16. 7. 94 Official Journal of the European Communities No L 182/9 COMMISSION REGULATION (EC) No 1737/94 of 15 July 1994 amending Council Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and the Common Customs Tariff and Regulation (EEC) No 3846/87 establishing an agricultural product nomenclature for export refunds THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Regulation (EEC) No 1766/92 of 30 June 1992 on the common organization of the market in cereals (), as amended by Commission Regula- tion (EEC) No 2193/93 (%), and in particular Article 11 and Article 13 (6) thereof, Whereas it has recently been detected that certain cereal products falling within CN code 1104 in Annex I to Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and the Common Customs Tariff (°), as last amended by Commis- sion Regulation (EC) No 1641/94 (%), for example clipped oats and lightly heat-treated cereals, cannot be properly classified by the competent authorities; whereas to remedy that situation the subdivisions of CN code 1104 should be amended accordingly ; Whereas in Commission Regulation (EEC) No 3846/87 of 17 December 1987, establishing an agricultural product nomenclature for export refunds (), as last amended by HAS ADOPTED THIS REGULATION : Regulation (EC) No 1622/94 (%), the classification of maize (corn) flour falling within product codes 1102 20 10 100, 110220 10 300 and 1102 20 90 100 is made on the basis of fat content, referred to dry matter; whereas for the corresponding CN codes for these products namely ex 110220 10 and ex 1102 20 90 the classification of maize (corn) flour is made on the basis of fat content by weight ; whereas for the sake of consistency these product codes in Regulation (EEC) No 3846/87 should be amended to be in agreement with the Combined Nomenclature ; Whereas footnote 3, requiring a minimum content of starch in a cereal-based compound feeding stuff to be eligible for a refund, foreseen for CN code ex 2309 10 was accidentally omitted for CN code ex 2309 90 ; whereas this footnote should be included ; whereas in footnote 2, the reference to starch coming from cereal products is potentially confusing to the competent authorities and should therefore be deleted; Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Cereals, . Article 1 ) The part of Annex I to Regulation (EEC) No 2658/87 relating to CN code 1104 shall be replaced by the Annex to this Regulation. Article 2 In sector 3 of the Annex to Commission Regulation (EEC) No 3846/87, CN codes ex 110220 10 and ex 1102 20 90 shall be replaced by the following : CN code Description of goods Product code ‘ex 110220 10 () OJ No L 181, 1. 7. 1992, p. 21. () O] No L 196, S. 8. 1993, p. 22. () OJ No L 256, 7. 9. 1987, p. 1. () OJ No L 172, 7. 7. 1994, p. 12. () OJ No L 366, 24. 12. 1987, p. 1. — — Of a fat content not exceeding 1,5 % by weight : — — — Of a fat content, not exceeding 1,3 % by weight and of a crude fibre content, referred to dry matter, not exceeding 0,8 % by weight (%) 1102 20 10 200 () OJ No L 170, 5. 7. 1994, p. 24.