Tariff classifications

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8th amending supplement (1.1.1985)
Customs regulations

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Publié par	EUROPEAN-COMMISSION
Nombre de lectures	13
Langue	English
Poids de l'ouvrage	2 Mo

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COMMISSION OF THE EUROPEAN COMMUNITIES
TARIFF CLASSIFICATIONS
(English version)
8th AMENDING SUPPLEMENT
(1.1.1985)
Price (excluding VAT) in Luxembourg
ECU 4.05 BFR 180 IRL 2.90 UKL 2.60 USD 3
^ OFFICE FOR OFFICIAL PUBLICATIONS
Άβ OF THE EUROPEAN COMMUNITIES
L-2985 Luxembourg Catalogue number : CB-43-85-256-EN-C COMMISSION OF THE EUROPEAN COMMUNITIES
TARIFF CLASSIFICATIONS
8th Amending Supplement
(1 January 1985)
Insert or replace pages in accordance with the list on the following sheet, using, where appropriate, the
corresponding amending pages issued herewith.
A vertical line in the margin indicates where the text has been amended.
Only the pages amended by this Amending Supplement bear a reference to it. A sheet may accordingly bear
references to different Amending Supplements on its front and reverse. Insert or remplace pages:
Ammending Supplements
87.02 / 1-4 05.15/ 1 39.07 / 1-15
90.07 / 1-2 51.01 / 1 07.01 / 1-3
97.03 / 7 59.03 / 1 07.02 / 1
62.02 / 1-2 08.12/ 1
General chronological table: 64.02 / 1-3 23.07 / 3-8
70.14/ 1-3 XV-XXV 24.01 / 1-6
70.19/ 1 27.03 / 1
Council Regulation (EEC) No 2055/84 84.52 / 1-2 29.01 / 1
amending Regulation (EEC) No 97/69 31.03/ 1 84.53 / 1-2
(l/VIII) 37.02 / 1 85.06 / 1
38.19/ 1-7 85.21 / 1-2
8th AS. 1.1.1985 AMENDING SUPPLEMENTS
No Date No Date
1 1 1978
2 1 1979
3 1 1980
4 1 1981
5 1 1982
6 1 1983
7 1 1984
8 1 1985
8th AS. 1.1.1985 05.15/ 1
JUDGMENT OF THE COURT
- Case 77-83
QUESTION PUT TO THE COURT (a)
7s wool included, under the heading 'Animal products not elsewhere specified or included' for which the
Common Customs Tariff heading No is 05. 15. among the products covered by the common organization of
the markets provided for by Regulation (EEC) No 827/68 of the Council of 28 June 1968 and listed in the
Annex thereto?'
JUDGMENT of 29 February 1984 (b)
The phrase 'ex 05.15 B: Animal products not elsewhere specified or included;...' appearing in the Annex to
Regulation (EEC) No 827/68 of the Council of 28 June 1968 on the common organization of the market in
certain products listed in Annex II to the Treaty (Official Journal, English Special Edition 1968 (I), p. 209)
does not cover wool.
CLASSIFICATION SLIP
of 20 September 1974, Reference No 009
DESCRIPTION OF GOODS
Products normally used in the production of dog and cat foods, obtained by grinding and deep-freezing
either
— poultry carcases deprived of breast and leg meat or
— plucked poultry heads.
The products are in the form of deep-frozen blocks weighing some 20 kg, composed of fragments of
poultry bones, flesh and skin. The products are sometimes accompanied by a public health service's
certificate attesting that they are fit for human consumption.
TARIFF CLASSIFICATION
Subheading 05.15 B.
REASONS
These are products which, because of their nature and composition (high ground bone content, etc.) are
not normally used as human food, despite a possible attestion in a public health service's certificate
concerning their fitness for human consumption. The goods cannot therefore be classified in heading No
02.02
As the products have not undergone any drying process they are not 'flour and meals of meat' within the
meaning of heading No 23.01 and, because of their nature, they cannot be regarded as preparations within
the scope of No 21.07 or 23.07.
They can therefore only be classified in subheading 05. 15 B.
(a) OJ C 144. 2.6.1983, p. 6.
(b) OJ C 88. 30.3.1984. p. 6.
8th AS. - 1.1.1985 07.01 / 1
REGULATIONS
No 1536/77 OF THE COMMISSION of 4 July 1977 (a) as amended by Regulations (EEC) No 3038/79
of 21 December 1979 (b) and No 1259/82 of 19 May 1982 (c)
determiniog the conditions of entry of seeds under subheadings 07.01 A 1,10.01 A, 10.05 A, 10.06 A
and 12.01 A of the Common Customs Tariff
Whereas the Common Customs Tariff annexed to Council Regulation (EEC) No 950/68 of 28 June
1968 (1). as last amended by Regulation (EEC) No 1111/77 (2). covers:
— seed potatoes falling within subheading 07.01 A I,
— hybrid maize for sowing falling within subheading 10.05 A, and
— oil seeds and oleaginous fruit, whole or broken, for sowing falling within subheading 12.01 A;
Whereas entry under these subheadings is subject to conditions to be determined by the competent
authorities; whereas, in order to ensure uniform application of the nomenclature of the Common Customs
Tariff, provisions specifying those conditions must be laid down;
Whereas the Council has adopted Directive 66/403/EEC of 14 June 1966 on the marketing of seed
potatoes (3), as last amended by 76/307/EEC (4), Directive 66/402/EEC of 14 June 1966 on the
marketing of cereal seed (5), as last amended by Directive 75/444/EEC (6) and Directive 69/208/EEC of 30
June 1969 on the marketing of seed of oil and fibre plants (7), as last amended by Directive 75/444/EEC;
Whereas Articles 15, 16 and 15 respectively of these Directives provide that the Council shall determine
whether seeds harvested in a third country and affording the same assurances as regards their characteris
tics and the arrangements for their examination, for ensuring identity, for marking and for control are
equivalent in these respects to seeds harvested within the Community and complying with the provisions of
the Directive concerned.
Whereas the Council has made such determinations with regard to certain non-member countries, in the
case of seed potatoes, by its Second Decision 75/370/EEC of 24 June 1975 on the equivalence of seed
potatoes produced in third countries (8), as amended by Decision 76/540/EEC (9), and, in the case of
hybrid maize and oil seeds and oleaginous fruit for sowing, by its Fifth Decision 76/539/EEC of 17 May
1976 on the equivalence of seed produced in third countries (10) and by its Fifth Decision 76/538/EEC of
17 may 1976 on the equivalence of field inspections carried out in third countries on seed-producing crops
(ID;
Whereas it follows from the very terms in which the three abovementioned subheadings are drawn that
products may be entered under one of these subheadings only if they have specific characteristics which
make them suitable for sowing;
Whereas certain specific characteristics were prescribed by the Council when it determined that there was
equivalence between the plants and seeds in question produced in certain non-member countries and
plants and seeds of the same kind harvested within the Community; whereas the said characteristics
should therefore constitute the conditions of entry under the subheadings concerned;
(1) 0J L 172, 22.7.1968. p. 1.
(2) 0J L 134. 28.5.1977. p. 4.
(3) 0J 125. 11.7.1966. p. 2320/66
(4) OJ L72. 18.3.1976. p. 16.
(5) 0J 125. 11.7.1966. p. 2309/96.
(6) OJ L 196, 26.7.1975. p. 6.
(7) OJ L 169. 10.7.1969. p. 3.
(8) OJ L 164,27.6.1975. p. 43.
(9) OJ L 162.23.6.1976. p. 27.
(10) OJ L 162. 23.6.1976. ρ 10
(11) OJ L 162.. p. 1
(a) OJ L 171. 9.7.1977. p. 13.
(b) 0J L 341. 31.12.1979. p. 44.
(c) 0J L 147. 26.5.1982. p. 10.
8th AS. - 1.1.1985 07.01 / 2
Whereas, as regards hybrid maize, oil seeds and oleaginous fruit of a kind to which the provisions of the
abovementioned Directives 66/402/EEC and 69/208/EEC do not apply, it is appropriate, pending harmoni
zation at Community level of provisions for these goods and given that there is little trade in them, to make
their entry under subheadings 10.05 A and 12.01 A respectively subject to conditions to be established by
the competent authorities of the Member States;
HAS ADOPTED THIS REGULATION:
Article 1
The entry of seed potatoes, spelt, hybrid maize, rice for sowing and oil seeds and oleaginous fruit
respectively under the following subheadings of the Common Customs Tariff shall be subject to the
conditions laid down in Articles 2 to 5:
— 07.01 A I Seed potatoes,
— 10.01 A Spelt for sowing,
— 10.05 A Hybrid maize for sowing,
— 10.06 A Rice for sowing,
— 12.01 A Oil seeds and oleaginous fruit, whole or broken, for sowing.
Article 2
Seed potatoes shall satisfy the conditions laid down on accordance with Article 15 of Council Directive
66/403/EEC of 14 June 1966 on the marketing of seed potatoes, as last amended bye
76/307/EEC.
Article 3
Hybrid maize, spelt and rice for sowing shall satisfy the conditions laid down in accordance with Article 16
of Council Directive 66/402/EEC of 14 June 1966 on the marketing of cereal seed, as last amended by
Directive 81/561/EEC of 13 July 1981.
Article 4
Oil seeds and oleaginous fruit for sowing shall satisfy the conditions laid down in accordance with Article 15
of Council Directive 69/208/EEC of 30 June 1969 on the marketing of seed of oil and fibre plants, as last
amended bye 75/444/EEC.
Article 5
Hybrid maize, oil seeds and oleaginous fruit of a kind to which the provisions of the abovementioned
Directives 66/402/EEC and 69/208/EEC do not apply shall only be entered under subheadings 10.05 A or
12.01 A if the party concerned proves to the satisfaction of the competent authorities of the Member
States that these products are in practice intended for sowing.
Article 6
E