HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"L 166/6
EN
Official Journal of the European Union
25.6.2011
COMMISSION IMPLEMENTING REGULATION (EU) No 617/2011
of 24 June 2011
amending Regulation (EC) No 900/2008 laying down the methods of analysis and other technical
provisions necessary for the application of the arrangements for imports of certain goods resulting
from the processing of agricultural products
THE EUROPEAN COMMISSION,
and additional duties for flour in the case of non-prefer
ential imports as provided for in Part Two and in Part
Three, Section I, Annex 1, of Annex I to Regulation
Having regard to the Treaty on the Functioning of the European
(EEC) No 2658/87.
Union,
(4) In
order
to
ensure
effective
application
of
Regulation
(EC)
Having regard to Council Regulation (EC) No 1216/2009 of
No 900/2008, it is necessary to provide that the methods
30 November 2009 laying down the trade arrangements
and procedures laid down therein for classifying certain
applicable to certain goods resulting from the processing of
goods falling within certain CN codes for the purposes of
agricultural products ( 1 ), and in particular Article 18 thereof,
applying Annex I to Regulation (EU) No 514/2011
should also be used for classifying those goods in the
case of non-preferential imports as provided for in
Having regard to Council Regulation (EEC) No 2658/87 of
Annex I to Regulation (EEC) No 2658/87.
23 July 1987 on the tariff and statistical nomenclature and
on the Common Customs Tariff
( 2 ), and in particular
Article 9(1)(a) thereof,
(5) In
order
to
take
account
of
amendments
to
the
Combined Nomenclature, it is necessary to adapt
certain references to CN codes.
Whereas:
(6) Regulation
(EC)
No
900/2008
should
therefore
be
(1) Commission
Regulation
(EC)
No
900/2008
( 3 ) lays down
amended accordingly.
the methods of analysis and other technical provisions
necessary for the application of Regulation (EC) No
1216/2009 and Commission Implementing Regulation
(EU) No 514/2011 of 25 May 2011 laying down the
(7) The
measures
provided
for
in
this
Regulation
are
in
detailed rules for implementing the preferential trade
accordance with the opinion of the Customs Code
arrangements applicable to certain goods resulting from
Committee,
the processing of agricultural products, as provided for in
Article 7(2) of Council Regulation (EC) No
1216/2009 ( 4 ). Those methods and provisions apply to
HAS ADOPTED THIS REGULATION:
imports of certain processed agricultural products in
order to determine their reduced agricultural components
and to classify those products in the Combined Nomen
clature.
Article 1
Regulation (EC) No 900/2008 is amended as follows:
(2)
In the interest of clarity, it is necessary to update the
scope of Regulation (EC) No 900/2008 and to adapt it
to the measures laid down in that Regulation.
(1) Article 1 is replaced by the following:
(3) In
order
to
ensure
consistent
application
of
Regulation
‘Article 1
(EC) No 900/2008, it is necessary to provide that the
formulas, procedures and methods laid down therein for
Scope
the purpose of applying Annexes II and III to Regulation
This Regulation lays down the following:
(EU) No 514/2011 are also to be used for the deter
mination of milk fat content, milk protein content,
starch/glucose content and sucrose/invert sugar/isog
lucose content for the purpose of selecting the appro
(a) the methodology and methods of analysis to be used for
priate agricultural element, additional duties for sugar
determining the content of the agricultural products
within the meaning of Article 2(1)(a) of Council Regu
lation (EC) No 1216/2009
(*) or their specific
( 1 ) OJ L 328, 15.12.2009, p. 10.
components considered to have been incorporated in
( 2 ) OJ L 256, 7.9.1987, p. 1.
( 3 ) OJ L 248, 17.9.2008, p. 8.
imported goods within the meaning of Article 2(1)(b)
( 4 ) OJ L 138, 26.5.2011, p. 18.
of Regulation (EC) No 1216/2009;

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EN
25.6.2011 Official
Journal
of
the
European
Union L
166/7
(b) the necessary methods of analysis to be used for the
(3) Article 3 is amended as follows:
implementation of Regulation (EC) No 1216/2009 as
far as imports of certain goods are concerned, of
Annex I to Regulation (EEC) No 2658/1987 and of
(a) the following title is added: ‘Classification of Goods’;
Commission Implementing Regulation (EU) No
514/2011 (**) or in the absence of a method of
analysis, the nature of the analytical operations to be
(b) the introductory phrase is replaced by the following:
carried out or the principle of a method to be applied.
‘For the purpose of applying Annex I to Regulation (EU)
___________
No 514/2011 and Annex I to Regulation (EEC) No
(*) OJ L 328, 15.12.2009, p. 10.
2658/87, the following methods and procedures shall
(**) OJ L 138, 26.5.2011, p. 18.’;
be used for the classification of the following goods:’
(c) points 2 and 3 are replaced by the following:
(2) Article 2 is amended as follows:
‘2. For the purposes of classifying goods falling within
(a) the following title is added: ‘Calculation of contents’;
CN codes 1704 10 10 and 1704 10 90 and
1905 20 10 to 1905 20 90, the sucrose content,
(b) the introductory phrase is replaced by the following:
including invert sugar expressed as sucrose, shall be
determined using the HPLC method (invert sugar
expressed as sucrose is calculated as the sum of
‘In accordance with the definitions set out in footnotes
equal quantities of glucose and fructose multiplied
1, 2 and 3 of Annex III to Regulation (EU) No
by 0,95);
514/2011 and in footnotes 1, 2 and 3 of Part Three,
Section I, Annex 1, Table 1 of Annex I to Regulation
(EEC) No 2658/87 concerning milk protein content,
3. For the purposes of classifying goods falling within
starch/glucose content and sucrose/invert sugar/isog
CN codes 1806 10 15 to 1806 10 90, the sucrose/
lucose content, the following formulas, procedures and
invert sugar/isoglucose content shall be determined
methods shall be used:
in accordance with the formulas, method and
procedures set out in point 2 of Article 2 of this
(a) for the application of Annexes II and III to Regu
Regulation;’;
lation (EU) No 514/2011;
(4) in Article 4 the following title is added: ‘Test report’;
(b) for the determination of milk fat content, milk
protein content, starch/glucose content and sucrose/
invert sugar/isoglucose content for the purpose of
(5) in Article 5 the following title is added: ‘Final provision’.
selecting the appropriate agricultural element, addi
tional duties for sugar and additional duties for flour
Article 2
in the case of non-preferential imports as provided
for in Part Two and in Part Three, Section I, Annex
This Regulation shall enter into force on the 20th day following
1, of Annex I to Regulation (EEC) No 2658/87:’;
its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 24 June 2011.
For the Commission
The President
José Manuel BARROSO

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