26. 11. 7§ Official Journal of the European: Communities No L 306/3 REGULATION (EEC) No 3058/75 OF THE COUNCIL of 24 November 1975 amending Regulations (EEC) No 1059/69, (EEC) No 1060/69, (EEC) No 2682/72, (EEC) No 2727/75, (EEC) No 3330/74, (EEC) No 765/68 and (EEC) No 950/68 as regards the classification in the Common Customs Tariff of certain types of sorbitol THE COUNCIL OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, and in particular Articles 28, 43 and 235 thereof; Having regard to the proposal from the Commission ; Having regard to the Opinion of the European Parlia- ment (') ; Whereas sorbitol is among the goods to which the trade arrangements established by Council Regulation (EEC) No 1059/69 (?) of 28 May 1969 laying down the trade arrangements applicable to certain goods resulting from the processing of agricultural products, as last amended by Regulation (EEC) No 1589/75 (?), apply ; whereas rules for the implementation of these arrangements on importation are laid down in Council Regulation (EEC) No 1060/69 (*) of 28 May 1969 fixing the quantities of basic products consid- ered to have been used in the manufacture of the goods covered by Regulation (EEC) No 1059/69, as last amended by Regulation (EEC) No 2067/71 (°); Whereas sorbitol for export comes within the trade arrangements pursuant to Article 16 of Council Regu- lation (EEC) No 2727/75 (¢) of 29 October 1975 on the common organization of the market in cereals, and pursuant to Article 19 of Council Regulation (EEC) No 3330/74 (7)of 19 December 1974 on the common organization of the market in sugar, as last amended by Regulation (EEC) No 2623/75 (%) ; Whereas the rules for the implementation of these trade arrangements for the export of sorbitol are laid down in Council Regulation (EEC) No 2682/72 () of 12 December 1972 laying down general rules for granting export refunds on certain agricultural products exported in the form of goods not covered by Annex Il to the Treaty, and the criteria for fixing the amounts of such refunds; Whereas the system laid down in Council Regulation (EEC) No 765/68 (%) of 18 June 1968 laying down general rules for the production refund on sugar used (") Opinion delivered on 14 November 1975 (not vyet published in the Official Journal). () (*) O] No L 163, 26. 6. 1975, p. 9. () O] No L 141, 12. 6. 1969, p. 7. (5) O] No L 219, 29. 9. 1971, p. 2. (#) OJ No L 281, 1. 11. 1975, p. 1. (') OJ No L 359, 31. 12. 1974, p. 1. (%) OJ No L 268, 17. 10. 1975, p. 1. (%) O] No L 289, 27. 12. 1972, p. 13. (IO ) OJ No L 143, 18. 6. 1968, p. 1. in the chemical industry, as last amended by Regula- tion (EEC) No 1862/74 (1), applies to sorbitol ; Whereas the Common Customs Tariff annexed to Council Regulation (EEC) No 950/68 (12)as last amended by Regulation (EEC) No 2658/74 (3), shows sorbitol under subheading 29.04 C III; Whereas there are in commercial use varieties of sorbitol which contain more than 20 % by weight in proportion to their dry matter of other substances such as oligosaccharides; whereas, for technical reasons connected with the Common Customs Tariff, these varieties of sorbitol must be removed from heading No 29.04 of the Common Customs Tariff and re-classified under heading No 38.19; Whereas the transfer of a product from one heading to another in the Common Customs Tariff in order to ensure the correct application of the nomenclature cannot alter the economic arrangements laid down for that product; Whereas, in consequences a subheading within heading No 38.19 of the Common Customs Tariff should be created under which the abovementioned varieties of sorbitol can be classified; whereas the economic arrangements for this subheading should be the same as for the subdivisions of subheading 29.04 C I, HAS ADOPTED THIS REGULATION : Article 1 1. The following subheading shall be added to the Annex to Regulation (EEC) No 1059/69 and to Annex I to Regulation (EEC) No 765/68 : CCT heading Description of goods No 3819 T Sorbitol other than that falling within subheading 29.04 C 111 2. In Annex I to Regulation (EEC) No 765/68 ‘ex 38.19 T’ shall be replaced by ‘ex 38.19 U’ (') OJ No L 197, 19. 7. 1974, p. 4. (') OJ No L 172, 22. 7. 1968, p. 1. ("’) OJ No L 295, 1. 11. 1974, p. 1.