Proposal for a COUNCIL REGULATION (EEC) laying down the trade arrangements applicable to certain goods resulting from the processing of agricultural products
Date: 1993-04-15
Institutions: European Commission
Subjects: agro-industry, cif price, export, import, trading operation

COMMISSION  OF  THE  EUKOPEAN  COMVIUNITIES 

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C0M(93) 135 final 

Brussels, 15 April 1993 

Proposal for a 

COUNCIL  REGULATION  (EEC) 

aying  down the trade arrangements applicable to certain  goods 

resulting  from the processing of agricultural  products 

(presented by the Commission) 

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-  2 -

EXPLANATORY  MEMORANDUM 

The present  proposal  for  a regulation  establishes  the general  rules  to be 
adopted  at  the Community  level  In order  to permit  uniform  application  In the 
Community  of  the common  agricultural  policy  and  the common  commercial 
policy, as  laid down by  the Treaty,  to goods  resulting  from  the 
transformation of agricultural  products. 

1.  INTRODUCTION 

The  trade arrangements  applicable  to goods not  covered  by Annex  II to the 
Treaty, as originally  laid down  by Council  Regulation  160/66, are currently 
governed  by Regulations  (EEC) Nos 3033/80 and  3034/80 as  regards  the general 
rules and measures applicable  to  imports and by Council  Regulation  (EEC) 
No 3035/80 as regards exports. 

Since  1967 the granting of export  refunds on certain  agricultural  products 
exported  in the form of goods not  covered  by Annex  II has been  determined by 
each  common organization of  the market  for which  such  refunds  are  considered 
desirable,  the sectors concerned  being milk, cereals and  rice, eggs and 
sugar. 

The  rules applicable  to the exportation  of goods eligible  for  these  refunds 
depend,  first, on  the measures  adopted  under  the common  agricultural  policy 
- whether  these measures are  Internal  or  applicable  to exports - and 
secondly  on conditions related  to the actual  manufacture of  the goods. 

Owing  to the differences  in those conditions  and  in the manufacturing 
processes, the agricultural  raw materials used  and  the scope for 
substituting  other  agricultural  or  Industrial  products, the  provisions 
governing  exports need  to be regularly  adjusted. 

As  far  as  Importation  is concerned,  certain  goods  falling  within  Chapters 1 
to 24 of  the Combined  Nomenclature, but  not  covered  by Annex  M  to the 
Treaty, and certain goods classified  under  subsequent  chapters of  the CN, 
are subject  to a charge  comprising  an ad valorem  duty  designed  to protect 
the processing  industry  and a variable  component  to offset  the  differences 
between world market  prices and  the prices on  the Community  market  of 
agricultural  products  In the milk, sugar  and cereals  and  rice sectors which 
are  Incorporated  In such goods. 

These arrangements do not  apply  to the other  non-Annex  II products  falling 
within Chapters  1 to 24 of  the CN. 

However,  for  the purposes of  the accession  agreements  and  the  association 
agreements with  the EFTA countries  and, subsequently, with  the countries of 
central  and eastern  Europe,  it was necessary  to  take account  of  the content 
of basic agricultural  products  in all  processed  agricultural  products not 
covered  by Annex  I I to the Treaty. 

In view of  the  International  situation  and  the  regular  changes  that  have 
been made  to the common organizations of  the market,  a more  thoroughgoing 
revision of  the trade arrangements  in respect  of goods not  covered  by 
Annex  II to the Treaty  is needed. 

-  3 -

I. TRADE  ARRANGEMENTS 

Over  and above  the revamping  of Regulation  (EEC) No 3033/80, a number  of new 
aspects have been built  into the existing  trade arrangements. 

1. Basis of  the Regulation.  A fresh  look has been  taken at  the basis of  the 
Regulation  in the  light of experience  and of  the way  the  institutions  have 
developed.  The main  thrust  of  this proposal  for  a Regulation  is to take 
Into consideration all  the various aspects of  the differences  between 
Community  and world market  prices of certain  agricultural  products used  in 
the manufacture of goods not  covered by Annex  II to the Treaty,  In so far as 
price  levels  in the Community  are directly  linked  to the existence of  the 
common agricultural  policy.  The proposal  also  includes a number  of outline 
provisions  concerning  preferential  trade arrangements. 

Hence, this proposal  Is based on Articles 43 and  113 of  the Treaty. 

2. Administering  the arrangements.  In order  to  Implement  these 
arrangements, certain measures  adopted under  the common  organization of 
markets have  to be extended  to  include agricultural  products used  in the 
manufacture of non-Annex  II goods.  It  is also necessary  to take account  of 
market  data and  technological  progress and  to devise a suitable procédure 
for  finding practleal  solutions  to specific problems. 

Consequently, on the basis of  the experience gained  In the management  of 
agricultural  markets and of goods trade arrangements within  the Article  235 
Group  for processed  agricultural  products,  It  Is proposed  that  the detailed 
implementing measures should  be  laid down by  the management  committee 
procedure.  This presupposes  that  a management  committee  take over  both  the 
tasks currently  carried out by  the Article  235 Group and  the administration 
of  the preferential  agreements  (EEA  agreement). 

3. Scope.  Since  the proposal  also covers  the preferential  agreements, all 
the non-Annex  II goods  falling within Chapters  1 to 24 of  the Combined 
Nomenclature which  are subject  to  Import  duty, plus  the other  goods already 
referred  to  In Regulation  (EEC) No 3033/80, have been grouped  together  in a 
single Régulât ion, even  though  the provisions on preferential  agreements are 
relevant only  to new goods. 

Indeed, since as  long ago as 1973 these agreements have had  to take account 
of  the differences  In the cost of purchasing  agricultural  products  for the 
manufacture of goods which  are produced  on a highly  Industrial  scale  In the 
Community,  but which are st111  very  closely  linked with agricultural  policy 
in a number  of non-Community  countries. 

Likewise,  in the accession negotiations with Spain and Portugal, there was 
found to be no suitable  frame of  reference when  It came  to  laying down 
provisions on  the alignment  of prices. 

-  4 -

4.  Other  provisions.  This proposal  covers all  the general  provisions 
directly  linked to the existence of  the common agricultural  policy  in the 
Community  and which call  for price  levels that  differ  substantially  from 
those obtaining on third country markets.  Over  and  above  its general 
provisions  it also seeks to ensure better management  of  trade  through  the 
setting-up'of an ad hoc management  committee. 

J-LL,  REFUND  ARRANGEMENTS 

These arrangements are governed  at present  by Council  Regulation  (EEC) 
No 3035/80. 

However,  In the context  of  the reform of  the common  agricultural  policy  the 
Council  decided, when adopting  Regulation  (EEC) No  1766/92 on  the  common 
organization of  the market  In cereals, to make  the Commission  responsible 
for drawing up the detailed  Implementing  measures under  the management 
committee  procedure, and  in particular  the export  refund  arrangements. 
These arrangements also cover  exports of cereals  In the  form of goods not 
listed  In Annex  II to the Treaty. 

Applying  the refund arrangements  to goods not  covered  by Annex  I I requires 
common  Implementing procedures  in order  to take account  of  the specific 
aspects of  incorporating and processing  agricultural  products  In the 
manufacture of such goods. 

Article  11 of the draft  Regulation  replacing  Regulation  3033/80  therefore 
makes  it clear  that  refunds may be granted  in respect  of agricultural 
products exported  In the form of non-Annex  I I goods pursuant  to the 
Regulations on the common organization of  the market  in the agricultural 
sector; the procedure used  to determine  the amount  of  the  refund  Is the same 
as that used  to determine  the amount  of  refund  for agricultural  products 
exported unprocessed, whereas  the common  refund  arrangements  are adopted  by 
the  Joint management  committee  procedure  to take due account  of  the 
particularities of processing  these products  to produce goods which  are not 
covered  by Annex  II to the Treaty. 

Article  20 of  the Regulation  provides  for  the repeal  of  Regulation  3035/80 
and  Its replacement  by  implementing measures adopted  by  the Commission  under 
the  (Joint) management  committee  procedure. 

-  5 -

Proposal  for a 

COUNCIL  REGULATION  (EEC) 

aying  down  the trade arrangements  applicable  to certain  goods 

resulting  from  the processing  of  agricultural  products 

THE COUNCIL OF THE EUROPEAN  COMMUN ITI ES, 

Having  regard  to  the  Treaty  establishing  the  European  Economic  Community, 

and  in particular  Articles  43 and  113 thereof, 

Having regard  to the proposal  from  the  Commission, 

Having  regard  to the opinion of  the European Parliament, 

Having  regard  to the opinion of  the Economic  and Social  Committee, 

Whereas  Articles 38 to  47 of  the Treaty  provide  for  the establishment  of a 

common  agricultural  poI icy  covering  the  agricultural  products  listed  in 

Annex  II to the Treaty; 

Whereas  certain  agricultural  products  are  used  in  numerous  goods  not 

covered  by Annex  11 ; 

Whereas,  it  is  necessary  to  provide  for  measures  under  the  common 

agricultural  policy and  the common  commercial  policy  to take account  of  the 

impact  of  trade  in such goods on  the objectives of Article. 39 of  the Treaty 

and  of  the  impact  of  the  measures  adopted  to  implement  Article  43  of  the 

Treaty  on  the  economic  position  of  such  goods,  given  the  differences 

between  the costs of procuring  agricultural  products within  and outside  the 

Community  and  the differences  in the prices of agricultural  products; 

Whereas  the Treaty  lays down  that  agricultural  policy  and  commercial  policy 

are  Community  policies;  whereas  it  is  necessary  to  establish  for  certain 

goods  resulting  from  the  processing  of  agricultural  products,  general  and 

comprehensive  rules,  appIicab le  at  Community  level,  relative  to  trade  in 

these goods,  in order  to attain  the objectives of  the Treaty; 

6  -

Whereas 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  goods1,  as  last  amended  by  Regulation  (EEC) 

No  1436/902,  provides  for  the  levying  on  imports  of  certain  goods  of  a 

charge  consisting of  a fixed  component  for  the protection of  the  processing 

industry  and  a  variable  component  to  offset  any  difference  between  the 

prices  of  the  relevant  agricultural  products  in  the  Community  and  on  the 

worId market ; 

Whereas  certain  amendments  are  needed  to  the  rules  applicable  to  trade  in 

these  goods  to  take  account  of  developments  in  the  Community's  agreements 

and  in the common  agricultural  policy; 

Whereas  certain  goods  falling  within  Chapters  1  to  24  of  the  Combined 

Nomenclature  are  not  covered  by  Regulation  (EEC) No  3033/80; whereas  these 

goods  are  also  obtained  using  agricultural  products  subject  to  the  common 

agricultural  policy;  whereas  the  charges  applied  to  imports  of  such  goods 

must  therefore  likewise  cover  the  difference  between  the  world  market 

prices and  the prices on  the Community  market  for  the agricultural  products 

used  in  their  production  and  ensure  the  protection  of  the  processing 

industry  concerned;  whereas  it  is  therefore  necessary  to  consolidate  the 

rules  applying  to  all  the  goods  obtained  in  significant  proportion  from 

agricultural  products; 

Whereas,  under  agreements  entered  into,  the  Community  is  to  limit  such 

charges  to  covering,  in  whole  or  in  part,  differences  in  the  price  of 

agricultural  products  used  in  the  production  of  the  goods  in  question; 

whereas  it  is accordingly  necessary  to establish  for  these  goods  that  part 

of  the  overall  charge  which  covers  the  differences  between  the  prices  of 

the agricultural  products  taken  into account; 

Whereas,  for  the  basic  products  concerned,  the  offsetting  of  the  price 

differences  between  the  world  market  and  the  Community  market  takes  the 

form  of  agricultural  levies;  whereas  it  is  necessary  to  maintain  a  close 

link  between  calculation  of  the  agricultural  component  of  the  charge 

applicable  to  goods  and  that  applicable  to  basic  products  imported  in  the 

unaltered  state; 

1 
2 

OJ  No L 323, 29.11.1980, p. 1 
0J  No L 138, 31.5.1990, p. 9. 

Whereas,  in  order  to  avoid  undue  administrative  formalities,  negligible 

amounts  should  not  be  applied  and  Member  States  should  be  permitted  to 

refrain  from  adjusting  amounts  relating  to  a  given  transaction  where  the 

balance of  the amounts concerned  is  itself negligible-, 

Whereas  the  implementation of preferential  agreements  should  not  complicate 

the  procedures  applicable  to  trade  with  third  countries;  whereas  the 

implementing  rules  must  therefore  ensure  that  goods  declared  for  export 

under  a  preferential  arrangement  are  not  in  fact  exported  in  accordance 

with  the general  arrangements  and  vice versa; 

Whereas  arrangements  must  be  made  for  export  refunds  on  certain 

agricultural  goods used  in the manufacture  of  goods not  covered  by Annex  M 

to  the  Treaty  in order  not  to penalize  producers of  the  said  goods  for  the 

prices  at  which  they  are  obliged  to procure  their  supplies  as  a  result  of 

the  common  agricultural  policy; whereas  such  refunds  should  cover  only  the 

difference  between  the  price  of  an  agricultural  product  in  the  Community 

market  and  world  market  respectively;  whereas  these  arrangements  should 

accordingly  be  established  as  part  of  the  common  organization  of  the 

markets  concerned; 

Whereas  Article  13 of  Council  Regulation  (EEC) No  1766/92  of  30 June  1992 

on  the  common  organization  of  the market  in cereals** and  the corresponding 

articles  of  certain  other  regulations  on  the  common  organization  of  the 

markets  in agricultural  products  provide  for  the  granting  of  such  refunds-, 

whereas  the  implementing  rules  should  be  adopted  under  the  management 

committee  procedure  referred  to  in  Article  23  of  Regulation  (EEC) 

No  1766/92  and  the  corresponding  articles  of  the  other  regulations 

concerned;  whereas  the  amounts  of  the  refunds  should  be  fixed  under  the 

same  procedure  as  the  amounts of  the  refunds  for  the  agricultural  products 

exported  in the unaltered  state; whereas  the  common  implementing  rules  for 

the  said  procedure  must  be  established  with  due  regard  for  the 

manufacturing  processes  of  the  goods  concerned;  whereas  the  implementing 

rules should  accordingly  be established  on  the same basis; 

OJ  No L  181,  1.7.1992, p. 21 

- 8 -

Whereas  the  mechanism  of  agricultural  protection  provided  for  by  this 

Regulation  may  prove  defective  under  exceptional  circumstances;  whereas 

this  risk  may  also  appear  in  the  context  of  preferential  agreements; 

whereas  in order  to avoid,  in such cases, that  the Community  market  remains 

without  defence  against  disturbances  which  could  result  from  this,  it  is 

appropriate  to provide  for  the rapid  taking of  all  necessary  measures; 

Whereas  Council  Regulation  (EEC)  No  1999/85  of  16  July  1985  on  inward 

processing4,  as  last  amended  by  Regulation  (EEC) No  ....5,  should  be  made 

applicable  to trade covered  by  this Regulation; 

Whereas  the  distinction  drawn  between  agricultural  products  covered  by 

Annex  II  to  the  Treaty  and  goods  not  covered  by  Annex  II  is  a  criterion 

specific  to  the  Community,  based  on  the  situation  of  agriculture  and  the 

food  industry  in the Community; whereas  the situation may  be  appreciably 

different  in  certain  third  countries  with  which  the  Community  concludes 

agreements;  whereas,  therefore,  provision  must  be  made  in  such  agreements 

that  the  general  rules  applicable  to  processed  agricultural  products  not 

covered  by  Annex  II  to  the  Treaty  may  be  extended,  mutat is mutandis,  to 

certain  processed  agricultural  products covered  by Annex  II to the Treaty; 

Whereas  this Regulation  requires detailed  implementing  rules; whereas  it is 

appropriate  for  those  detailed  rules  to  be  laid  down  after  consulting  a 

management  committee  on  which  the  Member  States  are  represented;  whereas 

the  rules  should  include,  in  particular,  rules  to  replace  Council 

Regulation  (EEC)  No  3034/80  of  11  November  1980  fixing  the  quantities  of 

,i 

basic products considered  to have been used  in the manufacture  of  the goods 

covered  by  Regulation  (EEC)  No  3033/806,  as  last  amended  by  Commission 

Regulation  (EEC) No 572/917, 

HAS ADOPTED THIS REGULATION: 

Article 1 

1.  This  Regulation  determines  the  trade  arrangements  applicable  to 

certain goods  referred  to  in paragraph  2, 

4 
5 
6 
7 

OJ No L  188, 20.7.1985, p. 1. 

OJ  No L 323, 29.11.1980, p. 7. 
0J  No L 63, 9.3.1991,  p. 24. 

- 9 -

(a)  in the manufacture of which one or more agricultural  products  have 

been used, either  unprocessed  or  after  processing, or 

(b) which,  in  accordance  with  Article  13(2),  are  considered  to  be 

manufactured  from products  referred  to  in (a), or 

(c) which  are  classified  under  the  same  (eight-digit)  Combined 

Nomenclature  code as the goods  referred  to  in (a) and (b). 

2. 

For  the purposes of  this Regulation, 

"agricultural  products" means  the products  covered  by  Annex  ll  to 

the Treaty; 

"basic  products"  means  agricultural  products  the  price  of  which 

differs  between  the  Community  market  and  the  world  market  or,  in 

the  framework  of  preferential  trade  arrangements,  the  market  of 

certain  third countries; 

"goods" means  the products  not  covered  by  Annex  I I to  the Treaty, 

listed  in  Annex  B  to  this  Regulation,  obtained  wholly  or  partly 

from  agricultural  products,  and  the  agricultural  products  listed 

in  Annex C,  which  are  assimilated  to  goods  under  preferential 

agreements. 

Title I 

TRADE  ARRANGEMENTS 

Chapter 1 

IMPORTATION 

Art icle 2 

1.  On  importation  into  the  Community,  the  goods  listed  in Annex  B  shall 

be subject  to a charge; this charge shall  take account of: 

(a) the conditions for production and marketing of  those goods; 

-  10 -

(b) the  difference  between  the  prices  on  the  Community  market  of  the 

agricultural  products  considered  to  have  been  used  in  their 

production  and  the  prices  of  imports  from  third  countries,  where 

the  total  cost  of  the basic  products  in question  is higher  in the 

Community,  or,  in  the  case  of  preferential  trade,  the  prices  of 

the agricultural  products  in certain  third  countries. 

2. 

For  the goods  listed  in Table  1 of  Annex  B,  the charge  referred  to  in 

paragraph  1 shall  consist  of: 

"'-"  an  ad valorem  duty,  which  is  the  fixed  component  of  the  charge 

referred  to  in point  (a) of paragraph  1; 

an  "agricultural  component"  to  offset  the  price  differences 

referred  to  in point  (b) of paragraph  1. 

The  agricultural  component  may  take  the  form  of  a  variable  component 

established  in  line with  the  conditions  laid  down  in Articles 3 and  4 

or  of  a  fixed  component  established  in  line with  the  conditions  laid 

down  i n Ar t i cIe 5. 

3. 

For  the goods  listed  in Table  2 of Annex  B, the agricultural  component 

shall  consist  of  an  ad valorem  duty  and/or  a  specific  amount 

established per measurement  unit. 

For  trade with  certain  countries with which  the Community  has signed a 

preferential  agreement,  this agricultural  component  may  be replaced  by 

one of  the forms referred  to  in paragraph  2. 

4. 

Subject  to  Article  10,  the  levying  of  any  customs  duty  or  charge 

having  equivalent  effect  other  than  the  charge  provided  for  in 

paragraph  1 shall  be  prohibited. 

Art icle 3 

1.  The  Commission  shall  fix,  for  each  of  the  goods  listed  in Table  1 of 

Annex  B,  the  variable  component  calculated  on  the  basis  of  the 

difference  referred  to  in  paragraph  2  for  the  quantity  of  basic 

- 11 

products  to  be  taken  into  account,  established  in  accordance  with 

Article  13.  For  this  purpose, only  the  agricultural  products  listed 

in Annex  A shall  be taken  into account. 

2. 

For each of  the basic products  the Commission  shall  establish: 

either  the difference between: 

(a) the  average  threshold  price  applicable  over  the  reference 

period  for which  the variable components are  fixed, and 

(b) the average cif price  (excluding  special  cif  prices) or, where 

appropriate,  the  free-at-frontier  prices  used  for  fixing  the 

levy  applicable  during  the  period  preceding  the  period  for 

which  the variable component  was  fixed, 

or,  in  the  case  of  isoglucose,  the  average  levies  referred  to  in 

Article  16(6) of  Council  Regulation  (EEC) No  1785/818  applicable 

over  the period  preceding  the  period  for  which  the  components  are 

f i xed. 

3. 

The period  referred  to  in paragraph  2 shall  be one quarter.  It may be 

subdivided  into two subperiods of one and  two months  if the quarter  is 

spread  over  two  calendar  years  or  two  marketing  years, or  it  may  be 

longer  than  one  quarter  within  the  framework  of  preferential 

agreements. 

For  the  purposes  of  calculating  the  cif  prices,  the  free-at-frontier 

prices  or  the  levies, the  figures  for  the  last  20 days of  the  period 

preceding  the  period  for  which  the  component  is  fixed  shall  not  be 

taken  into consideration. 

4. 

If one of  the  figures used  for  calculating  the difference  referred  to 

in  paragraph  2  is not  available  for  one  or  more  basic  products,  the 

Commission  shall  replace  the  missing  figure  with  the  corresponding 

figure  for  the closest  period  available, corrected, where appropriate, 

by  the monthly  gradation  of  payments  or  with  any  other  known  details 

affecting  comparison  between  the missing  figure  and  the  figure  chosen 

to replace  it. 

OJ  No L  177, 1.7.1981, p. 4 

-  12 -

When  the  factor  which  was  not  available  is determined,  the  Commission 

may  fix  the  corrected  variable  components  if,  by  reason  of  the 

application of  the first  subparagraph,  trade  is seriously  disrupted or 

is  in danger  of being seriously  disrupted. 

Art icle 4 

1.  Where  the Common  Customs Tariff  lays down a maximum  charge,  the charge 

provided  for  in Article  3 may not exceed  this maximum. 

Where  the maximum  charge  referred  to  in the  first  subparagraph  may  be 

applied  only  under  specific  conditions,  these  conditions  shall  be 

determined  in accordance with  the procedure  laid down  in Article  11(1) 

of Council  Regulation  (EEC) No  265S/879. 

2. 

Where  the maximum  charge  includes  an additional  duty  on  various  kinds 

of  sugar,  expressed  as  sucrose  (AD  S/Z), or  on  flour  (AD F/M), such 

additional  duty  shall  be  calculated,  as  appropriate,  taking  either 

sugar  or  flour  as the sole agricultural  product. 

The  quantity  of  sugar  or  flour  shall  be  determined  under  the 

conditions  laid down  in Article  13(1). 

Where  the quantities of  sugar  or  flour  actually  used,  as provided  for 

in Article  13(1),  are not  known,  these  quantities shall  be  determined 

under  the same  conditions  as  applied  for  the purposes  of  establishing 

the agricultural  component. 

3. 

The  Commission  shall  determine  for  each  period  referred  to  in 

Art icle 3(3): 

(a) the amount  of  the additional  duties, calculated  in accordance with 

paragraph  2 of  this Article; 

(b) the  price  differences  applicable  to  the  additional  duties, 

determined  in accordance with Article 3(2). 

OJ  No L 256, 7.9.1987, p. 1. 

-  13  -

Art icle  5 

1. 

If  the  levies  applicable  to  imports  of  the  basic  products  referred  to 

in  Annex  A  are  replaced  by  fixed  amounts,  the  agricultural  components 

applicable  to  the  goods  referred  to  in  Table  1  of  Annex  B  shall  be 

calculated  on  the  basis  of  these  amounts. 

2. 

For  each  basic  product  to  be  taken  into  account  in  calculating  the 

agricultural  component  of  the  charge,  the  amount  established  in 

application  of  Article  3(2)  shall  be  replaced  by  the  amount  applicable 

to  the  basic  product  considered  to  have  been  used. 

3. 

The  date  from  which  the  fixed  amounts  applicable  to  imports  of  basic 

products  shall  be  taken  into  account  in  establishing  the  agricultural 

component  of  the  charge  shall  be  determined  in  accordance  with  the 

procedure  laid  down  in Article  16. 

Art icle  6 

1. 

For  the  purposes  of  determining  the  agricultural  component  in  the  case 

of  preferential  trade: 

(a)  the  quantities  of  agricultural  products  used,  as  determined  in 

accordance  with  Article  13(1),  may  be  replaced  by  the  quantities 

actually  used  in  the  country  of  origin  if  the  Community  has 

concluded 

a 

customs 

cooperation 

agreement 

covering 

the 

establishment  of  such  quantities;  in  this  case,  conversion 

coefficients  shall  be  established  taking  account  of  the  parties' 

respective  definitions  of  these  basic  products  to  make  them 

directly  comparable; 

(b)  the  price  difference  referred  to  in  Article  3(2)  may  be  replaced 

by  a  system  of  direct  offsetting  of 

the  differences 

in 

agricultural  prices  in  the  Community  and  the  region  concerned  or 

by  direct  offsetting  vis-à-vis  a  jointly  established  price 

recognized  for  the  region  Concerned; 

-  14 -

(c) where  application  of  point  (b) results  in differences  with  little 

impact  on  the goods covered,  this arrangement  may  be  replaced  by a 

system  of  flat-rate  amounts  or  rates  in  order  to  reduce  the 

administrative  workload. 

2. 

The  agricultural  components  referred  to  in paragraph  1 may  apply  for a 

period  different  from  the period  allowed  for  non-preferential  trade. 

3. 

The  ad  valorem  duties  corresponding  to  the  agricultural  component  of 

the  charge  for  the  goods  in  Table  2  of  Annex  B  may  be  replaced  by 

another  agricultural  component  within  the  framework  of  a preferential 

agreement. 

4. 

The  detailed  rules  for  applying  paragraphs  1 to 3 shall  be  adopted  in 

accordance with  the procedure  laid down  in Article  16  if the agreement 

concerned  determines: 

the agricultural  prices adopted  in the  agreement; 

the period  for which  these agricultural  components  are  fixed; 

the  goods  and  agricultural  products  subject  to  the  rules  of  the 

agreement. 

Any  component  or  components  not  determined  in  the  agreement  in 

question  shall  be  adopted  by  the  Council  in  accordance  with  the 

procedure  laid down  in Article  113 of  the Treaty. 

5. 

The  other  implementing  rules  necessary  in  order  to  establish 

preferential  arrangements  shall  be  determined  in  accordance  with  the 

procedure  laid down  in Article  16. 

These provisions shall  cover  in particular: 

establishment  of  the amounts  referred  to  in paragraph 1(b); 

completion  and circulation  of  the documents  necessary  for  granting 

these arrangements; 

-  15 -

- 

the measures necessary  to avoid  diversion of  trade; 

where  the  amounts  to  be  granted  on  export  under  a  preferential 

agreement  referred  to  in  Article 8(4)  are  also  concerned,  the 

measures  to guarantee  that  the  goods  declared  for  export  under  a 

• 

preferential  arrangement  are  not  in  fact  exported  under  a 

non-preferential  arrangement  or  vice versa. 

6. 

Where  methods  of  analysing  the  agricultural  products  used  are 

necessary,  the  methods  specified  for  the  agricultural  products  in 

question  in  the  case  of  export  refunds  for  third  countries  shall  be 

used. 

Art icle 7 

1.  Where  a  preferential  agreement  provides  for  the  reduction  or  phasing 

out  of  the  part  of  the  charge  referred  to  in  Article  2(1)(a),  this 

shall  be  the  fixed  component  in  the  case  of  the  goods  listed  in 

Table  1 of  Annex  B.  In  the  case  of  the  other  goods  covered  by  the 

agreement,  this part  of  the charge  shall  be obtained  by deducting  from 

the  total  charge  the  agricultural  component  provided  for  in  the 

agreement  unless  the  agreement  makes  provision  for  determining  this 

part  by  some other means. 

2. 

Where  a  préfèrentiaI  agreement  provides  for  a  reduction  in  the 

agricultural  component  of  the  charge,  the  detailed  rules  for 

determining  and managing  such  reduced  agricultural  components  shall  be 

adopted  in  accordance  with  the  procedure  laid  down  in  Article  16, 

provided  the agreement  specifies: 

the products eligible  for  these  reductions; 

the  quantities  or  value  of  any  quotas  to  which  these  reductions 

apply  or  the method  of  calculating  these quantities or values-, 

the  percentage  reductions  in  the  agricultural  compare 

for  each 

basic  product  concerned. 

; 

-  16 -

Any  component  or  components  not  determined  in  the  agreement  in 

question  shall  be  adopted  by  the  Council  in  accordance  with  the 

procedure  laid down  in Article  113 of  the Treaty. 

Chapter  2 

EXPORTATION 

Art icle 8 

On exportation of  the goods, the agricultural  products which  have been 

used  and which  satisfy  the conditions  laid down  in Article  9(2) of  the 

Treaty  may  qualify  for  refunds established  pursuant  to the  regulations 

on  the common organization of  the market  in the sectors  concerned. 

No  refund  may  be  granted  on  agricultural  products  not  covered  by  a 

common  organization  of  the  market  providing  for  export  refunds  on 

products exported  in the  form of goods. 

The  list of  goods qualifying  for  refunds  shall  be  established,  taking 

account  of : 

the  impact  of  the  difference  between  the  prices  on  the  Community 

market  and  on  the  world  market  of  the  agricultural  products  used 

in their  production; 

the  need  to  cover  this  difference  in whole  or  in  part,  to  allow 

exportation  of  the  agricultural  products  used  and  of  the  goods 

concerned. 

The  list  shall  be  drawn  up  pursuant  to  the  regulations  on  the  common 

organization  of  the agricultural  markets. 

The  common  implementing  rules  for  the  refund  arrangements  referred  to 

in  this  Article  shall  be  adopted  pursuant  to  the  regulations  on  the 

common organization of  the agricultural  markets. 

The  amounts  of  the  refunds  shall  be  fixed  in accordance  with  the  same 

procedure  as  for  the granting  of  refunds  on  the  agricultural  products 

concerned  when  they are exported  in the unprocessed  state. 

-  17 -

4. 

Where  the  arrangements  for  the  direct  offsetting  of  agricultural 

prices  referred  to  in  Article 6(1)(b)  are  established  within  the 

framework  of  a preferential  agreement, the amounts  payable on  exports 

to  the  country  or  countries  concerned  by  the  agreement  shall  be 

determined  jointly  and on  the same basis as the agricultural  component 

of  the charge under  the conditions  laid down  in the agreement. 

These  amounts  shall  be  established  in  accordance  with  the  procedure 

laid  down  in  Article  16.  The  implementing  rules  which  may  be 

necessary  pursuant  to  this  subparagraph  shall  be  adopted  by  the  same 

procedure  as  the  provisions  regarding  refunds  on  exports  to  third 

countr ies. 

Art icle 9 

Where,  pursuant  to a  regulation  on  the common organization  of  a particular 

market,  levies,  charges  or  other  measures  are  applied  to  exports  of  an 

agricultural  product  listed  in Annex  A, appropriate measures with  regard  to 

certain  goods  the  export  of  which  is  likely  to  hinder  achievement  of  the 

objectives  in  the  agricultural  sector  in  question,  because  of  their  high 

content  of  the  agricultural  product  concerned  and  the  uses  to  which  they 

may  be  put, may  be  decided,  in accordance  with  the  procedure  laid  down  in 

Ar t ic le 16. 

Title  2 

GENERAL  PROVISIONS 

Article  10 

Where  there  is  a  danger  that  a  reduction  in  the  agricultural  component 

applicable  to  imports of goods under  a preferential  agreement  could  disturb 

the  agricultural  markets,  the  safeguard  clauses  applicable  to  imports  of 

the agricultural  products concerned  shall  also apply  to the goods  listed  in 

Annex  B. 

For  the  purposes  of  assessing  the  disturbances  in question,  account  shall 

be  taken  of  the  characteristics  of  the  goods  actually  imported  under  the 

preferential  arrangements  compared  with  the  characteristics  f  the  goods 

traditionally  imported  prior  to the  introduction of  these arrangements. 

-  18 -

Article 11 

The  quantity  of  agricultural  products  covered  by  the  regulations  on  the 

common  organization  of  markets  which  is not  subject  to  levies  or  charges 

having  an equivalent  effect  to customs  duties,  for  the  purpose  of  or  as a 

result  of  exporting  such  goods,  shall  be  determined  in  accordance  with 

Regulation  (EEC) No 1999/85. 

The  quantity  of  goods  admitted  under  inward  processing  arrangements  and, 

therefore,  not  subject  to  the  charge  provided  for  in  Article  2  for  the 

purpose  of  or  as  a  result  of  exporting  other  goods  shall  be  that  actually 

used  in the manufacture of  the goods. 

Article  12 

1.  Table  1 of  Annex  B may  be amended  by  the Council  acting  in accordance 

with  the procedure  laid down  in Article  113 of  the Treaty. 

2. 

Table 2 of  Annex  B  or  Annex  C  may  be  amended  in  accordance  with  the 

procedure  laid  down  in  Article  16,  in  order  to  adapt  them  to  the 

agreements  concluded  by  the Community. 

3.  The  Commission  shall  adapt  the  Annexes  to  this  Regulation  to  any 

amendments  to the Combined  Nomenclature  in order  to keep unchanged  the 

arrangements  in force prior  to such  amendments. 

Article  13 

1.  The  list  of  basic  products  and  the  quantity  of  each  of  the  basic 

products  considered  to have  been used  in the manufacture  of  the  goods 

covered  by  this  Regulation  wherever  the  composition  of  the  goods  in 

question  has  not  been  established  shall  be  determined  in  accordance 

with  the procedure  laid down  in Article 16. 

2. 

Without  prejudice  to measures  adopted  by  the Council  under  the  common 

agricultural  policy,  certain  agricultural  products  may  be  treated  as 

basic  products,  in  accordance  with  the  procedure  laid  down  in 

Article  16, for  the  purposes  of  establishing  terms  for  comparison  of 

prices. 

-  19  -

3. 

The  characteristics  of  the  basic  products  necessary  in  order  to 

establish  the  terms  for  comparison  of  prices  shall  be  determined  in 

accordance  with  the  procedure  laid  down  in Article  16. 

Article  14 

1. 

The  threshold  or  thresholds  below  which  the  amounts  established  in 

accordance  with  Article  3(2)  shall  be  fixed  at  zero  may  be  laid  down 

or  the  non-application  of  the  amounts  established  in  accordance  with 

Article  3(2)  may  be  made  subject  to  special  conditions  in  order  to 

avoid  creating  artificial  trade  flows,  in  both  cases  in  accordance 

with  the  procedure  laid  down  in Article  16, . 

2. 

A  threshold  below  which  Member  States  may  refrain  from  applying 

amounts  to  be  granted  or  levied  pursuant  to  this  Regulation  in 

connection  with  a  given  economic  transaction,  may  be  established  in 

accordance  with  the  procedure  laid  down  in  Article  16,  if  the  balance 

of  these  amounts  is  lower  than  that  threshold. 

Article  15 

The  Commission  shall  be  assisted  by  a  management  committee  hereinafter 

referred  to  as  "the  Committee",  composed  of  representatives  of  the  Member 

States  and  chaired  by  the  representative  of  the  Commission. 

Article  16 

In  cases  where  reference  is made  to  the  procedure  defined  in  this  Article, 

the  following  provisions  shall  apply. 

The  representative  of  the  Commission  shall  submit  to  the  Committee  a  draft 

of  the  measures  to  be  taken.  The  Committee  shall  deliver  its  opinion  on 

the  draft  within  a  time  limit  which  the  chairman  may  lay  down  according  to 

the  urgency  of  the  matter.  The  opinion  shall  be  delivered  by  the  majority 

laid  down  in  Article  148(2)  of  the  Treaty  in  the  case  of  decisions  which 

the  Council  is  required  to  adopt  on  a  proposal  from  the  Commission.  The 

votes  of  the  representatives  of  the  Member  States  within  the  Committee 

Shall  be  weighted  in  the  manner  set  out  in  that  Article.  The  chairman  shall 

not  vote. 

-  20  -

The  Commission  shall  adopt  measures  which  shall  apply 

immediately. 

However,  if  these  measures  are  not  in  accordance  with  the  opinion  of  the 

Committee,  they  shall  be  communicated  by  the  Commission  to  the  Council 

forthwith.  In  that  event,  the  Commission  may  defer  application  of  the 

measures  which  it  has  decided  for  up  to  one  month  from  the  date  of  such 

commun icat ion. 

The  Council,  acting  by  a  qualified  majority,  may  take  a  different  decision 

within  one  month. 

Article  17 

The  Committee  may  examine  any  other  matter  referred  to  it  by  its  chairman, 

either  on  the  chairman's  own  initiative  or  at  the  request  of  a  Member 

State. 

Article  18 

In accordance  with  the  procedure  laid  down  in Article  16: 

the  amounts  resulting  from  application  of  this  Regulation  may  be 

amended  when,  during  any  three-monthly  period,  a  threshold  price  is 

altered  or  a  production  refund  or  aid  is  introduced,  amended  or 

abolished; 

measures  may  be  taken  to  bring  the  provisions  of  this  Regulation  into 

line  with  any  technical  amendments  which  may  be  made  to  the  relevant 

regulations  on  agricultural  products. 

Article  19 

Methods  of  qualitative  and  quantitative  analysis  of  the  goods  and  the  other 

technical  provisions  necessary  for  identifying  them  or  for  determining 

then  composition  shall  be  adopted  in  accordance  with  the  procedure  laid 

down  in Article  10 of  Regulation  (EEC)  No  2658/87. 

-  21 

Art icle  20 

The  Member  States  shall  communicate  to  the  Commission  the  information 

necessary  for  implementing  this  Regulation  on  imports,  exports  and 

production  of  the  goods  and  on  the  administrative  implementing  measures 

adopted.  The  procedure  for  communication  of  this  information  shall  be  laid 

down  in accordance  with  the  procedure  laid  down  in Article  16. 

Article  21 

Regulation  (EEC) No  3033/80  is repealed  on  1 January  1994. 

References  to  Regulation  (EEC)  No  3033/80  in  any  other  Community 

instruments  shall.be  treated  as  references  to  this  Régulât ion. 

Regulation  (EEC)  No  3034/80  is  repealed  on  the  date  of  entry  into  force  of 

the  regulation  adopted  pursuant  to  Article  13(1). 

Article  22 

1. 

This  Regulation  shall  enter  into  force  on  the  seventh  day  following 

that  of  its  publication  in  the  Official  Journal  of  the  European 

Commun i t i es. 

It  shall  apply  with  effect  from  1 January  1994. 

2. 

The  application  of  this  Regulation  to  caseins  falling  within 

CN  Code  3501  10 and  to  caseinates  and  other  casein  derivatives  falling 

within  CN  Code  3501  90  90  shall  be  deferred  until  a  further  decision 

by  the  Counc i I. 

This  Regulation  shall  be  binding  in  its  entirety  and  directly 

applicable  in all  Member  States. 

Done  at  Brussels, 

For  the  Counci 

The  President 

-  22 -

Annex A 

List  of  the  agricultural  products  in  respect  of  which  price  differences 

between  the world market  and  the Community  market  can be offset* 

CN code 

Descr ipt ion 

0401 

0402 

ex  0403 

Milk  and cream, not  concentrated  nor  containing  added  sugar 
or other  sweetening  matter 

Milk  and cream, concentrated  or  containing  added  sugar or 
other  sweetening matter 

Buttermilk, curdled milk  and cream, yoghurt, képhir  and 
other  fermented or  acidified milk and cream, whether  or not 
concentrated  or  containing  added  sugar  or other  sweetening 
matter, not  flavoured or  containing  added  fruit, nuts or 
cocoa 

0404 

Whey, whether  or  not  concentrated  or  containing  added  sugar 
or other  sweetening matter, not elsewhere  specified or 
i ncIuded 

0405 

Butter  and other  fats and oils derived  from milk 

0709 90 60 

Sweet  corn, fresh or  chilled 

0712 90 19 

Dried sweet  corn, whole, cut, sliced, broken or  in powder, 
but  not otherwise  further  prepared, other  than hybrid  sweet 
corn  for sowing 

Chapter  10 

Cereals1 

1701 

1703 

Cane or beet  sugar  and chemically pure sucrose,  in solid 
form 

Molasses  resulting  from  the extraction or  refining of  sugar 

Agricultural  products  taken  into  account  when  used  in  the  unaltered 
state  or  after  processing  or  considered  to  have  been  used  for  the 
manufacture of  the goods  listed  in Table  1 of Annex  B. 
Excluding  spelt  for  sowing  falling  within  CN  code  1001  90  10, hybrid 
seed  maize  falling within  CN  codes  1005  10 11  to  1005  10 19, rice  for 
sowing  falling within CN code  1006  10 10 and  hybrid  sorghum  for  sowing 
falling within CN code  1007 00 10. 

- 23 -

V1/V/V7-.A 

B 

Dcsciiption 

Buttermilk,  curdled  milk  and  cream, yoghurt,  képhir  and  other  fermented  or  acidified 
milk  and  cream,  whether  or  not  concentrated  or  containing  added  sugar  or  other 
sweetening  matter  or  flavoured  or  containing  added  fruit,  nuts  or  cocoa : 

—  Yoghurt,  flavoured  or  containing  added  fruit  or  cocoa 

—  Other,  flavoured  or  containing  added  fruit  or  cocoa 

Table 1 

CN code 

ex 0403 

0403 10 51 
to 
0403 10 99 

0403 90 71 
to 
0403 90 99 

0710 40 00 

Sweet  corn  (uncooked  or  cooked  by  steaming  or  boiling  in  water),  frozen 

071190 30 

Sweet  corn  provisionally  preserved  (for  example,  by  sulphur  dioxide  gas,  in  brine,  in 
sulphur  water  or  in  other  preservative  solutions), but unsuitable  in  that  state  for  imme 
diate  consumption 

ex 1517 

Margarine ; edible  mixtures or preparations  of animal  or vegetable  fats or oils  or of  frac 
tions  of  different  fats  or oils  of  this chapter, other  than  edible  fats  or oils  or  their  frac 
tions  of  heading  No  1516: 

1517 10 10 

—  Margarine,  excluding  liquid  margarine  containing  more  than  10 %  but  not  more 

than  1 5%  by  weight  of  milk  fats 

1517 90 10 

—  Other, containing  more  than  10 % but  not more  than  15 % by weight  of  milk  fats 

1702 50 00 

Chemically  pure  fructose 

ex 1704 

1806 

1901 

Sugar  confectionery  (including  white  chocolate),  not  containing  cocoa  ;  excluding 
liquorice  extract  containing  more  than  10 %  by  weight  of  sucrose  but  not  containing 
other  added  substances,  falling  within  subheading  No  1704 90  10 

Chocolate  and  other  food  preparations  containing  cocoa 

Malt  extract;  food  preparations  of  flour,  meal,  starch  or  malt  extract,  not  containing 
cocoa  powder or containing  cocoa  powder in a proportion  by weight  of  less  than  50  %, 
not  elsewhere  specified  or  included;  food  preparations  of  goods  of  heading  Nos  0401 
to  0404,  not  containing  cocoa  powder  or  containing  cocoa  powder  in  a  proportion  by 
weight  of  less  than  10 %,  not  elsewhere  specified  or  included 

ex 1902 

Pasta,  whether  or  not  cooked  or  otherwise  prepared  excluding  stuffed  pasta  falling 
within  subheadings  1902  20  10  and  1902 20 30,  couscous,  whether  or  not  prepared 

1903 

1904 

1905 

Tapioca  and  substitutes  therefor,  prepared  from  starch  in  the  form  of  flakes,  grains, 
pearls,  sittings  or  similar  forms 

Prepared  foods  obtained  by  the  swelling  or  roasting  of  cereals  or  cereal  products  (for 
example  corn  flakes);  cereals,  other  than  maize  (corn),  in  grain  form,  pre-cooked  or 
otherwise  prepared 

Bread,  pastry,  cakes,  biscuits  and  other  bakers'wares, whether  or  not  containing  cocoa, 
communion  wafers,  empty  cachets  of  a  kind  suitable  for  pharmaceutical  use,  sealing 
wafers,  rice  paper  and  similar  products 

7001 V0 30 

Swrrt  corn  pirparrd  or  pirvivrd  by  vinrgai  oi  atclic  atul 

2001 90 40 

Yams,  sweet  potatoes  and  similar  edible  parts  of  plants  containing  5  %  or  more  by 
weight  of  starch,  prepared  or  preserved  by  vinegar  or  acetic  acid 

2004 10 91 

Potatoes  in  the  form  of  flour,  meal  or  flakes,  prepared  or  preserved 
otherwise  than  by  vinegar  or  acetic  acid 

frozen 

2004 90  10 

Sweet  corn  picparcd  or  preserved  otherwise  than  by  vinegar  or  acetic  acid  ;  frozen 

2005  20  10 

Potatoes  in  the  form  of  flour,  meal  or  flakes,  prepared  or  preserved 
otherwise  than  by  vinegar  or  acetic  acid  unfrozen 

2005  80 00 

Sweet  corn  (7.ea  mays  var. saccharata)  prepared  or preserved  otherwise  than  by  vinegar 
or  acetic  acid ;  not  frozen 

- 24 -

ex 2008 92 et 
ex 200S 99 

2008 99 85 

2008 99 91 

-Preparation of the Musli type based on unroasted cereal flakes 

- Other: 

—  Containing  added  s u g a r: 

Sweet  corn, otherwise  prepared  or  preserved,  not  containing  added  spirit  or  added  sugar 

Yams,  sweet  potatoes  and  similar  edible  parts  of  plants  containing  5 %  or  more  by 
weight  of  starch,  otherwise  prepared  or  preserved,  not  containing  added  spirit  or  added 
sugar 

2101 10 99 

Preparations  with  a  basis  of  extracts, essences  and  concentrates  of  coffee  or  with  a  basis 
of  coffee,  other  than  those  of  CN  code  2101  10 91 

2101 20 90 

Extracts,  essences  and  concentrates  of  tea  or  mate  and  preparations  with  a  basis  of 
these  extracts, or  with  a  basis  of  tea  or  maté, other  than  those  of  CN  code  2101  20  10 

i 

210130 19 

Roasted  coffee  substitutes  excluding  roasted  chicory 

210130 99 

2102 1031 
to 
2102 10 39 

2105 

ex 2106 

Extracts,  essences  and  concentrates  of  roasted  coffee  substitutes  excluding  those  of 
roasted  chicory 

Bakers'  yeast 

Ice  cream  and  other  edible  ice,  whether  or  not  containing  cocoa 

Food  preparations  not  elsewhere  specified  or  included  other  than  those  falling  within 
subheadings  2106  10  10  and  2106 90 91  and  other  than  flavoured  or  coloured  sugar 
syrups 

2202 90 91 
2202 90  95 
2202 90 99 

Non-alcoholic  beverages,  not  including  fruit  or  vegetable  juices  of  heading  No  2009, 
containing  products  of  Nos  0401  to  0404  or  obtained  from  products  of  heading  Nos 
0401  to  0404 

2905 43 

2905 44 

Mannitol 

D-Glucitol  (sorbitol) 

ex 3501 

Caseins  casemates  and  other  casein  derivatives 

ex 3505 10 

Dextrins  and  other  modified  starches,  excluding  esterified  or  etherified  starches  of 
subheading  3505  10 50 

3505 20 

3809 10 

3823 60 

Glues  based  on  starches  or  on  dextrins  or  other  modified  starches 

Prepared  glazings  and  prepared  tlressings  with  a  basis  of  amylaceous  substances 

Sorbitol  other  than  of  subheading  2905 44* 

-  25 -

Table 2 

CNCode 

0505 

Description 

Skins  and other  parts of  birds,  with  their  feathers  or  down,  feathers  and  part  of  feathers 
(whether  or  not  with  trimmed  edges)  and  down,  not  futher  worked  than  cleaned, 
disinfected  or  treated  for  preservation;  powder  and  waste  of  feathers  or  parts  of 
feathers: 

0505 10 

-  Feathers  of  a  kind  used  for  stuffing;  down: 

0505 10 90 

— other  than  raw 

0505 90 

-Other 

0509 00 90 

Natural  sponges  of  animan  origin,  other  than  raw 

1212 20 

1302 12 

1302 13 

1302 14 

1302  19  30 
and  1302  19 
91 

Seaweeds  and  other  algae 

Vegetable  saps  and  extracts  of  liquorice 

Vegetable  saps  and  extracts  of  hops 

Vegetable  saps  and  extracts  of  pyrethrum  or  of  the  roots  of  plants  containing  rotenone 

Intermixtures  of  vegetable  extracts,  for 
preparations;  other  vegetable  saps  and  extracts,  medicinal 

the  manufacture  of  beverages  or  of 

food 

ex 1302 20 

Pectates 

1302 31 

Agar-agar 

1302 32 10 

Mucilages  and  thickeners,  whether  or  not  modified,  denved  from  locust  beans  or  locust 
bean  seeds 

1505 

1506 

1515 60 

1516 20 10 

1517 90 93 

ex 1518 

1519 

1520 

1521 

Wool  grease  and  fatty  substances  derived  therefrom  (including  lanolin) 

Other  animal  fats  and  oils  and  their  fractions,  whether  or  not  refined,  but  not  chemically 
modified 

Jojoba  oil  and  its  fractions,  whether  or  not  refined,  but  not  chemically  modified 

Hydrogenated  castor  oil,  so  called  'opal-wax' 

Edible  mixtures  or  preparations  of  a  kind  used  as  mould  release  preparations 

Animal  or  vegetable  fats  and  oils  and  their  fractions,  boiled,  oxidised,  dehydrated, 
sulphurised,  blown,  polymerised  by  heat  vacuum  or  in  inert  gas  or  otherwise  chemically 
modified,  excluding  those  of  heading  No  1516;  inedible  mixtures  or  preparations  of 
animal  or  vegetable  fats  or  oils  or  of  fractions  of  different  fats  or  oils  of  this  Chapter, 
not  elsewhere  specified  or  including;  excluding  the  oils  of  CN  code  1518  00  31  and 
1518 00  39 

Industrial  monocarboxylic  fatty  acids;  acid  oils  from  refining;  industrial  fatty  alcohols 

Glycerol  (glycerine),  whether  or  not  pure;  glycerol  waters  and  glycerol  lyes 

Vegetable  waxes  (other  than  triglycerides),  beeswax,  other  insect  waxes  and  spermaceti, 
whether  or  not  refined  or  coloured 

1522 00 10 

Degras 

1702 90 10 

1704 90 10 

Chemically  pure  maltose 

Liquorice  extract  containing  more  than  10%  by  weight  of  sucrose  but  not  containing 
other  added  substances 

- 26 -

1803 

1804 

1805 

Cocoa paste, whether or not  defatted 

Cocoa butter,  fat and oil 

Cocoa powder, not containing  added  sugar or other sweetening  matter 

2001 90 60 

Palm hearts.prepared or preserved by vinegar or acetic acid 

2008 

Fruit,  nuts and other edible parts of plants, otherwise prepared  or  preserved,  whether  or 
not containing added  sugar or other sweetening  matter or spirit,  not  elsewhere  specified 
or  included: 

2008 11 10 

- Peanut butter 

2008 91 

- Palm hearts 

ex 2101 10 

2101 20 

2101 20 10 

Extracts,  essences  and  concentrates,  of  coffee,  and  preparations  with  a  basis  of  these 
extracts,  essences  or  concentrates  or  with  a  basis  of  coffee,  other  than  preparations  of 
CN code 2101  10 99 

Extracts,  essences  and  concentrates,  of  tea  or  maté,  and  preparations  with  a  basis  of 
these extracts, essences or concentrates or with a basis of  tea or  maté: 

-  containing  no  milkfats,  milk  proteins,  sucrose,  isoglucose,  glucose  or  starch  or 
containing  less than  1,5%  milkfat,  2,5%  milk  proteins,  5%  sucrose or  isoglucose,  5% 
glucose or starch 

2101 30 11 

Roasted  chicory 

2101 30 91 

Extracts, essences and concentrates of roasted  chicory 

2101  10 

2102  10 10 

2102  10 90 

2102 20 

2102 30 

2103 

2104 

2106 

2106  10 

2106  10 10 

2106 90 

2106 90 91 

Active yeasts: 

- Culture yeast 

- other,  excluding bakers'  yeast 

Inactive yeasts; other single-cell micro-organisms, dead 

Prepared baking powders 

Sauces  and  preparations  therefor;  mixed  condiments  and  mixed  seasonings;  mustard 
flour  and meal and prepared  mustard 

Soups and broths and preparations therefor;  homogenised  composite  food  preparations 

Food preparations not elsewhere specified  or  included: 

-  Protein concentrates and textured  protein  substances: 

-  containing  no  milkfats,  milk  proteins,  sucrose,  isoglucose,  glucose  or  starch  or 
containing  less than  1,5 % milkfat,  2,5 % milk  proteins,  5 % sucrose  or  isoglucose,  5 % 
glucose or starch 

- other than cheese fondues or  flavoured  or coloured  sugar syrups: 

-  containing  no  milkfats,  milk  proteins,  sucrose,  isoglucose,  glucose  or  starch  or 
containing  less than  1,5%  milkfat,  2,5%  milk  proteins,  5%  sucrose  or  isoglucose,  5% 
glucose or starch 

-  27  -

2201  10 

2202  10 

2202 90  10 

2203 

2205 

ex 2207 

ex 2208 

2402 

2403 

Mineral  waters  and  aerated  waters,  not  containing  added  sugar  or  other  sweetening 
matter nor  flavoured 

Waters,  including  mineral  waters  and  aerated  waters,  containing  added  sugar  or  other 
sweetening matter or  flavoured 

other  non-alcoholic  beverages,  not  including  fruit  or  vegetable  juices  of  heading  No 
2009,  not  containing  products  of  heading  n°s  0401  to  0404  or  fat  obtained  from 
products of heading N)s 0401 to 0404 

Beer made from  malt 

Vermouth and other wine of fresh  grapes flavoured  with plants or aromatic substances 

Undenatured  ethyl  alcohol  of  an  alcoholic  strengh  by  volume  of  80%  vol  or  higher; 
ethyl alcohol and other spirits, denaturated,  of any  strength: 

- other than obtained  from  agricultural  products listed  in Annex  II to the EEC Treaty 

Undenatured  ethyl  alcohol  of  an  alcoholic  strength  by  volume  of  less  tan  80%  vol,  not 
obtained  from  agricultural  products  listed  in  Annex  II  to  the  EEC  Treaty;  spirits, 
liqueurs and other spirituous beverages; compound  alcoholic preparations of a kind  used 
for the manufacture of beverages 

Cigars, cheroots, cigarillos and cigarettes, of  tobacco or of tobacco substitutes 

Other  manufactured  tobacco  and  manufactured  tobacco  substitutes;  'homogenized'  or 
'reconstituted* tobacco; tobacco extracts and  essences 

-  28  -

Annex C 

Processed agricultural products refered to in Article  1  (2) 

CN code 

Description 

0901 

0902 

2007 

2209 

Coffee,  whether  or  not  roasted  or  decaffeinated;  coffee  husks  and  skins; 
coffee  substitutes containing coffee  in any proportion 

Tea, whether or not  flavoured 

Jams,  fruit jellies,  marmelades,  fruit  or  nut purée and  fruit  or  nut pastes, 
being cooked preparations,  whether or not containing added sugar or other 
sweetening matter 

Vinegar and substitutes for vinegar obtained from  acetic acid 

-  29  -

ISSN 0254-1475 

COM (93) 135 final 

DOCUMENTS 

EN 

03 

Catalogue number : CB-CO-93-160-EN-C 

ISBN 92-77-54357-4 

Office for Official  Publications of the European Gornmunities 
L-2985 Luxembourg