COMMISSION REGULATION (EC) No 1294/94 of 3 June 1994 on implementing measures of the trade arrangements applicable on imports of certain goods resulting from the processing of agricultural products
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EC) No 3448/93 of 6 December 1993 laying down the trade arrangements applicable to certain goods resulting from the processing of agricultural products (1), and in particular Article 13 thereof,
Whereas Council Regulation (EEC) No 3034/80 (2), as last amended by Commission Regulation (EEC) No 572/91 (3), had fixed the implementing measures of the regime of the variable component levies and the additional duties, applicable on imports of certain goods resulting from the processing of agricultural products;
Whereas Regulation (EEC) No 3034/80, pursuant to Article 21 of Regulation (EC) No 3448/93, shall be repealed on the date of entry into force of the Commission Regulation adopted by virtue of Article 13 of that same Regulation (EC) No 3448/93;
Whereas therefore the Commission shall determine for certain goods covered by that Regulation the type and characteristics of the basic products to be used for the calculation of the variable component levies and the additional duties on sugar and flour applicable to these goods, and the quantities of such basic products considered to have been used in their manufacture;
Whereas in the given circumstances the variable component levied on imports of chemically pure fructose, established by Council Regulation (EEC) No 1436/90 (4) amending Regulation (EEC) No 3033/80 (5) in order to restore normal terms of competition must be continued; whereas it is appropriate that the level of that variable component should be aligned with the level of the levy on isoglucose which can compete directly with fructose; whereas it shall however not apply to fructose originating from third countries with which the Community has entered into preferential trade agreements;
Whereas in order to avoid the levying of amounts with little economic interest a minimum shall be fixed;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for horizontal questions concerning trade in processed agricultural products not listed in Annex II,
HAS ADOPTED THIS REGULATION:
Article 1
With a view to establishing the differences of prices referred to in Article 3 (2) of Regulation (EC) No 3448/93 the following agricultural products shall be considered as basic products:
- common wheat,
- durum wheat,
- rye,
- barley,
- maize,
- long grain husked rice, hereinafter referred to as 'rice',
- white sugar,
- molasses,
- milk powder complying with the definition of the Group 2 pilot product given in Annex I to Council Regulation (EEC) No 2915/79 of 18 December 1979, determining the groups of products and the special provisions for calculating levies on milk and milk products (6), hereinafter referred to as 'skimmed-milk powder (PG2)',
- milk powder complying with the definition of the Group 3 pilot product given in Annex I to Regulation (EEC) No 2915/79, hereinafter referred to as 'whole-milk powder (PG3)',
- butter complying with the definition of the Group 6 pilot product given in Annex I to Regulation (EEC) No 2915/79, hereinafter referred to as 'butter (PG6)'.
Article 2
The quantities of basic products considered to have been used in the manufacture of goods listed in Table 1 of Annex B to Regulation (EC) No 3448/93 shall be as shown in Annex I hereto in respect of the relevant specifications in the combined nomenclature.
For goods falling within CN codes for which Annex I refers to Annex II, such quantities shall be as shown in Annex II. For these latter goods, an additional code shall apply, according to the composition of the goods, as shown in Annex III.
Article 3
The quantities of sugar and cereals to be taken into consideration in calculating the additional duties on sugar (AD S/Z) and on flour (AD F/M) shall be as shown in Annex II under B and C, for the given contents of sucrose, invert sugar and/or isoglucose, and of starch and/or glucose, respectively.
However, at the request of the interested party the additional duty shall be calculated on the basis of the real content, whereby 100 kg of white sugar shall correspond to 100 kg of sucrose, invert sugar and/or isoglucose, and 220 kg of common wheat shall correspond to 100 kg of starch and/or glucose.
Article 4
The variable component charged on imports of goods falling within CN code 1702 50 shall be equal to the levy on imports of isoglucose falling within CN codes 1702 30 10, 1702 40 10, 1702 60 10 and 1702 90 30, fixed according to the rules established by the common organization of the market in sugar.
The variable component mentioned in paragraph 1 shall not apply to imports of goods falling within CN code 1702 50 originating in third countries with which the Community has concluded a preferential trade agreement.
Article 5
The variable components referred to in Article 3 and the additional duties referred to in Article 4 of Regulation (EC) No 3448/93 shall be fixed at zero if the amount calculated for 100 kg of goods is less than ECU 2,0.
Article 6
This Regulation shall enter into force on 1 August 1994.
References in Community Instruments to Regulation (EEC) No 3034/80 or to any articles thereof shall be considered as references to this Regulation or to the corresponding articles thereof.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 3 June 1994.