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( 1 ) OJ NO L 14 , 21 . 1 . 1969 , P . 1 .

( 2 ) OJ NO L 40 , 11 . 2 . 1977 , P . 1 .

( 3 ) OJ NO L 172 , 22 . 7 . 1968 , P . 1 .

( 4 ) OJ NO L 130 , 18 . 5 . 1978 , P . 7 .

COMMISSION REGULATION ( EEC ) NO 1688/78

OF 18 JULY 1978

ON THE CLASSIFICATION OF GOODS FALLING WITHIN SUBHEADING 21.07 G I A ) 2 CC ) OF THE COMMON CUSTOMS TARIFF

THE COMMISSION OF THE EUROPEAN

COMMUNITIES ,

HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ,

HAVING REGARD TO COUNCIL REGULATION ( EEC ) NO 97/69 OF 16 JANUARY 1969 ON MEASURES TO BE TAKEN FOR UNIFORM APPLICATION OF THE NOMENCLATURE OF THE COMMON CUSTOMS TARIFF ( 1 ), AS LAST AMENDED BY REGULATION ( EEC ) NO 280/77 ( 2 ), AND IN PARTICULAR ARTICLE 3 THEREOF ,

WHEREAS , IN ORDER TO ENSURE UNIFORM APPLICATION OF THE NOMENCLATURE OF THE COMMON CUSTOMS TARIFF , PROVISIONS MUST BE LAID DOWN CONCERNING THE TARIFF CLASSIFICATION OF A PRODUCT CALLED ' EMPING MELINDJO ' WHICH IS OBTAINED FROM THE KERNELS OF THE FRUIT OF THE PLANT GNETUM GNEMON L . THAT ARE BOILED OR GRILLED ( COOKED ) TO REMOVE THE RIND AND THEN CRUSHED FLAT AND DRIED IN THE SUN , AND WHICH HAS A STARCH CONTENT OF ABOUT 50 % BY WEIGHT ;

WHEREAS HEADING NO 21.07 OF THE COMMON CUSTOMS TARIFF ANNEXED TO COUNCIL REGULATION ( EEC ) NO 950/68 OF 28 JUNE 1968 ( 3 ), AS LAST AMENDED BY REGULATION ( EEC ) NO 1000/78 ( 4 ), REFERS TO ' FOOD PREPARATIONS NOT ELSEWHERE SPECIFIED OR INCLUDED ' ;

WHEREAS THE UNCOOKED FRUIT KERNELS OF GNETUM GNEMON L . MUST BE REGARDED AS A PRODUCT FALLING WITHIN HEADING NO 12.08 OF THE COMMON CUSTOMS TARIFF ;

WHEREAS THE STRUCTURE OF THE STARCH CONTAINED IN THE PRODUCT IS MODIFIED BY THE COOKING SO THAT THE STARCH BECOMES SOLUBLE ; WHEREAS THE PRODUCT MUST THEREFORE BE CLASSIFIED IN HEADING NO 21.07 AS A FOOD PREPARATION NOT ELSEWHERE SPECIFIED OR INCLUDED ;

WHEREAS , WITHIN HEADING NO 21.07 , SUBHEADING 21.07 G I A ) 2 CC ) MUST BE CHOSEN FOR THE PRODUCT IN QUESTION ;

WHEREAS THE MEASURES PROVIDED FOR IN THIS REGULATION ARE IN ACCORDANCE WITH THE OPINION OF THE COMMITTEE ON COMMON CUSTOMS TARIFF NOMENCLATURE ,

HAS ADOPTED THIS REGULATION :

ARTICLE 1

THE PRODUCT CALLED ' EMPING MELINDJO ' , WHICH IS OBTAINED FROM THE KERNELS OF THE FRUIT OF THE PLANT GNETUM GNEMON L . THAT ARE BOILED OR GRILLED ( COOKED ) TO REMOVE THE RIND AND THEN CRUSHED FLAT AND DRIED IN THE SUN , AND WHICH HAS A STARCH CONTENT OF ABOUT 50 % BY WEIGHT , SHALL BE CLASSIFIED IN THE FOLLOWING SUBHEADING OF THE COMMON CUSTOMS TARIFF :

' 21.07 FOOD PREPARATIONS NOT ELSEWHERE SPECIFIED OR INCLUDED :

G . OTHER :

I . CONTAINING NO MILKFATS OR CONTAINING LESS THAN 1.5 % BY WEIGHT OF SUCH FATS :

A ) CONTAINING NO SUCROSE OR CONTAINING LESS THAN 5 % BY WEIGHT OF SUCROSE ( INCLUDING INVERT SUGAR EXPRESSED AS SUCROSE ):

2 . CONTAINING BY WEIGHT OF STARCH :

CC ) 45 % OR MORE . '

ARTICLE 2

THIS REGULATION SHALL ENTER INTO FORCE ON THE 21ST DAY FOLLOWING THAT OF ITS PUBLICATION IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES .

THIS REGULATION SHALL BE BINDING IN ITS ENTIRETY AND DIRECTLY APPLICABLE IN ALL MEMBER STATES .

DONE AT BRUSSELS , 18 JULY 1978 .

FOR THE COMMISSION

ETIENNE DAVIGNON

MEMBER OF THE COMMISSION