THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Regulation (EC) No 1216/2009 of 30 November 2009 laying down the trade arrangements applicable to certain goods resulting from the processing of agricultural products, and in particular Article 18 thereof,
Having regard to Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff, and in particular Article 9(1)(a) thereof,
Whereas:
(1)
Commission Regulation (EC) No 900/2008 lays down 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 detailed rules for implementing the preferential trade arrangements applicable to certain goods resulting from the processing of agricultural products, as provided for in Article 7(2) of Council Regulation (EC) No 1216/2009. Those methods and provisions apply to imports of certain processed agricultural products in order to determine their reduced agricultural components and to classify those products in the Combined Nomenclature.
(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.
(3)
In order to ensure consistent application of Regulation (EC) No 900/2008, it is necessary to provide that the formulas, procedures and methods laid down therein for the purpose of applying Annexes II and III to Regulation (EU) No 514/2011 are also to be used for the determination of milk fat content, milk protein content, starch/glucose content and sucrose/invert sugar/isoglucose content for the purpose of selecting the appropriate agricultural element, additional duties for sugar and additional duties for flour in the case of non-preferential imports as provided for in Part Two and in Part Three, Section I, Annex 1, of Annex I to Regulation (EEC) No 2658/87.
(4)
In order to ensure effective application of Regulation (EC) No 900/2008, it is necessary to provide that the methods and procedures laid down therein for classifying certain goods falling within certain CN codes for the purposes of 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 Annex I to Regulation (EEC) No 2658/87.
(5)
In order to take account of amendments to the Combined Nomenclature, it is necessary to adapt certain references to CN codes.
(6)
Regulation (EC) No 900/2008 should therefore be amended accordingly.
(7)
The measures provided for in this Regulation are in accordance with the opinion of the Customs Code Committee,
HAS ADOPTED THIS REGULATION: