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
Date: 1995-12-22
Institutions: European Commission
Subjects: common customs tariff, maize, starch, tariff exemption, tariff nomenclature, waste

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 

2 

OJ  No  L256,  7.9.1987,  p. 1 

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 

unchanged 

2309 10 
to 
2309 90 39 

Description 

Rate 

of  duties 

autonomous 
% 

conventional 

% 

(4) 

Supple 

mentary 

unit 

(5) 

containing  more than  10 % but  not more than  30 % by 

weight of  starch  : 

2309 90 40 

Products referred  to in Additional  Note 5 
to this  Chapter 
Other : 

2309 90 41 

• containing no milk products or containing less 

than  10% by weight of such  products 

2309 90 43 

than  50% by weight of  milk  products 

> containing not less than  10% by weight but less 

2309 90 49 

products 

containing not less than 50% by weight of  milk 

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 

unchanged 

2309 90 51 
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 

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ISBN 92-77-99343-X 

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