31986R2223

17 . 7 . 86 No L 194/ 1 Official Journal of the European Communities

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 granted when exported should be extended to include Having regard to the Treaty establishing the European beet or cane syrups containing, in the dry state, 85 % or Economic Community, 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 Whereas rules should be laid down specifying the basis tions on the common organization of the market in agri­ for calculating the refund for sorbitol mixtures exported cultural products, 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 3 . Article 1 (2) (f) shall be replaced by the following : rates ; '(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 . for the non-fat part of the dry matter 0 OJ No L 329 , 24. 12. 1979 , p. 1 . ¥) OJ No L 71 , 14. 3 . 1986, p. 3. content of the assimilated product ; and

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 25 % (PG 4)' shall be deleted. 4. The following point shall be added to Article 1 (2) :

'(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 :

'Beet or cane syrups containing in the dry state 85 % (i) the sucrose content (including invert sugar or more of sucrose (including invert sugar expressed expressed as sucrose) of the syrup in question, as sucrose)'. where the latter is not less than 98 % pure ; (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 — 2,45 kg of maize for 1 kg of D-glucitol refund is applicable.' (sorbitol), other than in aqueous solution, obtained from amylaceous products, 6. In Article 3 ( 1 ), the third indent of subparagraph (a) 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 '(8) These quantities and those given in footnote (J) concentrated product,'. 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 content, these quantities shall be increased or '— 1,22 kg of the pilot product of Group 6 shall reduced, as the case may be, in proportion to the correspond to the fat part of 100 kg of concen­ actual dry matter content, and rounded off to the trated milk or cream, other than in powder or next kg down .' granules, without added sugar per 1 % by weight 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.

17 . 7 . 86 No L 194/3 Official Journal of the European Communities

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