COMMISSION REGULATION (EEC) No 4154/87 of 22 December 1987 laying down the methods of analysis and other technical provisions necessary for the implementation of Regulation (EEC) No 3033/80 laying down the trade arrangements applicable to certain goods resulting from the processing of agricultural products
THE COMMISSION OF THE EUROPEANCOMMUNITIES, Having regard to the Treaty establishing the European Economic Community, Having regard to Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (1) as amended by Regulation (EEC) No 3985/87 (2) and in particular Article 9 thereof, Whereas Commission Regulation (EEC) No 1061/69 (3), as last amended by Regulation (EEC) No 1822/86 (4), defined the analytical methods to be used for the application of Council Regulation (EEC) No 1059/69 (5); whereas Regulation (EEC) No 1059/69 was repealed and replaced by Council Regulation (EEC) No 3033/80 (6), as last amended by Regulation (EEC) No 3743/87 (7); Whereas the procedures for implementing Regulation (EEC) No 3033/80 for imports, were prescribed by Council Regulation (EEC) No 3034/80, of 11 November 1980, fixing the quantities of basic products considered to have been used in the manufacture of goods covered by Regulation (EEC) No 3033/80 (8) amending Regulation (EEC) No 950/68 on the Common Customs Tariff, as last amended by Regulation (EEC) No 4091/87 (9); Whereas in order to take account of the scientific and technological evolution of analytical methods and to continue to ensure the uniform treatment on import into the Community of goods covered by Regulation (EEC) No 3033/80, it is appropriate to repeal and replace Regulation (EEC) No 1061/69; Whereas the measures provided for in this Regulation are in accordance with the opinion of the Nomenclature Committee, HAS ADOPTED THIS REGULATION:
Article 1
This Regulation lays down the methods of analysis necessary for the implementation of Regulations (EEC) No 3033/80 (as far as imports are concerned) and (EEC) No 3034/80, or, in the absence of a method of analysis, the nature of the analytical operations to be carried out or the principle of a method to be applied.
Article 2
In accordance with the definitions set out in Annex III to Regulation (EEC) No 3034/80 concerning:- starch/glucose, content, and - sucrose/invert sugar/isoglucose contentand for the purpose of implementing Annexes II and III to that Regulation, the following formulae, procedures and methods shall be used: 1. Starch/glucose content:(expressed as 100 % anhydrous starch content of the goods as presented)(a) (Z F) × 0,9,if the glucose content is not less than the fructose content; or(b)(Z G) × 0,9,if the glucose content is less than the fructose contentwhere:Z is the glucose content determined by the method set out in Annex I of this Regulation; Fis the fructose content determined by HPLC (high performance liquid chromatography); Gis the glucose content determined by HPLC.In case 1 (a), where the presence of a lactose hydrolysate is declared and/or quantities of lactose and galactose are detected, a glucose content equivalent to the galactose content (determined by HPLC), shall be deducted from the glucose content (Z) before any other calculation is made. 2.Sucrose/invert sugar/isoglucose content:(expressed as sucrose content of the goods as presented)(a)S + (2F) × 0,95,if the glucose content is not less than the fructose content(b)S + (G + F) × 0,95,if the glucose content is less than the fructose contentwhere:Sis the sucrose content determined by HPLC; Fis the fructose content determined by HPLC; Gis the glucose content determined by HPLC.Where the presence of a lactose hydrolysate is declared and/or quantities of lactose and galactose are detected, a glucose content, equivalent to the galactose content (determined by HPLC), shall be deducted from the glucose (G) content before any other calculation is made. 3. Milk fat content:(a) Save as otherwise provided in paragraph (b) below, the milkfat content by weight shall be determined by extraction with light petroleum after hydrolysis with hydrochloric acid.(b)Where fats other than milkfats are also declared in the composition of the goods, the following procedure shall be applied: - the percentage of weight of the total fats in the goods shall be determined as mentioned in (a) above, -the percentage of weight of butyric acid in the total fats shall be obtained by IUPAC method No 23.10 (reference: Pure and Applied Chemistry, 1986, 58, No 10 pp. 1419-1428), -the percentage by weight of milk fats in the goods shall be calculated by multiplying the percentage butyric acid content of the total fats by a factor of 27, multiplying the product by the percentage by weight of total fats in the goods and dividing by 100. 4. Milk protein content:(a) Save as otherwise provided in (b) below, the milk protein content of the goods shall be calculated by multiplying the nitrogen content (determined by the Kjeldahl method) by the factor 6,38.(b)Where components containing proteins other than milk proteins are also declared in the composition of the goods: (i) the total nitrogen content shall be determined by the Kjeldahl method; (ii)the milk protein content shall be calculated as mentioned in (a) above by subtracting from the total nitrogen content the nitrogen content corresponding to the non-milk proteins.
Article 3
For the purposes of implementing Annex I to Regulation (EEC) No 3034/80, the following methods and/or procedures shall be used: 1. For the purposes of classifying goods falling within subheadings 0403 10 51 to 0403 10 59, 0403 10 91 to 0403 10 99, 0403 90 71 to 0403 90 79 and 0403 90 91 to 0403 90 99 of the combined nomenclature, the milk fat content shall be determined by the method referred to in Article 2 (3);2.For the purposes of classifying goods falling within subheadings 1704 10 11 to 1704 10 99 and 1905 20 10 to 1905 20 90 of the combined nomenclature, the sucrose content, including invert sugar expressed as sucrose, shall be determined by an HPLC method; (invert sugar expressed as sucrose means the sum of equal amounts of glucose and fructose multiplied by 0,95);3.For the purposes of classifying goods falling within subheadings 1806 10 10 to 1806 10 90 of the combined nomenclature, the sucrose/invert sugar/isoglucose content shall be determined in accordance with the formulae, method and procedures set out in Article 2 (2);4.For the purposes of classifying goods falling within subheadings 3505 20 10 to 3505 20 90 of the combined nomenclature, the starch, dextrin or other modified starch content shall be determined by the method set out in Annex II of this Regulation;5.For the purposes of classifying goods falling within subheadings 3809 10 10 to 3809 10 90 of the combined nomenclature, the amylaceous substances shall be determined by the method set out in Annex II to this Regulation;6.For the purposes of classifying goods falling within either subheading 1901 90 11 or subheading 1901 90 19 of the combined nomenclature, the distinction shall be drawn on the basis of the dry extract determined by drying at a temperature of 103 ± 2 °C to constant weight;7.For the purposes of classifying goods falling within subheadings 1902 19 10 and 1902 19 90 of the combined nomenclature, the method set out in Annex III to this Regulation shall be used to test for the presence of common wheat flours and semolinas in pasta; 8.The content of mannitol and D-glucitol (sorbitol) of the goods falling within subheadings 2905 44 11 to 2905 44 99 and 3823 60 11 to 3823 60 99 of the combined nomenclature, is determined using a method based on HPLC.
Article 4
1. A test report shall be drawn up. 2. The test report shall include the following particulars:- all the information necessary for identifying the sample,-the method used and precise reference to the legal instrument in which it is laid down, or, where appropriate, detailed reference to a method, specifying the nature of the analytical operations to be carried out, or the principle of the method to be applied, as indicated in this Regulation,-any factors liable to have influenced the results,-the results of the analysis, with due regard to the way in which they are expressed in the method used and the means of expression dictated by the needs of the customs or administrative departments that requested the analysis.
Article 5
Regulation (EEC) No 1061/69 is hereby repealed.
Article 6
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.