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Technical analysis of anomalies in respect of the test set out in point (b) of Article 2(3) of Regulation (EC) No 900/2008 for the determination of milk fat content in processed agricultural products for the purpose of establishing import duties, when fats other than milk fat are present Final Report - Administrative Arrangement S12.670777-1 between DG Enterprise and Industry (DG ENTR) and Joint Research Centre (JRC)

Abstract

The agricultural element (EA) of certain processed agricultural products (PAPs) is an element of the tariff classification and the determination of import duties of imported products. Commission Regulation (EC) No 900/2008 lays down provisions and analysis methods for certain parameters necessary for the determination of the agricultural element. The milk fat content is one of the parameters related to the agricultural element. A problem became apparent when the analysis of an instantised whey protein concentrate (WPC) imported from the USA into the EU revealed that the milk fat contained in the product was much below the expected one. This caused the classification of the product under a different additional code in the “Meursing” table, leading to a disadvantage of the importer. The Administrative Arrangement (AA) S12.670777-1 between DG Enterprise (DG ENTR) and DG Joint Research Centre (DG JRC) was set up to elucidate the reasons for this anomaly, to characterise the magnitude of the underestimation across relevant dairy products, and to propose a solution for the determination of the appropriate additional tariff code of concerned PAPs.JRC.D.5-Standards for Food Bioscienc

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