COMMISSION OF THE EUROPEAN COMMUNITIES 
Brussels, 22.12.1995 
COM(95) 743 filial 
95/0365 (ACC) 
Proposal for a 
COUNCIL REGULATION (EC) 
amending Council Regulation (EEC) No 2658/87 on the tariff and statistical 
nomenclature and on the Common Customs Tariff 
(presented by the Commission) 

Explanatory Memorandum 
The European Court of Justice annulled, on 14 December 1995 in Case C-267/94, 
Commission Regulation (EC) N" 1641/94 on the grounds that the Commission did not have 
the competence to adopt the Regulation in question, 
This Council Regulation would create a new tariff line for com gluten feed as defined under 
the Blair House agreement. 
This proposal has no consequences for the Community budget. 
Proposal for a 
COUNCIL REGULATION (EC) No ... 
of 
amending Council Regulation (EEC) No 2658/87 on the tariff and statistical 
nomenclature and on the Common Customs Tariff 
THE COUNCIL OF THE EUROPEAN UNION, 
Having regard to the Treaty establishing the European Community, and in particular 
Article 113 thereof, 
Having regard to the proposal from the Commission, 
Whereas residues from the manufacture of starch from maize fall within heading 2303 
of the Combined Nomenclature as set out in Annex I to Regulation (EEC) 
No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the 
Common Customs Tariff1, as last amended by Commission Regulation (EC) No...2 ; 
whereas some imports comprise a blend of residues from the manufacture of starch from maize with 
certain other types of residue, in particular screenings from maize and residues of maize steep-water 
used for the manufacture of alcohol or of other starch derived products; whereas those mixtures must 
be classified in heading 2309; 
Whereas, in accordance with the outcome of the negotiations with the United States, some of these 
blends may be imported into the Community free of duty; whereas they should be described in an 
additional note to Chapter 23 and an appropriate subheading should also be created; whereas 
Regulation (EEC) No 2658/87 should be amended accordingly. 
1 OJ No L256, 7.9.1987, p. 1 
2 OJ No 
HAS ADOPTED THIS REGULATION: 
Article 1 
Regulation (EEC) No 2658/87 is hereby amended as follows: 
1. The following additional note is hereby incorporated in Chapter 23: 
"Subheading 2309 90 40 includes only residues from the manufacture of starch from maize 
and does not cover blends of such residues with products derived from other plants or products 
derived from maize otherwise than in the course of the production of starch by the wet 
process, containing: 
- screenings from maize used in the wet process in a proportion not exceeding 15 % by weight 
and/or 
- residues of maize steep-water, from the wet process, including residues of steep-water used 
for the manufacture of alcohol or of other starch derived products. 
These products may also contain residues from the extraction of maize germ oil by the wet milling 
process. 
Their starch content may not exceed 28% by weight on the dry product in accordance with the method 
contained in Annex I.I to Commission Directive 72/199/EEC and their fat content may not exceed 
4.5% by weight on the dry product determined in accordance with method A contained in Annex I to 
Commission Directive 84/4/EEC." 
2. The subheadings in heading 2309 arc hereby amended as follows : 
»f 
CN 
Code Description Rate 
autonomous 
% of duties 
conventional 
% 
(4) Supple 
mentary 
unit 
(5) 
2309 10 
to 
2309 90 39 unchanged 
containing more than 10 % but not more than 30 % by 
weight of starch : 
2309 90 40 
2309 90 41 
2309 90 43 
2309 90 49 Products referred to in Additional Note 5 
to this Chapter 
Other : 
• containing no milk products or containing less 
than 10% by weight of such products 
> containing not less than 10% by weight but less 
than 50% by weight of milk products 
containing not less than 50% by weight of milk 
products exemption exemption 
86 ECU/t 80.8 ECU/t(l) 
828 ECU/t 778 J ECU/t 
1 387 ECU/t 1 3035 ECU/t 
2309 90 51 unchanged 
to 
2309 90 98 
(1) WTO tariff quota : see Annex 7. 
Article 2 
This Regulation shall enter into force on the third day following that of its publication in the Official 
Journal of the European Communities. 
It shall apply from 1 July 1994. 
This Regulation shall be binding in its entirety and directly applicable in all Member States. 
Done at Brussels,... For the Council 
The President 

ISSN 0254-1475 
COM(95) 743 final 
DOCUMENTS 
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Catalogue number : CB-CO-95-785-EN-C 
ISBN 92-77-99343-X 
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