Article 1
Open ↗Regulation (EC) No 900/2008 is amended as follows: (1) in Article 2(3): (a) point (a) is replaced by the following: ‘(a) Save as otherwise provided in point (b) or (c), the milk fat content by weight of the goods as presented shall be determined by extraction with light petroleum after hydrolysis with hydrochloric acid;’ ; (b) the following point (c) is added: ‘(c) Where fats other than milk fats are also declared in the composition of goods which are charged by an agricultural component as provided for in Part Two and in Annex 1 to Section I of Part Three of the Combined nomenclature set out in Annex I to Regulation (EEC) No 2658/87, and contain 30 % milk protein or more as determined in accordance with point 4 of this Article, and less than 6 % milk fat as declared by the declarant, the following procedure shall be applied instead of the procedure set out in point (b): — the percentage of weight of the total fats in the goods shall be determined as set out in point (a), — for the purposes of determining the milk fat content, a method based on extraction with light petroleum, preceded by hydrolysis with hydrochloric acid and followed by gas chromatography of the methyl esters of the fatty acids shall be used. If the presence of milk fats is detected, the percentage proportion thereof shall be calculated by multiplying the percentage concentration of methyl butyrate by 50, multiplying the product by the total percentage fat content by weight of the goods and dividing by 100.’ ; (2) the following Article 4a is inserted: ‘Article 4a 1. By 17 December 2017 the Member States shall communicate to the Commission information on results of analysis carried out in accordance with the procedures provided for in Article 2(3) and (4), related to goods with a milk protein content of 30 % or more as determined in accordance with Article 2(4) and declared for customs between 17 June 2015 and 17 June 2017. 2. The information referred to in paragraph 1 shall be communicated in an electronic form and consist of: (a) the date of acceptance of the customs declaration; (b) the quantity of the goods concerned; (c) tariff classification of the goods concerned; (d) the additional code declared and, for goods to which the method of analysis set out in point (c) of Article 2(3) has been applied, the additional code applicable on the basis of the results of that method; (e) the milk protein content as determined by the method of analysis referred to in Article 2(4); (f) indication of the method of analysis applied for the determination of milk fat content in accordance with Article 2(3); (g) the total fat content as determined by the method of analysis referred to in point (a) of Article 2(3); (h) the milk fat content as determined by one of the methods of analysis referred to in Article 2(3); (i) where relevant, the type of fat other than milk fat contained in the processed agricultural product. 3. On the basis of the information received from the Member States in accordance with paragraphs 1 and 2, the Commission shall present to the Member States a report on the functioning of the procedure provided for in point (c) of Article 2(3). The Commission shall present that report by 17 June 2018.’ .