVELY BY MECHANICAL PROCESSES , INCLUDING PRESSURE , BUT DOES NOT INCLUDE MIXTURES WITH OLIVE OIL OBTAINED OTHERWISE , HAVING THE FOLLOWING CHARACTERISTICS :

( A ) A FREE FATTY ACID CONTENT , EXPRESSED AS OLEIC ACID , NOT GREATER THAN 3.3 % ;

( B ) A K270 EXTINCTION COEFFICIENT ( ABSORPTION UNDER A THICKNESS OF 1 CM OF SOLUTION OF 1 G OF OIL PER 100 ML IN ISO-OCTANE ( 2,2,4-TRIMETHYLPENTANE ) AT A WAVELENGTH OF 270 NM ) NOT HIGHER THAN 0.25 AND , AFTER TREATMENT OF THE SAMPLE OF OIL WITH ACTIVATED ALUMINA , NOT HIGHER THAN 0.11 ;

( C ) AN EXTINCTION COEFFICIENT VARIATION , IN THE 270 NM REGION , NOT HIGHER THAN 0.01 .

THIS VARIATION IS DEFINED BY :

UE K À KM - 0.5 ( KM - 4 + KM+4 )

WHERE KM IS THE EXTINCTION COEFFICIENT AT THE WAVELENGTH OF THE MAXIMUM OF THE ABSORPTION CURVE IN THE 270 NM REGION , AND

KM - 4 AND KM+4 ARE THE EXTINCTION COEFFICIENTS AT WAVELENGTHS 4 NM LOWER AND HIGHER , RESPECTIVELY , THAN THAT OF KM ;

( D ) NEGATIVE BELLIER AND MODIFIED VIZERN REACTIONS ;

( E ) NEGATIVE SOAP TEST ;

( F ) SUCH A TASTE THAT IT IS SUITABLE IN THAT STATE FOR IMMEDIATE CONSUMPTION .

II . FOR THE PURPOSES OF SUBHEADING 15.07 A I B ) ' VIRGIN LAMPANTE OIL ' , WHATEVER ITS ACIDITY , MEANS OLIVE OIL :

- EITHER HAVING THE FOLLOWING CHARACTERISTICS :

( A ) A K270 EXTINCTION COEFFICIENT HIGHER THAN 0.25 AND , AFTER TREATMENT OF THE SAMPLE WITH ACTIVATED ALUMINA , NOT HIGHER THAN 0.11 .

SOME OILS HAVING A FREE FATTY ACID CONTENT , EXPRESSED AS OLEIC ACID , OF MORE THAN 3.3 % MAY HAVE , AFTER PASSAGE THROUGH ACTIVATED ALUMINA , A K270 EXTINCTION COEFFICIENT HIGHER THAN 0.11 . IF SO , AFTER NEUTRALIZATION AND DECOLORIZATION IN THE LABORATORY , THEY MUST HAVE THE FOLLOWING CHARACTERISTICS :

- A K270 EXTINCTION COEFFICIENT NOT HIGHER THAN 1.10 ,

- AN EXTINCTION COEFFICIENT VARIATION , IN THE 270 NM REGION , HIGHER THAN 0.01 BUT NOT HIGHER THAN 0.16 ;

( B ) NEGATIVE BELLIER AND MODIFIED VIZERN REACTIONS ;

( C ) NEGATIVE SOAP TEST ,

- OR HAVING THE CHARACTERISTICS UNDER 1 ( A ), ( B ), ( C ), ( D ) AND ( E ), BUT A TASTE WHICH RENDERS IT UNSUITABLE IN THAT STATE FOR IMMEDIATE CONSUMPTION .