COMMISSION REGULATION (EEC) N° 4055/87 of 22 December 1987 amending Council Regulation (EEC) N° 3035/80 laying down general rules for granting export refunds on certain agricultural products exported in the form of goods not covered by Annex II to the Treaty, and the criteria for fixing the amount of such refunds

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Economic Community,

Having regard to Council Regulation (EEC) N° 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff(1), as amended by Regulation (EEC) N° 3985/87(2), and in particular Article 15 thereof,

Whereas the Community is a signatory to the International Convention on the Harmonized Commodity Description and Coding System, hereinafter referred to as the 'Harmonized System', which is intended to replace the Convention of 15 December 1950 on N°menclature for the Classification of Goods in Customs Tariffs;

Whereas, from 1 January 1988, a combined commodities nomenclature will be introduced, based on the Harmonized System nomenclature, which will meet the requirements both of the Common Customs Tariff and the statistics relating to the Community's external and internal trade;

Whereas the tariff nomenclature arising from the application of Council Regulation (EEC) N° 3035/80(3), as last amended by Regulation (EEC) N° 2223/86(4), appears in the Common Customs Tariff; whereas the descriptions of goods and the tariff heading numbers which appear in the said Regulation should, accordingly, be expressed in the terms of the combined nomenclature based on the Harmonized System,

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EEC) N° 3035/80 is hereby amended as follows:

1.Article 1 (2) is replaced by the following:

'2. For the purposes of this Regulation:

(a)-potato starch falling within subheading 1108 13 of the combined nomenclature,

-starch (1108 14 and 1108 19 90) of roots and tubers falling within heading 0714 of the combined nomenclature,

-flour and meal falling within subheading 1106 20 of the combined nomenclature,

shall be assimilated to maize starch falling within subheading 1108 12 of the combined nomenclature;

(b)whey falling within subheading 0404 10 91 of the combined nomenclature, not concentrated, shall be assimilated to powdered whey meeting the description of the pilot product for Group 1 shown in Annex I to Council Regulation (EEC) N° 2915/79 of 18 December 1979 determining the groups of products and the special provisions for calculating levies on milk and milk products(1),

(c)-milk and the products falling within subheadings 0403 10 11 and 0403 90 51 of the combined nomenclature, not concentrated nor containing added sugar or other sweetening matter, of a milk fat content, by weight, not exceeding 0,1 %,

-milk and the products falling within subheadings 0403 10 11 and 0403 90 11 of the combined nomenclature, in powder, granules or other solid forms, not containing added sugar or other sweetening matter, of a milk fat content, by weight, of less than 1,5 %,

shall be assimilated to milk powder meeting the description of the pilot product for Group 2 shown in Annex I to Regulation (EEC) N° 2915/79;

(d)-milk and cream and the products falling within subheadings 0403 10 11, 0403 10 13, 0403 90 51 and 0403 90 53 of the combined nomenclature, not concentrated nor containing added sugar or other sweetening matter, of a milk fat content, by weight, exceeding 0,1 % but not exceeding 6 %,

-milk and cream and the products falling within subheadings 0403 10 11, 0403 10 13, 0403 10 19, 0403 90 13 and 0403 90 19 of the combined nomenclature, in powder, granules or other solid forms, not containing added sugar or other sweetening matter, of a milk fat content, by weight, not less than 1,5 %,

shall be assimilated to milk powder meeting the description of the pilot product for Group 3 shown in Annex I to Regulation (EEC) N° 2915/79;

(e)-milk and cream and the products falling within subheadings 0403 10 19 and 0403 90 59 of the combined nomenclature, not concentrated nor containing added sugar or other sweetening matter, of a milk fat content, by weight, exceeding 6 %,

-butter and other milk fats with a milk fat content by weight other than 82 % but not less than 62 %,

shall be assimilated to butter meeting the description of the pilot product for Group 6 shown in Annex I to Regulation (EEC) N° 2915/79;

(f)-milk and cream and the products falling within subheadings 0403 10 11 to 0403 10 39 and 0403 90 51 to 0403 90 59 of the combined nomenclature, concentrated, other than in powder, granules or other solid forms, not containing added sugar or other sweetening matter,

-cheese,

shall be assimilated to:

i(i)milk powder meeting the description of the pilot product for Group 2 shown in Annex I to Regulation (EEC) N° 2915/79, for the non-fat part of the dry matter content of the relevant product; and (ii)butter meeting the description of the pilot product for Group 6 shown in Annex I to Regulation (EEC) N° 2915/79 for the milk fat part of the relevant product;

(g)with regard to the beet or cane syrups referred to in Annex A, account shall be taken of:

i(i)the sucrose content (including invert sugar expressed as sucrose) of the syrup in question, where the latter is not less than 98 % pure,

(ii)the extractable sugar content of the syrup content in question, where the latter is not less than 85 % but less than 98 % pure.

The purity and the extractable sugar content of the syrups in question shall be calculated in accordance with the first and second subparagraphs of Article 1 (5) of Commission Regulation (EEC) N° 1443/82(2).

(¹)OJ N° L 329, 24. 12. 1979, p. 1.

(²)OJ N° L 158, 9. 6. 1982, p. 17.' 2.In Article 2 (2) '29.04' and '38.19' are replaced by subheadings '2905 44' and '3823 60' of the combined nomenclature.

3.Article 3:

-the first indent of paragraph 1 (a) is replaced by the following:

'-6,06 kg of the pilot product of Group 1 shall correspond to 100 kg of whey, not concentrated, falling within subheading 0404 10 91 of the combined nomenclature.' -the second indent of paragraph 1 (a) is replaced by the following:

'-8,62 kg of the pilot product of Group 2 shall correspond to 100 kg of milk and of the products falling within subheadings 0403 10 11 and 0403 90 51 of the combined nomenclature, not concentrated, nor containing added sugar or other sweetening matter, of a milk fat content, by weight, not exceeding 0,1 %,' -the third indent of paragraph 1 (a) is replaced by the following:

'-1,01 kg of the pilot product of Group 2 shall correspond to the non-fat part of 100 kg of milk or cream and of the products falling within subheadings 0403 10 11 to 0403 10 39 and 0403 90 51 to 0403 90 59 of the combined nomenclature, concentrated, other than in powder, granules or other solid forms, not containing added sugar or other sweetening matter, per 1 % weight of non-fat dry matter contained in the concentrated product,' -the sixth indent of paragraph 1 (a) is replaced by the following:

'-1,22 kg of the pilot product of Group 6 shall correspond to the fat part of 100 kg of milk or cream or of the products falling within subheadings 0403 10 11 to 0403 10 39 and 0403 90 51 to 0403 90 59 of the combined nomenclature, concentrated, other than in powder, granules or other solid forms, not containing added sugar or other sweetening matter, per 1 % by weight of milk fat contained in the concentrated product,' -in the second subparagraph of paragraph 1 (b), '22.09 C' is replaced by '2208',

-in the second subparagraph of paragraph 1 (c), '22.09 C' is replaced by '2208'.

4.Article 4:

-in paragraph 4, '22.09 C' is replaced by '2208',

-in paragraph 5, '35.01 A' is replaced by '3501 10', '35.01 C', is replaced by '3501 90 90' and '35.02 A II a)' is replaced by '3502 10',

-in paragraph 7, '19.03' is replaced by '1902 11, 1902 19 and 1902 40 10'.

5.In Article 5:

-in the first indent of paragraph 2, '04.05 A I b) and ex 04.05 B I' is replaced by '0407 00 30 and ex 0408',

-in the second indent of paragraph 2, '04.05 A I b)' is replaced by '040700 30' and 'ex 35.02 A II a)' is replaced by '3502 10'.

6.In Article 8:

-in the third indent of paragraph 3, '19.03 A' is replaced by '1902 11',

-in the fourth indent of paragraph 3, '29.04 C III a) 2 and b) 2, and 38.19 T I b) and II b)' is replaced by '2905 44 19, 3823 60 19 and 3823 60 99',

-in the fifth indent of paragraph 3, '29.44 A' is replaced by '2941 10',

-in the sixth indent of paragraph 3, '35.01 C' is replaced by '3501 90 90'.

7.Annexes A, B, C and D are replaced by Annexes A, B, C and D to this Regulation.

Article 2

This Regulation shall enter into force on 1 January 1988.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 22 December 1987.

For the CommissionCOCKFIELDVice-President

(1)OJ N° L 256, 7. 9. 1987, p. 1.

(2)OJ N° L 376, 31. 12. 1987, p. 1.

(3)OJ N° L 323, 29. 11. 1980, p. 27.

(4)OJ N° L 194, 17. 7. 1986, p. 1.

ANNEX A

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ANNEX B

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Cereals Rice Eggs Sugar,

or molasses isoglucose Milk and milkproducts

ANNEX C

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Common wheat Durum wheat Maize Husked rice Long grain Bleached rice Round grain Barley White sugar Whey (PG 1) Skimmed milk powder (PG 2) Eggs in shell

ANNEX D

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31. 12. 87 Official Journal of the European Communities N° L 379/