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( 1 ) OJ N L 141 , 12 . 6 . 1969 , P . 1 .

( 2 ) OJ N 117 , 19 . 6 . 1967 , P . 2269/67 .

( 3 ) OJ N 174 , 31 . 7 . 1967 , P . 1 .

( 4 ) OJ N 308 , 18 . 12 . 1967 , P . 1 .

( 5 ) OJ N L 151 , 30 . 6 . 1968 , P . 3 .

REGULATION ( EEC ) N 1060/69 OF THE COUNCIL

OF 28 MAY 1969

FIXING THE QUANTITIES OF BASIC PRODUCTS CONSIDERED TO HAVE BEEN USED IN THE MANUFACTURE OF THE GOODS COVERED BY REGULATION ( EEC ) N 1059/69

THE COUNCIL OF THE EUROPEAN COMMUNITIES ,

HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ;

HAVING REGARD TO COUNCIL REGULATION ( EEC ) N 1059/69 ( 1 ) OF 28 MAY 1969 LAYING DOWN THE TRADE ARRANGEMENTS APPLICABLE TO CERTAIN GOODS RESULTING FROM THE PROCESSING OF AGRICULTURAL PRODUCTS , AND IN PARTICULAR ARTICLE 4 ( 1 ) AND THE SECOND SUBPARAGRAPH OF ARTICLE 6 ( 3 ) THEREOF ;

HAVING REGARD TO THE PROPOSAL FROM THE COMMISSION ;

WHEREAS , IN ACCORDANCE WITH ARTICLE 4 ( 1 ) OF REGULATION ( EEC ) N 1059/69 , THE COUNCIL ACTING BY A QUALIFIED MAJORITY ON A PROPOSAL FROM THE COMMISSION , MUST DETERMINE IN RESPECT OF ALL GOODS COVERED BY THAT REGULATION THE TYPE AND CHARACTERISTICS OF THE BASIC PRODUCTS WHICH MUST BE USED WHEN CALCULATING THE VARIABLE COMPONENT TO BE APPLIED TO THOSE GOODS AND THE QUANTITY OF EACH OF THESE BASIC PRODUCTS CONSIDERED TO HAVE BEEN USED IN THEIR MANUFACTURE ;

WHEREAS , IN ACCORDANCE WITH THE SECOND SUBPARAGRAPH OF ARTICLE 6 ( 3 ) OF REGULATION ( EEC ) N 1059/69 , THE COUNCIL MUST DETERMINE BY THE SAME PROCEDURE THE GOODS IN RESPECT OF WHICH THE VARIABLE COMPONENT MUST BE CALCULATED ON THE BASIS OF THE PRICE RESULTING FROM THE GRANT OF A PRODUCTION REFUND OR AN AID FOR BASIC OR ASSIMILATED PRODUCTS INSTEAD OF THE AVERAGE THRESHOLD PRICE REFERRED TO IN ARTICLE 6 ( 2 ) ( A ) OF THAT REGULATION ;

WHEREAS , PURSUANT TO ARTICLE 11 ( 1 ) ( A ) OF COUNCIL REGULATION N 120/67/EEC ( 2 ) OF 13 JUNE 1967 ON THE COMMON ORGANISATION OF THE MARKET IN CEREALS , A PRODUCTION REFUND IS GRANTED FOR MAIZE AND COMMON WHEAT USED BY THE STARCH INDUSTRY FOR THE MANUFACTURE OF STARCH AND QUELLMEHL ; WHEREAS , PURSUANT TO ARTICLE 9 ( 1 ) ( A ) OF COUNCIL REGULATION N 359/67/EEC ( 3 ) OF 25 JULY 1967 ON THE COMMON ORGANISATION OF THE MARKET IN RICE , A PRODUCTION REFUND IS GRANTED FOR BROKEN RICE USED BY THE STARCH INDUSTRY FOR THE MANUFACTURE OF STARCH AND QUELLMEHL ; WHEREAS , PURSUANT TO ARTICLE 9 ( 6 ) OF COUNCIL REGULATION N 1009/67/EEC ( 4 ) OF 18 DECEMBER 1967 ON THE COMMON ORGANISATION OF THE MARKET IN SUGAR , A PRODUCTION REFUND IS GRANTED FOR SUGARS USED IN THE MANUFACTURE OF CERTAIN PRODUCTS OF THE CHEMICAL INDUSTRY ;

WHEREAS , WHEN GOODS IN RESPECT OF WHICH THE VARIABLE COMPONENT MUST BE CALCULATED ON THE BASIS OF THE PRICE RESULTING FROM THE GRANT OF SUCH REFUNDS ARE BEING DETERMINED , THE TECHNICAL CONDITIONS UNDER WHICH THEY ARE MANUFACTURED MUST BE TAKEN INTO ACCOUNT ;

HAS ADOPTED THIS REGULATION :

ARTICLE 1

THE QUANTITIES OF BASIC PRODUCTS CONSIDERED TO HAVE BEEN USED IN THE MANUFACTURE OF THE GOODS REFERRED TO IN ARTICLE 1 OF REGULATION ( EEC ) N 1059/69 , HEREINAFTER CALLED " GOODS " , SHALL BE FIXED AS SHOWN IN THE ANNEX AGAINST THE HEADING OF THE COMMON CUSTOMS TARIFF WHICH COVERS THEM .

ARTICLE 2

FOR THE PURPOSE OF CALCULATING THE VARIABLE COMPONENTS TO BE CHARGED ON THE BASIS OF THE QUANTITIES REFERRED TO IN ARTICLE 1 :

( A ) " RICE " MEANS :

_ BROKEN RICE , IN THE CASE OF GOODS FALLING WITHIN TARIFF HEADING N 19.02 ;

_ HUSKED RICE , IN THE CASE OF OTHER GOODS ;

( B ) " SUGAR " MEANS WHITE SUGAR ;

( C ) " SKIMMED MILK POWDER " MEANS MILK POWDER COMPLYING WITH THE DEFINITION OF THE GROUP 2 PILOT PRODUCT CONTAINED IN ANNEX I TO REGULATION ( EEC ) N 823/68 ( 5 ) ;

( D ) " WHOLE MILK POWDER " MEANS MILK POWDER COMPLYING WITH THE DEFINITION OF THE GROUP 3 PILOT PRODUCT CONTAINED IN ANNEX I TO REGULATION ( EEC ) N 823/68 ;

( E ) " BUTTER " MEANS BUTTER COMPLYING WITH THE DEFINITION OF THE GROUP 6 PILOT PRODUCT CONTAINED IN ANNEX I TO REGULATION ( EEC ) N 823/68 .

ARTICLE 3

1 . THE GOODS ON WHICH A VARIABLE COMPONENT CALCULATED ON THE BASIS OF A QUANTITY OF MAIZE IS LEVIED SHALL BE CONSIDERED TO HAVE BEEN MADE FROM MAIZE COVERED BY THE PRODUCTION REFUND REFERRED TO IN ARTICLE 11 ( 1 ) ( A ) OF REGULATION N 120/67/EEC . HOWEVER , PRODUCTS OBTAINED BY THE SWELLING OR ROASTING OF CEREALS OR CEREAL PRODUCTS FALLING WITHIN HEADING N 19.05 OF THE COMMON CUSTOMS TARIFF AND CEREALS IN GRAIN OR IN EAR FORM , PRECOOKED OR OTHERWISE PREPARED , FALLING WITHIN SUB-HEADING N 21.07 A OF THE COMMON CUSTOMS TARIFF , SHALL BE CONSIDERED TO HAVE BEEN MADE FROM MAIZE NOT COVERED BY THAT PRODUCTION REFUND .

2 . PREPARATIONS OF FLOUR , STARCH OR MALT EXTRACT , OF A KIND USED AS INFANT FOOD OR FOR DIETETIC OR CULINARY PURPOSES , CONTAINING LESS THAN 50 % BY WEIGHT OF COCOA , FALLING WITHIN HEADING N 19.02 OF THE COMMON CUSTOMS TARIFF , ON WHICH A VARIABLE COMPONENT CALCULATED ON THE BASIS OF A QUANTITY OF RICE IS LEVIED , SHALL BE CONSIDERED TO HAVE BEEN MADE FROM BROKEN RICE NOT COVERED BY THE PRODUCTION REFUND REFERRED TO IN ARTICLE 9 ( 1 ) ( A ) OF REGULATION N 359/67/EEC .

3 . MANNITOL FALLING WITHIN SUB-HEADING N 29.04 C II AND SORBITOL FALLING WITHIN SUB-HEADING N 29.04 C III OF THE COMMON CUSTOMS TARIFF ON WHICH A VARIABLE COMPONENT CALCULATED ON THE BASIS OF A QUANTITY OF SUGAR IS LEVIED SHALL BE CONSIDERED TO HAVE BEEN MADE FROM WHITE SUGAR COVERED BY THE PRODUCTION REFUND REFERRED TO IN ARTICLE 9 ( 6 ) OF REGULATION N 1009/67/EEC .

ARTICLE 4

THIS REGULATION SHALL ENTER INTO FORCE ON 1 JULY 1969 .

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

DONE AT BRUSSELS , 28 MAY 1969 .

FOR THE COUNCIL

THE PRESIDENT

G . THORN

ANNEX : SEE O.J .