Commission Regulation (EC) No 1160/98 of 2 June 1998 concerning the classification of certain goods in the Combined Nomenclature
Date: 1998-06-02
Institutions: European Commission
Subjects: Combined Nomenclature, ethanol, milk by-product, skimmed milk powder

L 160/20

EN

Official Journal of the European Communities

4. 6. 98

COMMISSION REGULATION (EC) No 1160/98

of 2 June 1998

concerning the classification of certain goods in the Combined Nomenclature

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

Having regard to Council Regulation (EEC) No 2658/87
of 23 July 1987 on the tariff and statistical nomenclature
and on the Common Customs Tariff (1), as last amended
by Commission Regulation (EC) No 1048/98 (2), and in
particular Article 9 thereof,

Whereas in order to ensure uniform application of the
Combined Nomenclature annexed to the said Regulation,
it is necessary to adopt measures concerning the classifi-
cation of the goods referred to in the Annex to this
Regulation;

Whereas Regulation (EEC) No 2658/87 has set down the
general rules for the interpretation of
the Combined
Nomenclature and those rules also apply to any other
nomenclature which is wholly or partly based on it or
which adds any additional subdivision to it and which is
established by specific Community provisions, with a
view to the application of
tariff and other measures
relating to trade in goods;

Whereas, pursuant to the said general rules, the goods
described in column 1 of the table annexed to the present
Regulation must be classified within the appropriate CN
codes indicated in column 2, by virtue of the reasons set
out in column 3;

Whereas the Tariff and Statistical Nomenclature Section
of the Customs Code Committee has not delivered an
opinion within the time limit set by its chairman,

HAS ADOPTED THIS REGULATION:

Article 1

The goods described in column 1 of the annexed table are
now classified within the Combined Nomenclature under
the appropriate CN codes indicated in column 2 of the
said table.

Article 2

This Regulation shall enter into force on the third day
following 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, 2 June 1998.

For the Commission

Mario MONTI

Member of the Commission

(1) OJ L 256, 7. 9. 1987, p. 1.
(2) OJ L 151, 21. 5. 1998, p. 1.

4. 6. 98

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Official Journal of the European Communities

L 160/21

ANNEX

Description of goods

Classification
(CN code)

(1)

(2)

Reason

(3)

1. Milk powder

(0,6 % milk fat) con-
taining between 2 and 27 million live
lactic bacillus (Streptococcus lactus) per
gram

0403 90 11

Classification is determined by General
Rules 1 and 6 for the interpretation of the
Combined Nomenclature and by the
wording of CN codes 0403, 0403 90 and
0403 90 11

This product, owing to its low concentra-
tion in micro-organism may not be con-
a micro-organism culture
sidered as

0403 90 13

Classification is determined by General
Rules 1 and 6 for the interpretation of the
Combined Nomenclature and by the
wording of CN codes 0403, 0403 90 and
0403 90 13

This product, owing to its low concentra-
tion in micro-organism may not be con-
sidered as a micro-organism culture

2. Mixture of

lactose, caseins, albumins
and globulins of milk and milkfat with
sporulated micro-organisms (Lactoba-
cillus pentosus and Streptococcus lactus,
50 to 100 million per gram), in powder,
with the following characteristics (%
by weight):

(cid:190) lactose: 39
(cid:190) caseins: 22
(cid:190) albumin/globulin of milk: 4
(cid:190) ash: 6
(cid:190) milkfat: 24
(cid:190) water: 5

0403 90 13

3. Product consisting of milk powder
with added lactic ferments (Strepto-
coccus
lactus and Lactobacillus, ap-
proximately 150 million per gram) and
dead lactic yeast (Kluveromyces lactis
and Fragilis) with the
following
characteristics (% by weight):

(cid:190) protein: 28
(cid:190) dry matter: 95 - 96
(cid:190) milkfat: 25
(cid:190) lactose: 39

Classification is determined by General
Rules 1 and 6 for the interpretation of the
Combined Nomenclature and by the
wording of CN codes 0403, 0403 90 and
0403 90 13

This product, owing to its low concentra-
tion in micro-organism may not be con-
sidered as a micro-organism culture

4. Mixture of milk constituents with
added sodium chloride and sodium
citrate (2 %) and vitamins (0,2 %), with
the following characteristics
(% by
weight):

0404 90 21

(cid:190) dry matter: 95
(cid:190) lactose: 56,5
(cid:190) protein: 28,8
(cid:190) milkfat: 1,1
(cid:190) ash: 8

Classification is determined by General
Rules 1 and 6 for the interpretation of the
Combined Nomenclature and by the
wording of CN codes 0404, 0404 90 and
0404 90 21

This product cannot be regarded as a
prepared culture media for developing
micro-organisms

L 160/22

EN

Official Journal of the European Communities

4. 6. 98

Description of goods

Classification
(CN code)

(1)

(2)

Reason

(3)

5. Mixture of milk constituents with
added sodium chloride and sodium
citrate (4,5 %) and vitamins (0,2 %),
with the following characteristics (%
by weight):

0404 90 21

(cid:190) dry matter: 96,2
(cid:190) lactose: 59,7
(cid:190) protein: 23,3
(cid:190) milkfat: 0,9
(cid:190) ash: 11,5

6. Undenatured ethyl alcohol of an alco-
holic strength by volume of 80 % or
higher and containing up to 20 % ac-
tivated charcoal

2207 10 00

Classification is determined by General
Rules 1 and 6 for the interpretation of the
Combined Nomenclature and by the
wording of CN codes 0404, 0404 90 and
0404 90 21

This product cannot be regarded as a
prepared culture media for developing
micro-organisms

Classification is determined by General
Rules 1, 3b and 6 for the interpretation of
the Combined Nomenclature and by the
wording
and
2207 10 00

of CN codes

2207