Commission Regulation (EC) No 904/2008 of 17 September 2008 laying down the methods of analysis and other technical provisions necessary for the application of the export procedure for goods not covered by Annex I to the Treaty (Codified version)
Date: 2008-09-17
Institutions: European Commission
Subjects: analytical chemistry, customs regulations, disclosure of information, export (EU), milk fat, starch, sugar

18.9.2008

EN

Official Journal of the European Union

L 249/9

COMMISSION REGULATION (EC) No 904/2008

of 17 September 2008

laying down the methods of analysis and other technical provisions necessary for the application of
the export procedure for goods not covered by Annex I to the Treaty

(Codified version)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Article 2

Having regard to the Treaty
Community,

establishing the European

In accordance with the notes to Annex IV to Commission
Regulation (EC) No 1043/2005 (5) and for the purposes of
applying that Annex, the ‘Data obtained from the analysis of
the goods’ set out in column 3 shall be obtained using the
methods, procedures and formulae referred to in this Article:

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), and in particular Article 9
thereof,

1. Sugars

Whereas:

(1)

(2)

4056/87

Regulation

(EEC) No

Commission
of
22 December 1987 laying down the methods of
analysis and other technical provisions necessary for
the implementation of Regulation (EEC) No 3035/80
laying down general rules for granting export refunds
on certain agricultural products exported in the form
of goods not covered by Annex II to the Treaty, and
the criteria for fixing the amount of such refunds (2)
has been substantially amended (3).
In the interests of
clarity and rationality the said Regulation should be
codified.

In order to ensure uniform treatment of the exportation
from the Community of goods covered by Council Regu­
lation (EC) No 3448/93 of 6 December 1993 laying
down the trade arrangements applicable to certain
resulting from the processing of agricultural
goods
products (4),
to define the analytical
methods and other provisions of a technical nature.

is important

it

(3)

The measures provided for in this Regulation are in
accordance with the opinion of the Tariff and Statistical
Nomenclature Section of the Customs Code Committee,

HAS ADOPTED THIS REGULATION:

Article 1

This Regulation lays down the methods of analysis necessary for
the application of Regulation (EC) No 3448/93 as regards the
export of goods not covered by Annex I to the Treaty 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.

(1) OJ L 256, 7.9.1987, p. 1.
(2) OJ L 379, 31.12.1987, p. 29.
(3) See Annex I.
(4) OJ L 318, 20.12.1993, p. 18.

High performance liquid chromatography (HPLC) shall be
used for the individual determination of sugars.

A. The sucrose content mentioned in column 3 of Annex IV
to Regulation (EC) No 1043/2005 shall be equal to:

(a) S + (2F) × 0,95,

if the glucose content is not less than the fructose
content,

or

(b) S + (G + F) × 0,95,

if the glucose content is less than the fructose content

where:

S = is the sucrose content determined by HPLC,

F = is the fructose content determined by HPLC,

G = is 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
to the galactose content
glucose content, equivalent
(determined by HPLC),
shall be deducted from the
glucose (G) content before any other calculation is made.

B. The glucose content mentioned in column 3 of Annex IV
to Regulation (EC) No 1043/2005 shall be equal to:

(a) G – F,

where the glucose content is more than the fructose
content

(5) OJ L 172, 5.7.2005, p. 24.

L 249/10

EN

Official Journal of the European Union

18.9.2008

(b) 0 (Zero),

where the glucose content is equal to or less than the
fructose content.

Where the presence of a lactose hydrolysate is declared
and/or quantities of lactose and galactose are detected, a
to the galactose content
glucose content, equivalent
(determined by HPLC),
shall be deducted from the
glucose (G) content before any other calculation is made.

percentage proportion thereof shall be calculated by multi­
plying the percentage concentration of methyl butyrate by
25, multiplying the product by the total percentage fat
content by weight of the goods and dividing by 100.

Article 3

For the purposes of applying Annex III to Regulation (EC) No
1043/2005,
the percentage of mannitol and of D-glucitol
(sorbitol) shall be determined by HPLC.

2. Starch (or dextrin)

1.

A test report shall be drawn up.

Article 4

(dextrin shall be expressed as starch)

2.

The test report shall include the following particulars:

3505 20 10

A. For all CN codes other than CN codes 3505 10 10,
to
and
3505 20 90
3505 10 90,
3809 10 10 to 3809 10 90,
the starch (or dextrin)
content referred to in column 3 of Annex IV to Regu­
lation (EC) No 1043/2005 shall be calculated using the
formula:

(Z – G) × 0,9,

where

Z = is the glucose content determined by the method
to Commission Regulation

described in Annex I
(EEC) No 4154/87 (1);

G = is the glucose content determined by HPLC.

— all the information necessary for identifying the sample,

— the Community method used and precise reference to the
legal instrument in which it is laid down, or, where appro­
priate, 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.

B. For CN codes 3505 10 10, 3505 10 90, 3505 20 10 to
3505 20 90 and 3809 10 10 to 3809 10 90, the starch
(or dextrin) content shall be determined by the method
set out in Annex II to Regulation (EEC) No 4154/87.

Regulation (EEC) No 4056/87 is repealed.

Article 5

3. Milk fat content

References to the repealed Regulation shall be construed as
references to this Regulation and shall be read in accordance
with the correlation table in Annex II.

For the purposes of determining the milk fat content, a
method based on extraction with light petroleum, preceded
by hydrolysis with hydrochloric acid and followed by gas
chromatography of
the fatty acids,
shall be used. If the presence of milk fats is detected, the

the methyl esters of

(1) OJ L 392, 31.12.1987, p. 19.

Article 6

This Regulation shall enter into force on the 20th day following
that of
the European
Union.

its publication in the Official

Journal of

18.9.2008

EN

Official Journal of the European Union

L 249/11

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 17 September 2008.

For the Commission
The President

José Manuel BARROSO

ANNEX I

Repealed Regulation with its amendment

Commission Regulation (EEC) No 4056/87

(OJ L 379, 31.12.1987, p. 29)

Commission Regulation (EC) No 202/98

(OJ L 21, 28.1.1998, p. 5)

ANNEX II

Correlation table

Regulation (EEC) No 4056/87

This Regulation

Articles 1 to 4

Articles 1 to 4

—

Article 5

—

—

Article 5

Article 6

Annex I

Annex II