CELEX: 51995PC0743
Language: en
Date: 1995-12-22
Title: 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

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)
 ---pagebreak---  ---pagebreak---                               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.
 ---pagebreak---                                               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
 ---pagebreak--- 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
 ---pagebreak---        CN                               Description                                 Rate of duties      Supple
      Code                                                                 autonomous      conventional mentary
                                                                                %                %       unit
                                                                                                (4)       (5)
              unchanged
  2309 10
  to
  2309 90 39
                  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                                        exemption        exemption
                   Other :
  2309 90 41       • containing no milk products or containing less
                      than 10% by weight of such products
                                                                            86 ECU/t      80.8 ECU/t(l)
                   > containing not less than 10% by weight but less
  2309 90 43          than 50% by weight of milk products
                                                                           828 ECU/t       778J ECU/t
                    containing not less than 50% by weight of milk
  2309 90 49          products
                                                                          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
 ---pagebreak---  ---pagebreak---                                                                    ISSN 0254-1475
                                                            COM(95) 743 final
                                              DOCUMENTS
EN                                                                        02 03
                                    Catalogue number : CB-CO-95-785-EN-C
                                                             ISBN 92-77-99343-X
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