CELEX: 51987EC4056
Language: en
Date: 2007-02-16
Title: Draft Commission regulation (EC) no …/.. of […] 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)

EN

|[pic]                     |COMMISSION OF THE EUROPEAN COMMUNITIES                                                                           |

                                        Brussels,
                                        C(2007)

                                                                      Draft

                                                        COMMISSION REGULATION (EC) No …/..

                                                                      of […]

  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)

                                            ê 4056/87 (adapted)

                                                                      Draft

                                                        COMMISSION REGULATION (EC) No …/..

                                                                      of […]

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

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

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,

Whereas:

                                            ê

   1) Commission Regulation (EEC) No 4056/87 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.

                                            ê 4056/87 Recital 1 and 202/98 Recital 1 (adapted)

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

                                            ê 4056/87 Recital 2 (adapted)

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

                                            ê 4056/87 (adapted)

HAS ADOPTED THIS REGULATION:

                                                                    Article 1

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

                                                                    Article 2

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

1.    Sugars

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

       A.   The sucrose content mentioned in column 3 of Annex Ö IV Õ 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  glucose  content,
           equivalent to the galactose content (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 Ö IV Õ shall be equal to:

           (a)   G—F,

            where the glucose content is more than the fructose content

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

2.    Starch (or dextrin)

      (dextrin shall be expressed as starch)

       A.   For all Ö CN codes Õ other than Ö CN codes Õ 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 referred to in column 3 of Annex Ö IV Õ shall be calculated using the formula:

            (Z—G) × 0,9;

|where                                                                                                               |
|Z       |is the glucose content determined by the method described in Annex I to Commission Regulation (EEC) No     |
|        |4154/87[6];                                                                                                |
|G       |is the glucose content determined by HPLC.                                                                 |

       B.   For Ö CN codes Õ 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 (EC) No […/…].

                                            ê 202/98 Art. 1

3.    Milk fat content

      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 methyl esters of the fatty acids, shall be used. If the presence of milk  fats
       is detected, the percentage proportion thereof shall be calculated by multiplying 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.

                                            ê 4056/87 (adapted)

                                                                    Article 3

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

                                            ê 4056/87

                                                                    Article 4

1. A test report shall be drawn up.

2. The test report shall include the following particulars:

     – 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  appropriate,  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.

                                            ê 

                                                                    Article 5

Regulation (EEC) No 4056/87 is repealed.

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.

                                            ê 4056/87 Art. 5 (adapted)

                                                                    Article 6

This Regulation shall enter into force on Ö the twentieth day following that of its publication in the Official Journal of the European Union Õ.

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

Done at Brussels, […]

      For the Commission
      […]
      Member of the Commission

                                            é

                                                                     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                                                           |

                                                                  _____________

                                                             -----------------------
[1]   OJ L 256, 7.9.1987, p. 1. Ö Regulation as last amended by Regulation (EC) No 486/2006 (OJ L 88, 25.3.2006, p. 1). Õ
[2]   OJ L 379, 31.12.1987, p. 29. Regulation amended by Regulation (EC) No 202/98 (OJ L 21, 28.1.1998, p. 5).
[3]   See Annex I.
[4]   OJ L 318, 20.12.1993, p. 18. Regulation as last amended by Regulation (EC) No 2580/2000 (OJ L 298, 25.11.2000, p. 5).
[5]   OJ L 172, 5.7.2005, p. 24. Regulation as last amended by Regulation (EC) No 544/2006 (OJ L 94, 1.4.2006, p. 24).
[6]   [OJ L 392, 31.12.1987, p. 19.]