Council Regulation (EC) No 1234/2007 (repealed)Show full title

ANNEX III DEFINITIONS REFERRED TO IN ARTICLE 2(1)

Part I: Definitions concerning the rice sector

I. The terms ‘paddy rice’, ‘husked rice’, ‘semi-milled rice’, ‘wholly milled rice’, ‘round grain rice’‘medium grain rice’, ‘long grain rice A or B’ and ‘broken rice’ shall be defined as follows:

1.

a)

‘Paddy rice’ means rice which has retained its husk after threshing.

(b)

‘Husked rice’ means paddy rice from which only the husk has been removed. Examples of rice falling within this definition are those with the commercial descriptions ‘brown rice’, ‘cargo rice’, ‘loonzain’ and ‘riso sbramato’.

(c)

‘Semi-milled rice’ means paddy rice from which the husk, part of the germ and the whole or part of the outer layers of the pericarp but not the inner layers have been removed.

(d)

‘Wholly milled rice’ means paddy rice from which the husk, the whole of the outer and inner layers of the pericarp, the whole of the germ in the case of long grain or medium grain rice and at least part thereof in the case of round grain rice have been removed, but in which longitudinal white striations may remain on not more than 10 % of the grains.

2.

(a)

‘Round grain rice’ means rice, the grains of which are of a length not exceeding 5,2 mm and of a length/width ratio of less than 2.

(b)

‘Medium grain rice’ means rice, the grains of which are of a length exceeding 5,2 mm but not exceeding 6,0 mm and of a length/width ratio no greater than 3.

(c)

‘Long grain rice’ means:

(i)

long grain rice A, rice, the grains of which are of a length exceeding 6,0 mm and of which the length/width ratio is greater than 2 but less than 3;

(ii)

long grain rice B, rice, the grains of which are of a length exceeding 6,0 mm and of which the length/width ratio is equal to or greater than 3.

(d)

‘Measurements of the grains’ means grain measurements are taken on wholly milled rice by the following method:

(i)

take a sample representative of the batch;

(ii)

sieve the sample so as to retain only whole grains, including immature grains;

(iii)

carry out two measurements of 100 grains each and work out the average;

(iv)

express the result in millimetres, rounded off to one decimal place.

3.

‘Broken rice’ means grain fragments the length of which does not exceed three quarters of the average length of the whole grain.

II. As regards grains and broken grains which are not of unimpaired quality, the following definitions shall apply:

A.

‘Whole grains’ means grains from which only part of the end has been removed, irrespective of characteristics produced at each stage of milling.

B.

‘Clipped grains’ means grains from which the entire end has been removed.

C.

‘Broken grains or fragments’ means grains from which a part of the volume greater than the end has been removed; broken grains include:

• large broken grains (pieces of grain of a length not less than half that of a grain, but not constituting a complete grain),

• medium broken grains (pieces of grain of a length not less than a quarter of the length of a grain but which are smaller than the minimum size of ‘large broken grains’),

• fine broken grains (pieces of grain less than a quarter of the size of a grain but too large to pass through a sieve with a mesh of 1,4 mm),

• fragments (small pieces or particles of grain which can pass through a sieve with a mesh of 1,4 mm); split grains (pieces produced by a longitudinal split in the grain) come under this definition.

D.

‘Green grains’ means grains which are not fully ripened.

E.

‘Grains showing natural malformation’ means grains showing a natural malformation whether or not of hereditary origin, as compared with the morphological characteristics typical of the variety.

F.

‘Chalky grains’ means grains at least three-quarters of the surface of which looks opaque and chalky.

G.

‘Grains striated with red’ means grains showing longitudinal red striations of differing intensity and shades, due to residues from the pericarp.

H.

‘Spotted grains’ means grains showing a well-defined small circle of dark colour of more or less regular shape; spotted grains also include those which show slight black striations on the surface only; the striations and spots must not show a yellow or dark aureole.

I.

‘Stained grains’ means grains which have undergone, on a small area of their surface, an obvious change in their natural colour; the stains may be of different colours (blackish, reddish, brown); deep black striations are also to be regarded as stains. If the colour of the stains is sufficiently marked (black, pink, reddish-brown) to be immediately visible and if they cover an area not less than half that of the grain, the grains must be considered to be yellow grains.

J.

‘Yellow grains’ means grains which have undergone, totally or partially, otherwise than by drying, a change in their natural colour and have taken on a lemon or orange-yellow tone.

K.

‘Amber grains’ means grains which have undergone, otherwise than by drying, a slight uniform change in colour over the whole surface; this change alters the colour of the grains to a light amber-yellow.

Part II: Definitions concerning the sugar sector

1. ‘white sugars’ means sugars, not flavoured or coloured or containing any other added substances, containing, in the dry state, 99,5 % or more by weight of sucrose, determined by the polarimetric method;

2. ‘raw sugars’ means sugars, not flavoured or coloured or containing any other added substances, containing, in the dry state, less than 99,5 % by weight of sucrose, determined by the polarimetric method;

3. ‘isoglucose’ means the product obtained from glucose or its polymers with a content by weight in the dry state of at least 10 % fructose;

4. ‘inulin syrup’ means the immediate product obtained by hydrolysis of inulin or oligofructoses, containing in the dry state at least 10 % fructose in free form or as sucrose, and expressed as sugar/isoglucose equivalents. In order to avoid restrictions on the market for products with low sweetening power produced by inulin fibre processors without inulin syrup quota, this definition may be amended by the Commission;

5. ‘quota sugar’, ‘quota isoglucose’ and ‘quota inulin syrup’ mean any quantity of sugar, isoglucose or inulin syrup production attributed to a specific marketing year under the quota of the undertaking concerned;

6. ‘industrial sugar’ means any quantity of sugar production attributed to a specific marketing year over and above the sugar quantity referred to in point (5), intended for the production by the industry of one of the products referred to in Article 62(2);

7. ‘industrial isoglucose’ and ‘industrial inulin syrup’ mean any quantity of isoglucose or inulin syrup production attributed to a specific marketing year, intended for the production by the industry of one of the products referred to in Article 62(2);

8. ‘surplus sugar’, ‘surplus isoglucose’ and ‘surplus inulin syrup’ mean any quantity of sugar, isoglucose or inulin syrup production attributed to a specific marketing year over and above the respective quantities referred to in points (5), (6) and (7);

9. ‘quota beet’ means all sugar beet processed into quota sugar;

10. ‘delivery contract’ means a contract concluded between a seller and an undertaking for the delivery of beet for the manufacture of sugar;

11. ‘agreement within the trade’ means one of the following:

(a)

an agreement concluded at Community level, prior to the conclusion of any delivery contract, between a group of national undertakings' organisations on the one hand and a group of national sellers' organisations on the other;

(b)

an agreement concluded, prior to the conclusion of any delivery contract, between undertakings or an undertakings' organisation recognised by the Member State concerned on the one hand and a sellers' association recognised by the Member State concerned on the other;

(c)

in the absence of any agreement as referred to in point (a) or (b), the law on companies and the law on cooperatives, in so far as they govern the delivery of sugar beet by the shareholders or members of a company or cooperative manufacturing sugar;

(d)

in the absence of any agreement as referred to in point (a) or (b), the arrangements existing before the conclusion of any delivery contract, provided the sellers accepting the arrangement supply at least 60 % of the total beet bought by the undertaking for the manufacture of sugar in one or more factories.

12. ‘ACP/Indian sugar’ means sugar falling within CN code 1701 originating in the States listed in Annex XIX and imported into the Community under:

• Protocol 3 to Annex V to the ACP-EC Partnership Agreement, or

• the Agreement on cane sugar between the European Community and the Republic of India(1);

13. ‘full-time refiner’ means a production unit:

• of which the sole activity consists of refining imported raw cane sugar, or

• which refined in the marketing year 2004/2005 a quantity of at least 15 000 tonnes of imported raw cane sugar.

Part III: Definitions concerning the hops sector

1. ‘hops’ means the dried inflorescences, also known as cones, of the (female) climbing hop plant (Humulus lupulus); these inflorescences, which are greenish yellow and of an ovoid shape, have a flower stalk and their longest dimension generally varies from 2 to 5 cm;

2. ‘hop powder’ means the product obtained by milling the hops, containing all the natural elements thereof;

3. ‘hop powder with higher lupulin content’ means the product obtained by milling the hops after mechanical removal of a part of the leaves, stalks, bracts and rachides;

4. ‘extract of hops’ means the concentrated products obtained by the action of a solvent on the hops or on the hop powder;

5. ‘mixed hop products’ means a mixture of two or more of the products referred to in points (1) to (4).

Part IV: Definitions concerning the beef and veal sector

1. ‘bovine animals’ means live animals of the domestic bovine species falling within CN codes ex 0102 10, 0102 90 05 to 0102 90 79;

2. ‘adult bovine animals’ means bovine animals the live weight of which is more than 300 kilograms.

Part V: Definitions concerning the milk and milk products sector

1. For the purpose of the implementation of the tariff quota for butter of New Zealand origin, the phrase ‘manufactured directly from milk or cream’ does not exclude butter manufactured from milk or cream, without the use of stored materials, in a single, self-contained and uninterrupted process which may involve the cream passing through a stage of concentrated milkfat and/or the fractionation of such milkfat.

2. For the purposes of the application of Article 119 concerning the use of casein and caseinates in the manufacture of cheese:

(a)

‘cheese’ means products covered by CN code 0406 and manufactured within the Community territory;

(b)

‘casein and caseinates’ means products covered by CN codes 3501 10 90 and 3501 90 90 and used as such or in the form of a mixture.

Part VI: Definitions concerning the eggs sector

1. ‘eggs in shell’ means poultry eggs in shell, fresh, preserved, or cooked, other than eggs for hatching specified in 2.;

2. ‘eggs for hatching’ means poultry eggs for hatching;

3. ‘whole products’ means birds' eggs not in shell, whether or not containing added sugar or other sweetening matter suitable for human consumption;

4. ‘separated products’ means birds' egg yolks, whether or not containing added sugar or other sweetening matter suitable for human consumption.

Part VII: Definitions concerning the poultrymeat sector

1. ‘live poultry’ means live fowls, ducks, geese, turkeys and guinea fowls each weighing more than 185 grams;

2. ‘chicks’ means live fowls, ducks, geese, turkeys and guinea fowls, each weighing not more than 185 grams;

3. ‘slaughtered poultry’ means dead fowls, ducks, geese, turkeys and guinea fowls, whole, with or without offal;

4. ‘derived products’ means the following:

(a)

products specified in point (a) of Part XX of Annex I;

(b)

products specified in point (b) of Part XX of Annex I, excluding slaughtered poultry and edible offal, known as ‘poultry cuts’;

(c)

edible offals specified in point (b) of Part XX of Annex I;

(d)

products specified in point (c) of Part XX of Annex I;

(e)

products specified in points (d) and (e) of Part XX of Annex I;

(f)

products referred to in point (f) of Part XX of Annex I, other than those products falling within CN codes 1602 20 11 and 1602 20 19.

Part VIII: Definitions concerning the apiculture sector

1. ‘Honey’ means the natural sweet substance produced by Apis mellifera bees from the nectar of plants or from secretions of living parts of plants or excretions of plant-sucking insects on the living parts of plants, which the bees collect, transform by combining with specific substances of their own, deposit, dehydrate, store and leave in honeycombs to ripen and mature.

The main types of honey are as follows:

(a)

according to origin:

(i)

blossom honey or nectar honey: honey obtained from the nectar of plants;

(ii)

honeydew honey: honey obtained mainly from excretions of plant sucking insects (Hemiptera) on the living part of plants or secretions of living parts of plants;

(b)

according to mode of production and/or presentation:

(iii)

comb honey: honey stored by bees in the cells of freshly built broodless combs or thin comb foundation sheets made solely of beeswax and sold in sealed whole combs or sections of such combs;

(iv)

chunk honey or cut comb in honey: honey which contains one or more pieces of comb honey;

(v)

drained honey: honey obtained by draining decapped broodless combs;

(vi)

extracted honey: honey obtained by centrifuging decapped broodless combs;

(vii)

pressed honey: honey obtained by pressing broodless combs with or without the application of moderate heat not exceeding 45 ^oC;

(viii)

filtered honey: honey obtained by removing foreign inorganic or organic matter in such a way as to result in the significant removal of pollen.

‘Baker’s honey' means honey which is:

(a)

suitable for industrial uses or as an ingredient in other foodstuffs which are then processed and

(b)

may:

• have a foreign taste or odour, or

• have begun to ferment or have fermented, or

• have been overheated.

2. ‘Apiculture products’ means honey, beeswax, royal jelly, propolis or pollen.

(1)

OJ L 190, 23.7.1975, p. 36.