CELEX: 31986R2223
Language: en
Date: 1986-07-14 00:00:00
Title: Council Regulation (EEC) No 2223/86 of 14 July 1986 amending 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

17. 7. 86                                 Official Journal of the European Communities                                  No L 194/ 1
                                                                 I
                                               (Acts whose publication is obligatory)
                                         COUNCIL REGULATION (EEC) No 2223/86
                                                          of 14 July 1986
                  amending 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
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                             whereas the list of goods appearing in Annex A of Regu­
                                                                     lation (EEC) No 3035/80 for which a refund can be
Having regard to the Treaty establishing the European                granted when exported should be extended to include
Economic Community,                                                  beet or cane syrups containing, in the dry state, 85 % or
                                                                     more but less than 98 % by weight of extractable sugar ;
Having regard to Council Regulation (EEC) No 804/68 of               Whereas Regulation (EEC) No 3035/80 should be
27 June 1968 on the common organization of the market
                                                                     amended in the light of changes in the Common
in milk and milk products ('), as last amended by Regula­            Customs Tariffs nomenclature and the tariff classification
tion (EEC) No 1335/86 (2), and by the Act of Accession of            of goods ;
Spain and Portugal, and in particular Article 1 7 (3) thereof
and the corresponding provisions of certain other regula­
tions on the common organization of the market in agri­              Whereas rules should be laid down specifying the basis
cultural products,                                                   for calculating the refund for sorbitol mixtures exported
                                                                     from the Community,
Having regard to the proposal from the Commission,
Whereas Article 1 (2) (e) of Regulation (EEC) No
                                                                     HAS ADOPTED THIS REGULATION :
3035/80 (3), as last amended by Regulation (EEC) No
1982/85 (4) assimilates, under certain conditions, milk and
cream to concentrated milk meeting the description of
the pilot product for Group 4 shown in Annex I to Regu­                                            Article 1
lation (EEC) No 2915/79 (5), as last amended by Regula­
tion (EEC) No 748/86 (6) ;                                           Regulation (EEC) No 3035/80 is hereby amended as
                                                                     follows :
Whereas the third and sixth indents of Article 3 ( 1 ) (a) of
Regulation (EEC) No 3035/80 provide that, in the case of               1 . In Article 1 (2), the second indent of subparagraph (c)
use, unprocessed, of a basic product or of a product assi­                 and subparagraph (e) shall be deleted.
milated to a basic product, the quantity of each of such
basic products which should be taken into account in                   2. In Article 1 (2), subparagraphs (f) and (g) shall become
calculating the amount of the refund should be that                        (e) and (f) respectively.
which is actually used in the manufacture of the exported
goods, account being taken of the appropriate conversion
rates ;
                                                                       3 . Article 1 (2) (f) shall be replaced by the following :
                                                                           '(f) — concentrated milk or cream, other than in
Whereas the range of different types of concentrated milk                           powder or granules, without added sugar,
used by the processing industry has expanded in such a                          — cheese
way that the rules in force must be adapted ;
                                                                                    shall be assimilated to :
(') OJ  No L  148 , 28 . 6. 1968, p. 13.                                             (i) milk powder meeting the description of
(2) OJ  No L  119,  8 . 5. 1986, p. 19 .                                                 the pilot product for Group 2 shown in
(3) OJ  No L  323,  29. 11 . 1980, p. 27.                                                Annex I to Regulation (EEC) No 2915/79
(4) OJ  No L  186,  19. 7. 1985, p. 8 .
0   OJ  No L  329,  24. 12. 1979, p. 1 .                                                 for the non-fat part of the dry matter
¥) OJ No L 71 , 14. 3. 1986, p. 3.                                                       content of the assimilated product ; and
 ---pagebreak--- No L 194/2                               Official Journal of the European Communities                                      17. 7. 86
               (ii) butter meeting the description of the                  D-glucitol (sorbitol) obtained       from     amylaceous
                    pilot product for Group 6 shown in                     products and sucrose.'
                    Annex I to Regulation (EEC) No 2915/79
                    for the milk fat part of the assimilated        10. In Annex A, subheading 'ex 04.02 A III, Concen­
                    product.'                                              trated milk with a fat content by weight of 7,5 % and
                                                                           a content by weight referred to dry matter equal to
 4. The following point shall be added to Article 1 (2) :                  25 % (PG 4)' shall be deleted.
     '(g) with regard to the beet or cane syrups referred to        1 1 . The text appearing in Annex A opposite subheading
          in Annex A, account shall be taken of :                          ex 1 7.02 D II, shall be replaced by the following :
          (i) the sucrose content (including invert sugar                 'Beet or cane syrups containing in the dry state 85 %
              expressed as sucrose) of the syrup in question,             or more of sucrose (including invert sugar expressed
              where the latter is not less than 98 % pure ;                as sucrose)'.
          (ii) the extractable sugar content of the syrup in       12. In Annex B, subheading 38.19 U shall be replaced by
               question, where the latter is not less than                subheading 38.19 X.
               85 % , but less than 98 % pure.
                                                                   13 . In Annex C the entries relating to headings 29.04 and
     The purity and the extractable sugar content of the                  38.19 shall be replaced by those appearing in the
     syrups in question shall be calculated in accordance                 Annex to this Regulation.
     with the first and second subparagraphs of Article 1
     (5) of Commission Regulation (EEC) No 1443/82 (').            14. The following footnote f7) shall be added to Annex C :
                                                                          'I7) The refund shall be determined in relation to the
     (■) OJ No L 158, 9. 6. 1982, p. 17.'                                      quantities used of D -glucitol (sorbitol) obtained
                                                                               from any amylaceous products and of D -glucitol
 5. The following paragraph shall be inserted after the                        (sorbitol) obtained from sucrose, and shall be
     first paragraph of Article 2 :                                            calculated on the basis of the following quantities
                                                                               of maize and white sugar :
     'However, in the case of D -glucitol (sorbitol) mixtures
     falling under headings 29.04 and 38.19 of the                             — 1,52 kg of maize for 1 kg of D-glucitol
     Common Customs Tariff, where the party concerned                               (sorbitol) in aqueous solution, obtained from
     does not draw up the declaration mentioned in the                              amylaceous products,
     fourth indent of Article 8 (3) or does not provide                        — 0,74 kg of white sugar for 1 kg of D-glucitol
     satisfactory documentation in support of his declara­                          (sorbitol) in aqueous solution, obtained from
     tion, the rate of the refund on these mixtures shall be
                                                                                    sucrose ,
     that for the basic product to which the lowest rate of
     refund is applicable.'                                                    — 2,45 kg of maize for 1           kg of D -glucitol
                                                                                    (sorbitol), other than in    aqueous solution,
 6. In Article 3 ( 1 ), the third indent of subparagraph (a)                        obtained from amylaceous     products,
     shall be replaced by the following :                                      — 1,06 kg of white sugar for      1 kg of D -glucitol
                                                                                    (sorbitol) other than in     aqueous solution,
     '— 1,01 kg of the pilot product of Group 2 shall                               obtained from sucrose .'
          correspond to the non-fat part of 100 kg of
          concentrated milk or cream, other than in                15. In Annex C, former footnote Q shall become foot­
          powder or granules, without added sugar per 1 %                 note (8) and read as follows :
          weight of non-fat dry matter contained in the
          concentrated product,'.                                         '(8) These quantities and those given in footnote (J)
                                                                               shall   be   understood   to be  calculated   for an
                                                                               aqueous solution of D -glucitol (sorbitol) with a dry
 7. In Article 3 ( 1 ), the sixth indent of subparagraph (a)                   matter content by weight of 70 % . For aqueous
     shall be replaced by the following :                                      solutions of sorbitol with a different dry matter
     '— 1,22 kg of the pilot product of Group 6 shall                          content, these quantities shall be increased or
          correspond to the fat part of 100 kg of concen­                      reduced, as the case may be, in proportion to the
          trated milk or cream, other than in powder or                        actual dry matter content, and rounded off to the
          granules, without added sugar per 1 % by weight                      next kg down.'
          of    milk   fat contained    in   the  concentrated
                                                                   16. In Annex C, former footnote (8) shall beome foot­
          product,'.                                                      note (9).
 8 . In the seventh indent of Article 3 ( 1 ), the reference to
     Article 1 (2) (f) shall be replaced by a reference to                                        Article 2
     Article 1 (2) (e).
                                                                   This Regulation shall enter into force on the third day
 9 . To the end of the fourth indent of Article 8 (3) shall        following that of its publication in the Official Journal of
     be added : 'and, where necessary, the proportions of          the European Communities.
 ---pagebreak--- 17. 7. 86                               Official Journal of the European Communities                            No L 194/3
           This Regulation shall be binding in its entirety and directly applicable in all Member
           States .
           Done at Brussels, 14 July 1986.
                                                                                 For the Council
                                                                                  The President
                                                                                   M. JOPLING
                                                               ANNEX
    CCT
   heading                                            Description                                       Maize    White sugar
     No
                                                                                                          kg         kg
    29.04  Acyclic alcohols and their halogenated, sulphonated, nitrated or nitrosated derivatives :
           C. Polyhydric alcohols :
                II . D -mannitol (mannitol)                                                            \            106
\              III . D-glucitol (sorbitol) :
                      a) In aqueous solution :                                                         I
                          1 . Containing 2 % or less by weight of D -mannitol calculated on the
                              D-glucitol content                                                        172 (')
                         2 . Other                                                                       00        00
                      b) Other :
                          1 . Containing 2 % -or less by weight of D -mannitol calculated on the       \
                              D-glucitol content                                                        245
                          2 . Other                                                                      0         0
    38.19  Chemical products and preparations of the chemical or allied industries (including
           those consisting of mixtures of natural products), not elsewhere specified or included ;    I
           residual products of the chemical or allied industries, not elsewhere specified or          \
           included :                                                                                  II
           T. D -glucitol (sorbitol) other than that falling within subheading 29.04 C III :
                I. In aqueous solution :                                                               Il
                     a) Containing 2 % or less by weight of D -mannitol, calculated on the D -glucitol
                         content                                                                        172 0
                     b) Other                                                                            00        00
               II . Other :                                                                            ||
                     a) Containing 2 % or less by weight of D -mannitol, calculated on the D -glucitol \\
                         content                                                                        245
                     b) Other                                                                            0         0