COUNCIL REGULATION (EEC) No 4091/87 of 22 December 1987 amending Regulation (EEC) No 3034/80 fixing the quantities of basic products considered to have been used in the manufacture of goods covered by Regulation (EEC) No 3033/80

THE COUNCIL OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, Having regard to Council Regulation (EEC) No 3033/80 of 11 November 1980 laying down the trade arrangements applicable to certain goods resulting from the processing of agricultural products (1), as amended by Commission Regulation (EEC) No 3743/87 (2), and in particular Article 4 (1) and the second subparagraph of Article 6 (3) thereof, Having regard to the proposal from the Commission, Whereas the Commission is a signatory to the International Convention on the Harmonized Commodity Description and Coding System, herinafter referred to as the 'harmonized system', which is to replace the Convention of 15 December 1950 on Nomenclature for the Classification of Goods in Customs Tariffs; Whereas a combined nomenclature of goods is to be introduced with effect from 1 January 1988, based on the harmonized system nomenclature, which will satisfy simultaneously the requirements of the Common Customs Tariff and of the statistics of the Community's external trade and of trade between Member States; Whereas the tariff nomenclature resulting from the application of Regulation (EEC) No 3034/80 (3) is contained in the Common Customs Tariff; whereas it is necessary therefore to draw up the descriptions of goods and the tariff numbers appearing in that Regulation in accordance with the terms of the combined nomenclature based on the harmonized system; Whereas experience has shown that certain quantities of basic products mentioned in Annex I to Regulation (EEC) No 3034/80 must be changed; Whereas the combined nomenclature does not permit the maintenance, for certain types of goods falling within Chapters 17, 18, 19 and 21, of particulars of their composition used for calculating the variable component to be charged on importation; whereas, it is necessary therefore that these particulars be drawn up in another way, HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EEC) No 3034/80 is hereby amended as follows: 1. Article 1 is replaced by the following:'Article 1The quantities of basic products considered to have been used in the manufacture of goods referred to in Article 1 of Regulation (EEC) No 3033/80, hereinafter referred to as ''goods'', shall be as shown in Annex I hereto in respect of the relevant heading of the Common Customs Tariff; in the case of goods falling within subheadings for which Annex I refers to Annex II, such quantities shall be as shown in Annex II. For these latter goods, an additional code shall apply, composed of the figure 7, followed by three figures, according to the composition of the goods, as shown in Annex III.' 2.Article 2 (a) is replaced by the following:'(a) ''rice'' means: ''husked rice, long grain''.' 3.Article 3 is replaced by the following:'Article 3Goods falling within CN codes 1704 10 11, 1704 10 19, 1704 10 91 and 1704 10 99, 1903 00 00, 1905 90 20, 2905 44 11 and 2905 44 91, 3505 10 10 and 3505 10 90, 3505 20 10, 3505 20 30, 3505 20 50 and 3505 20 90, 3809 10 10, 3809 10 30, 3809 10 50 and 3809 10 90, 3823 60 11 and 3823 60 91 shall be considered to have been made from maize covered by the production refund provided for in Regulation (EEC) No 2742/75.' 4.Annex I is replaced by the Annex to this Regulation. 5.Annex II becomes Annex IV.

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 Council The President N. WILHJELM

(1) OJ No L 323, 29. 11. 1980, p. 1.

(2) OJ No L 352, 15. 12. 1987, p. 29.

(3) OJ No L 323, 29. 11. 1980, p. 7.

ANNEX

'ANNEX I (per 100 kg of goods) >TABLE>

(a) Per 100 kilograms of drained sweet potatoes etc., or maize. >TABLE>

(b) The variable component (MOB) is not chargeable on the importation of products not containing or containing less than 5 % by weight of sucrose (including invert sugar calculated as sucrose) or isoglucose expressed as sucrose. >TABLE>

(a) Per 100 kilograms of drained sweet potatoes etc., or maize. >TABLE>