CELEX: 31975R3366
Language: en
Date: 1975-12-23 00:00:00
Title: Regulation (EEC) No 3366/75 of the Commission of 23 December 1975 amending Commission Regulations (EEC) No 616/72 and (EEC) No 618/72 and the Common Customs Tariff Nomenclature in respect of olive oil

30 . 12 . 75                                    Official Journal of the European Communities                           No L 333/ 13
                                  REGULATION ( EEC) No 3366/75 OF THE COMMISSION
                                                             of 23 December 1975
                  amending Commission Regulations ( EEC) No 616/72 and (EEC) No 618/72 and
                            the Common Customs Tariff Nomenclature in respect of olive oil
THE COMMISSION OF THE EUROPEAN                                             oil on the world market is frequently at a level which
COMMUNITIES,                                                               differs considerably from those of other unrefined
                                                                           olive oils ; whereas this situation leads to the fixing of
                                                                           an inadequate import levy for certain types of oil ;
Having regard to the Treaty establishing the European
Economic Community ;                                                      Whereas Commission Regulation (EEC) No 61 8/72 (6)
                                                                           of 29 March 1972 on the characteristics of olive oil
                                                                           and of certain products containing olive oil lays down
Having regard to Council Regulation No 136/                                the conditions governing the classification of olive oil
66/ EEC (') of 22 September 1966 on the establish­                         in the Common Customs Tariff ;
ment of a common organization of the market in oils
and fats, as last amended by Regulation (EEC) No                          Whereas the Tariff Nomenclature resulting from the
 1 707/73 (2 ), and in particular Articles 13 (4) and 18 (3)               application of Regulation No 136/66/ EEC is set out
thereof ;
                                                                           in the Common Customs Tariff annexed to Regula­
                                                                           tion (EEC) No 950/68 (7), as last amended by Regula­
                                                                           tion (EEC) No 3000/75 (8) of 17 November 1975 ;
Having regard to Council Regulation No 162/
66/ EEC (3 ) of 27 October 1966 on trade in oils and
fats between the Community and Greece, and in parti­                       Whereas Commission Regulation (EEC) No 616/72 (9)
cular Articles 3 (4) and 9 thereof ;
                                                                           of 27 March 1972 on detailed rules for the application
                                                                           of export refunds and levies on olive oil, as amended
                                                                           by Regulation (EEC) No 2563/72 (10), must be
                                                                           amended accordingly ;
Having regard to Council Regulation No 171 /
67/ EEC (4 ) of 27 June 1967 on export refunds and
levies on olive oil , as last amended by Regulation                        Whereas the measures provided for in this Regulation
( EEC) No 2429/72 (5) of 21 November 1972, and in                          are in accordance with the Opinion of the Manage­
particular Article 1 1 thereof ;                                           ment Committee for Oils and Fats ,
Whereas all unrefined olive oils are currently included
under subheading 15.07 A II of the Common
                                                                           HAS ADOPTED THIS REGULATION :
Customs Tariff ; whereas, therefore, a single levy is
fixed for these products ;
                                                                                                         Article 1
Whereas, in order that the levy may achieve its objec­
tive completely, it should be varied according to the
various type of oil ; whereas to this end subheading                       The Common Customs Tariff annexed to Regulation
 15.07 A II of the Common Customs Tariff should be                         (EEC) No 950 / 68 is amended as follows :
subdivided , and a distinction should be drawn among
those products according to their chemical characteris­
tics ;                                                                      1 . Additional Note 2 to Chapter 15 is replaced by
                                                                                Additional Note 2 contained in the Annex to this
                                                                                 Regulation .
Whereas experience has shown that the offer price for
oil from residues resulting from the extraction of olive                   2 . Subheading 15.07 A is amended to read as follows :
  ') O ) No 172 , 30 . 9 . 1966 , p . 3025/ 66 .                           ( o) OJ  No  L 78 , 31 . 3 . 1972, p. 5 .
  -) OJ   No  1 . 1 75, 29 . 6 . 1973 , p . 5 .                            ( 7) OJ  No  L 172, 22 . 7 . 1968 , p . 1 .
  ') O 'l No  197, 29 . 10 . 1966, p. 3393/66 .                            (s ) OJ  No  L 304, 24. 11 . 1 975 , p . 1
  ') OJ   No  130 , IX . 6 . 1967, p. 2600/67.                             O    OJ  No  L 78 , 31 . 3 . 1972, p . 1 .
  ") OJ   No  1. 264, 23 . I I. 1972, p. 1 .                               ( 10) OJ No L 274, 7 . 12. 1972, p. 1 1
 ---pagebreak--- No L 333/ 14                        Official Journal of the European Communities                                         30. 12. 75
                                                                                                 Rate of duty
                  CCT
                                             Description of goods                 Autonomous %              Conventional
              heading No
                                                                                    or levy ( L)                %
                    1                                  2                                 3                       4
           15.07           A. Olive oil :
                                I. Having undergone a refining process :
                                    a) Obtained by refining virgin olive oil ,
                                       whether or not blended with virgin
                                       olive oil                                     20 (L)
                                    b) Other                                         20 (L)                     —
                               II . Other :
                                    a) Virgin olive oil                               20 (L)
                                    b) Other                                          20 ( L)                   —
                                                              Article 2
           Article 2 of Regulation (EEC) No 616/72 is cancelled .
                                                              Article 3
           1.     Article 1 (4) of Regulation (EEC) No 618 /72 is amended as follows :
                'The oils to be regarded as oils from olive residues, that is to say oils falling within
                subheading ex 15.07 A II b), shall be those having the characteristics of which are set
                out in paragraph 4 of Annex I to this Regulation .'
           2. The text of Annex I to Regulation (EEC) No 618 /72, apart from the provisions of
           the methods of analysis, is replaced by Annex II to this Regulation .
                                                              Article 4
           This Regulation shall enter into force on the 15th working day following its publication
           in the Official Journal of the European Communities.
           This Regulation shall be binding in its entirety and directly applicable in all Member
           States .
           Done at Brussels , 23 December 1 975 .
                                                                               For the Commission
                                                                                Finn GUNDELACH
                                                                         Member of the Commission
 ---pagebreak--- 30 . 12 . 75                          Official Journal of the European Communities                        No L 333/ 15
                                                          ANNEX I
                         Additional Notes to Chapter 15 of the Common Customs Tariff
2. A. For the purposes of subheading 15.07 A, 'olive oil ' means oil derived solely from the treatment of olives,
         excluding re-esterified olive oil and mixtures of olive oil with other oils.
    B. Subheading 15.07 A la) covers olive oil obtained by refining virgin olive oil, whether or not blended with
         virgin olive oil, and having the following characteristics :
         (a) a free fatty acid content, expressed as oleic acid, not exceeding 3 % ;
         (b) a K270 extinction coefficient (absorption under a thickness of 1 cm of a solution of 1 g of oil per 100 ml
              in iso-octane (2,2,4-trimethylpentane) at a wavelength of 270 nm), higher than 0-25 but not higher than
              1-10 and, after treatment of the sample of oil with activated alumina, higher than 0-11 ;
         (c) an extinction coefficient variation, in the 270 nm range, higher than 0-01 but not higher than 0-16.
              This variation is defined by :
                                              A K = Km — 0.05 (Km — 4 -h Km + 4^
              where
            Km                    is the extinction coefficient at the wavelength of the maximum of the absorption
                                  curve in the 270 nm range and
           Km — 4 and Km + 4 are the extinction coefficients at wavelengths 4 nm lower and higher, respectively
                                  than that of Km ;
         (d) no positive reaction of oils from olive residues.
     C. Subheading 15.07 Alb) covers olive oil having :
         (a) the characteristics mentioned in paragraphs 2 B (a) to (c) and a positive reaction of oils from olive resi­
              dues ; or
         (b) the characteristics mentioned in paragraph 2 B (a) and a K270 extinction coefficient higher than 1-10
              but not higher than 2-00, and an extinction coefficient variation in the 270 nm range not higher than
              0-20.
     D. For the purposes of subheadings 15.07 Ala) and 15.07 A II a), 'virgin olive oil ' means natural olive oil
          obtained exclusively by mechanical processes, including pressure, a part from mixtures with olive oil
          obtained otherwise, and having the following characteristics :
          (a) a K270 extinction coefficient after treatment of the sample of oil on activated alumina, not higher than
               0-1 1 ;
               in exceptional cases certain oils of high acidity, after being passed over activated alumina, may have a
               K270 extinction coefficient higher than 0-11. In such cases, after neutralization and decolourization in
               the laboratory, they must have the characteristics of the oils falling within subheading 15.07 Ala) of
               the Common Customs Tariff ;
          (b) an extinction coefficient variation, in the 270 nm range, not higher than 0-01 ;
          (c) no positive reaction of oils from olive residues.
 ---pagebreak--- No L 333/ 16                         Official Journal of the European Communities                                         30. 12. 75
                                                             ANNEX II
                            Characteristics of the olive oil falling within subheading 15.07 A
           1 . Olive oil obtained by refining virgin olive oil, whether or not blended with virgin olive oil, and
               having the following characteristics, falls within subheading 1 5.07 A I a) :
               (a) a free fatty acid content expressed as oleic acid of not more than 3 % ;
               (b) a K.270 extinction coefficient (absorption under a thickness of 1 cm of a solution of 1 g of oil
                   in 100 ml of iso-octane (2,2,4-trimethylpentane) at a wavelength of 270 nm), higher than 0-25
                   but not higher than 1.10 and, after treatment of the sample of oil with activated alumina,
                   higher than 0.1 1 ;
               (c) an extinction coefficient variation, in the 270 nm range, higher than 0 01 and not higher than
                   0.16 .
                   This variation is defined by :
                                                  AK = 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 range and
                   Km_4 and Km + 4 are the extinction coefficients at wavelengths 4 nm lower and higher, respec­
                   tively, than that of Km ;
               (d) no positive reaction of oils from olive residues.
           2. Olive oil falls within subheading 15.07 Alb):
               (a) if it has the characteristics referred to under paragraph 1 (a) to (c) and a positive reaction of oils
                    from olive residues ;
               (b) if it has the characteristics referred to under paragraph 1 (a) and a K.270 extinction coefficient
                    higher than 1.10 but not higher than 2 00 and an extinction coefficient variation in the 270
                    nm range not higher than 0-20 .
           3. The expression 'virgin olive oil' is taken to mean natural olive oil obtained exclusively by mechan­
               ical processes, including pressure, apart from mixtures with olive oil obtained otherwise, and
               having the following characteristics :
               (a) a K270 extinction coefficient, after treatment of the sample of oil with activated alumina, not
                    higher than 0.1 1 ;
                    in exceptional cases certain oils of high acidity, after being passed over activated alumina, may
                    have a K270 extinction coefficient higher than 0-11 ;
                   in such cases, after neutralization and decolourization in the laboratory, they must have the
                   characteristics of the oils referred to in paragraph 1 ;
               (b) an extinction coefficient variation, in the 270 nm range, not higher than 0-01 ;
               (c) no positive reaction of oils from olive residues .
           4. Olive oil having the following characteristics shall be considered as 'oils from residues resulting
               from the subtraction of olive oil' falling within subheading ex 15.07 A II b) :
               (a) a free fatty acid content expressed as oleic acid of more than 3 % ; and
               (b) a positive reaction of oils from olive residues or, after neutralization and decolourization in the
                   laboratory, the characteristics of the oils referred to under paragraph 2 (b).