31971R1528

522 Official Journal of the European Communities

20.7.71 Official Journal of the European Communities No L 162 / 1

REGULATION (EEC) No 1528/71 OF THE COUNCIL of 12 July 1971

amending Regulations No 120/67/EEC and No 359/67/EEC on the common organisation of the markets in cereals and in rice respectively

THE COUNCIL OF THE EUROPEAN COMMUNITIES, Whereas the amendments mentioned above also entail an amendment of the Common Customs Tariff annexed to Council Regulation (EEC) No 950/685 of Having regard to the Treaty establishing the 28 June 1968 on the Common Customs Tariff, as last European Economic Community, and in particular amended by Regulation (EEC ) No 1 /71 6 ; Article 43 thereof;

Having regard to the proposal from the Commission ; Whereas in accordance with Article 4 of Regulation No 120/67/EEC a single intervention price is fixed for maize when the quantities of indigenous maize Having regard to the Opinion of the European marketed after a normal harvest are less than 45% of Parliament; the amount consumed within the Community; whereas experience has shown that it is not necessary Whereas Council Regulation No 120/67/EEC1 of 13 to fix derived intervention prices for maize, even if June 1967 on the common organisation of the market the . quantities consumed exceed that percentage ; in cereals, as last amended by Regulation (EEC) No whereas this system should in consequence be 2434/702 contains linguistic discrepancies in the continued without restrictions provided there is no description of certain products ; whereas the wider disturbance of the market; definitions contained in the German and Dutch texts have resulted in higher export refunds being granted Whereas, in accordance with Article 32 (3 ) of for certain products ; whereas the German and Dutch Regulation No 120/67/EEC, it was permissible to texts of this Regulation should therefore be amended equate derived intervention prices for durum wheat, and the nomenclature of products falling within tariff . valid at secondary marketing centres, with the lowest sub-heading 11.02 B should therefore also be intervention prices ; -whereas this system, established amended ; whereas, moreover, the same alteration as a transitional measure and applied by the Member should be made to the Dutch text of Council State whose production is largest in the Community, Regulation 359/67/EEC3 of 25 July 1967 of the has given complete satisfaction ; whereas therefore, it common organisation of the market in rice, as last should be made definitive and extended to all amended by Regulation (EEC ) No 2434/704 ; marketing centres in Member States producing significant quantities of durum wheat; Whereas certain difficulties have arisen in distinguishing rolled grains from flaked grains ; Whereas Article 16 of Regulation . No 120/67/EEC whereas, in order to remedy this, these products makes proyision for granting export refunds on should be regrouped under a single tariff products listed in Article 1 of that Regulation in the sub-heading; form of foods set out in Annex B thereto ; whereas, to allow the export of such products in the form of other Whereas, to facilitate the application of the Common goods , it is necessary to supplement that Annex; Customs Tariff, it has been found appropriate to whereas, moreover, for reasons of clarity Annex B to classify pellets of products of the milling industry Regulation 120/67/EEC as amended should be within tariff heading No 11.02 ; reproduced in full ; whereas, for the same reasons, the wording of the nomenclature of products falling within tariff heading No 23.07 should be amended; 1 OJ No 117, 19.6.1967, p.2269/67. 2 OJ No L 262 , 3.12.1970 , p. 1 . 3 OJ No 174 , 31.7.1967, p. 1 . 5 OJ No L 172 , 22.7.1968 , p . 1 . 4 OJ No L 262 , 3.12.1970 , p . 1 . 6 OJ No L 1 , 1.1.1971 , p. 1 .

Official Journal of the European Communities 523

HAS ADOPTED THIS REGULATION : 2. The following shall be substituted for the description of goods falling within tariff heading 23.07 : , Article 1

' CCT Regulation 120/67/EEC shall be amended as follows : heading Description of goods No ( a) in Article 1 (c) and Article 11 ( 1 ) c of the 23.07 Sweetened forage ; other preparations of German text, the words 'Grobgrief? und a kind used in animal feeding ; Feingriel?' shall be substituted for the words ex B. other, containing starch, glucose , or 'Griitze und Griefi'; glucose syrup falling within sub­ headings 17.02 B and 17.05 B, or milk products (falling within head­ (b) in Article 1 (c) and Article 11 ( 1 ) (c) of the ings or sub-headings 04.01 , 04.02, Dutch text, the words 'gries en griesmeel' shall be 04.03 , 04.04, 17.02 A or 17.05 A), substituted for the words 'grutten, gries en excluding other preparations and griesmeel'. foods containing 50% or more by weight of milk products falling within one or more of the above headings or sub-headings Article 2

Regulation No 359/67/EEC shall be amended as Article 4 follows : Article 4 of Regulation No 120/67/EEC shall be ( a) in Article 1 ( c) of the Dutch text, the words 'gries amended as follows : en griesmeel' shall be substituted for the words ' grutten , gries en griesmeel'; ( a) The following shall be substituted for the text of paragraph 2 : (b ) in Article 1 (c), the reference to tariff sub-heading ' 11.02 E VI' shall become ' 11.01 E II (e) 1 '. 'By way of derogation from paragraph 1 , a single intervention price shall be fixed for maize and a single derived intervention price for durum Article 3 wheat. These prices shall be valid at all marketing centres for these cereals, with the Annex A to Regulation No 120/67/EEC shall be exception of Duisburg for durum wheat, amended as follows : provided that the quantities of indigenous 'maize and durum wheat marketed at the time of a 1 . The following shall be substituted for the normal harvest are less than the quantities descriptions of goods falling within tariff consumed within the Community. For maize this sub-heading 11.02 : price shall correspond to the lowest derived intervention price fixed in the Community where CCT paragraph 1 is applied. For durum wheat, this heading Description of goods price shall be equal to the lowest price resulting No from the application of paragraph 1 .'. ex 11.02 Cereal groats and cereal meal ; other ( b ) The following shall be substituted for the text of worked cereal grains (for example, rolled, flaked, polished, pearled or kibbled, but paragraph 4 ( a): not further prepared), except husked, glazed, polished, or broken rice ; germ 'in respect of each Member State and each cereal of cereals, whole, rolled, flaked or ground : produced in significant quantity in that Member ex A. Cereal groats and cereal meal other State, except for maize and for durum wheat than groats and meal of wheat and when the provisions of paragraph 2 are applied, of rice the marketing centre to which the lowest derived B. Hulled grains (shelled or husked) whether or not sliced or kibbled intervention price applied and the price in question .' C. Pearled grains D. Grains not otherwise worked than kibbled (c) The following shall be substituted for the text of ex E. Rolled grains ; flakes other than rice paragraph 4 (c): flakes F. Pellets 'The intervention price for maize and the derived G. Germ of cereals , whole, rolled , intervention price for durum wheat referred to in flaked or ground paragraph 2 where the provisions of that paragraph are applied.'

524 Official Journal of the European Communities

Article S note to Chapter 11 of the Common Customs Tariff . Annex I to this Regulation shall be substituted for Annex B to Regulation No 120/67/EEC . 2 . The nomenclature of products falling within tariff heading No 11.02 shall be as shown in Annex III to this Regulation . Article 6

Article 7 Regulation ( EEC) No 950/68 shall be amended as follows : This Regulation shall enter into force on the third day following its publication in the Official Journal 1 . The additional notes given in Annex II to this of the European Communities. It shall apply from Regulation shall be substituted for the additional 1 August 1971 .

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

Done at Brussels, 12 July 1971 .

For the Council The President

M. PEDINI

Official Journal of the European Communities 525

ANNEX 1

CCT heading Description of goods No

17.02 Other sugars ; sugar syrups ; artificial honey (whether or not mixed with natural honey); caramel ; B. Glucose and glucose syrup : I. Containing, in the dry state, 99% or more by weight òf the pure product

17.04 Sugar confectionery , not containing cocoa : B. Chewing gum C. White chocolate D. Other

ex 18.06 C Chocolate and chocolate goods , whether or not filled ; sugar confec­ tionery and substitutes therefor, made from sugar substitution prod­ ucts , containing cocoa

19.01 Malt extract

19.02 Preparations of flour, starch or malt extract , of a kind used as infant food or for dietetic or culinary purposes , containing less than 50% by weight of cocoa

19.03 Macaroni , spaghetti and similar products

19.04 Tapioca and sago ; tapioca and sago substitutes obtained from potato or other starches

19.05 Prepared foods obtained by the swelling or roasting of cereals or cereal products (puffed rice, corn flakes and similar products)

19.06 Communion wafers , empty cachets of a kind suitable for pharma­ ceutical use, sealing wafers, rice paper and similar products

19.07 Bread , ship's biscuits and other ordinary bakers' wares, not containing added sugar, honey, eggs, fats, cheese or fruit

19.08 •Pastry, biscuits, cakes and other fine bakers' wares, whether or not containing cocoa in any proportion

21.01 Roasted chicory and other roasted coffee substitutes ; extracts , es­ sences and concentrates thereof : A. Roasted chicory and other roasted coffee substitutes : II . Other (than roasted chicory) B. Extracts , essences and concentrates of the products described under sub-heading A : II . Other ( than extracts of roasted chicory)

ex 21.05 Soups and broths in liquid , solid or powder form

21.07 Food preparations not elsewhere specified or included

22.03 Beer made from malt

526 Official Journal of the European Communities

CCT heading Description of goods No

29.04 Acyclic alcohols and their halogenated, sulphonated, nitrated and nitrosated derivatives : C. Polyhydric alcohols : III . Sorbitol

29.10 Acetáis and hemiacetals and single or complex oxygen-function acetals and hemiacetals , and their halogenated, sulphonated , ni­ trated or nitrosated derivatives : ex B. Other —' Methylglucosides

29.14 Monoacids and their anhydrides , acid halides, acid peroxides and peracids, and their halogenated, sulphonated , nitrated or nitrosated derivatives : ex A. Saturated acyclic monoacids — Esters of sorbitol ex B. Unsaturated acyclic monoacids : — Esters of sorbitol

29.16 Alcohol-acids , aldehyde-acids , ketone-acids, phenol-acids and other single or complex oxygen-function acids , and their anhydrides, acid halides , acid peroxides and peracids, and their , halogenated , sul­ phonated, nitrated or nitrosated derivatives A. Alcohol-acids V. Gluconic acid , its salts and esters ex VIII . Other : — Glyceric acid, glycolic acid, saccharonic acid, isosacchar­ onic acid, heptasaccharic acid, their salts and esters

29.35 Heterocyclic compounds ; nucleic acids ex T. Other : — Anhydric compounds of sorbitol (for example sorbitane) excluding maltol and isomaltol

29.43 Sugars , chemically pure , other than sucrose, glucose and lactose sugar ethers and sugar esters , and their salts, other than products of headings Nos 29.39, 29.41 and 29.42 : ex B. Other : — Sorbose, its salts and esters

35.05 Dextrins and dextrin glues ; soluble or roasted starches ; starch glues

35.06 Prepared glues not elsewhere specified or included ; products suitable for use as glues , put up for sale by retail as glues in packages not exceeding a net weight of 1 kg . — with a base of sodium silicate emulsions

38.12 Prepared glazings, prepared dressings and prepared mordants , of a kind used in the textile, paper, leather or like industries A. Prepared glazings and prepared dressings : I. With a base of amylaceous substances

38.19 Chemical products and preparations of the chemical or allied indus­ tries (including those consisting of mixtures of natural products), not elsewhere specified or included ; residual products of the chemical or allied industries, not elsewhere specified òr included R. Foundry core binders based on synthetic resins Ex T. Other : — Sorbitol cracking products

Official Journal of the European Communities 527

CCT heading Description of goods < No

39.02 Polymerisation and copolymerisation products (for example, poly­ ethylene, polytetrahaloethylenes, polyisobutylene, polystyrene, poly­ vinyl chloride, polyvinyl acetate, polyvinyl chloroacetate and other polyvinyl derivatives, polyacrylic and polymethacrylic derivatives, coumarone-indene resins) : ex C. Other : — adhesives with a base of resin emulsions

39.06 Other high polymers, artificial resins and artificial plastic materials, including alginic acid, its salts and esters, linoxyn :

/ ex B. Other, excluding linoxyn

528 Official Journal of the European Communities

ANNEX II

Additional notes

1 . For the purpose of distinguishing between products falling within headings Nos 11.01 and 11.02 and those falling within sub-heading 23.02 A, products falling within headings Nos 11.01 and 11.02 shall be considered to be those having both :

— starch content (determined by the modified Ewers polarimetric method) exceeding 45% by weight, referred to dry matter, . — ash content, by weight, referred to dry matter (after deduction of any added mineral matter) not exceeding 1.6% in respect of rice, 2.5% in respect of wheat and rye, 3% in respect of barley, 4% . in respect of buckwheat, 5% in respect of oats and 2% in respect of other cereals .

Germ of cereals, whole, rolled, flaked or ground, falls in all cases within heading No 11.02.

2. (a) Products from the milling of wheat, rye, oats, barley, rice and bucktvheat (other than flour of germ of cereal) falling within headings 11.01 and 11.02 in accordance with additional note 1 of this chapter shall be classified under No 11.01 when the rate of passage through a screen of silk gauze or of artificial or synthetic fibre fabric of 0-315 mm mesh is 80% or more by weight. Products shall however be classified under No 11.02 of the rate of passage through such a screen is less than 80% by weight.

(b) Products from the milling of maize and sorghum (or 'milo.com') — other than flour of germ of cereal — falling within headings 11.01 and 11.02 in accordance with additional note 1 of this chapter shall be classified under No 11.01 when the rate of passage through a screen of silk gauze or of arti­ > ficial or synthetic fibre of 0-5 mm mesh is 90% or more by weight. Products shall however be classified under No 11.02 if the rate of passage through such a screen is less than 90% by weight.

( c) Products from the milling of cereals covered by this chapter, in the form of cylinders, pellets etc. agglomerated either by pressure alone, or with the aid of a binder, in a proportion of up to 3% by weight, are to be classified within the sub-heading 11.02 F.

3. For the purposes of sub-heading 11.02 A, 'groats and meal' means products obtained by fragmentation of cereal grains and meeting one of the following criteria :

(a) maize products must pass through a screen of silk gauze or of artificial or synthetic fibre fabric of 2 mm mesh in a proportion of fit least 95% by weight ;

(b) other cereal products must pass through a screen of silk gauze or of artificial or synthetic fibre fabric of 1-25 mm mesh in a proportion of at least 95% by weight.

Official Journal of the European Communities 529

ANNEX III

CCT heading Description of goods No

11.02 Cereal groats and cereal meal ; other worked cereal grains (for example, rolled , flaked, polished, pearled or kibbled , but not further prepared), except husked, glazed, polished or broken rice ; germ of cereals, whole , rolled, flaked or ground : A. Cereal groats and cereal meal : I. Wheat : (a) Durum wheat (b) Common wheat II . Rye III. Barley ' IV . Oats V. Maize ( a) Of a fat content not exceeding 1-5% by weight : 1 . For the brewing industry a 2 . Other ( b) Other VI . Rice VII . Buckwheat VIII . Millet IX . Grain sorghum > X. Other

B. Hulled grains (shelled or husked) whether or not sliced or kibbled : I. Barley , oats, buckwheat and millet : ( a) Hulled (shelled or husked) : 1 . Barley 2 . Oats (aa) clipped oats (bb) other 3 . Buckwheat 4 . Millet ( b) Hulled and sliced or kibbled (' Grutze' or 'grutten') : l.|Barley 2 . Oats 3 . Buckwheat 4 . Millet II . Other cereals : ( a) Wheat ( b) Rye - ( c) Maize (d) Grain Sorghum % ( e) Other

a Inclusion within this sub-heading is subject to conditions to be determined by the competent authorities*.

530 Official Journal of the European Communities

CCT heading ' Description of goods No

11.02 C. Pearled grains : (Cont'd) I. Wheat' II . Rye III. Barley IV . Oats V. Maize VI . Buckwheat VII . Millet VIII . Grain Sorghum IX . Other

D. Grains not otherwise worked than kibbled : I. Wheat II. Rye III . Barley . IV. Oats V. Maize VI . Buckwheat VII . Millet VIII. Grain Sorghum IX . Other

E. Rolled grains ; flaked grains : I. Barley, oats , buckwheat and millet : ( a) Rolled : 1 . Barley 2. Oats 3 . Buckwheat 4 . Millet (b) Flaked : 1 . Barley 2 . Oats 3 . Buckwheat 4. Millet II . Other cereals : ( a) Wheat ( b) Rye ( c) Maize ( d) Grain sorghum ( e) Other : 1 . Flaked rice ' 2 . Other ,

Official Journal of the European Communities 531

CCT heading Description of goods No

11.02 F. Pellets : (Cont'd) I. Wheat II. Rye III. Barley IV . Oats V. Maize VI . Rice VII . Buckwheat VIII . Millet -IX. Grain sorghum X. Other

G. Germ of cereals, whole, rolled, flaked or ground : I. Wheat II . Other