Commission Regulation (EC) No 645/2001 of 30 March 2001 concerning the classification of certain goods in the Combined Nomenclature
Date: 2001-03-30
Institutions: European Commission
Subjects: Combined Nomenclature, bioprocess, cereal flour, wheat

L 91/40

EN

Official Journal of the European Communities

31.3.2001

COMMISSION REGULATION (EC) No 645/2001

of 30 March 2001

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 Regulation
(EC) No 2559/2000 (2), and in particular Article 9 thereof,

Whereas:

this Regulation, can continue to be invoked, under the
provisions in Article 12(6) of Council Regulation (EEC)
No 2913/92 of 12 October 1992 establishing the
Community Customs Code (3), as last amended by Euro-
pean Parliament and Council Regulation (EC) No 2700/
2000 (4), for a period of three months by the holder.

(5)

The measures provided for in this Regulation are in
the Customs Code
accordance with the opinion of
Committee,

(1)

(2)

(3)

(4)

In order to ensure uniform application of the Combined
Nomenclature annexed to the said Regulation,
is
necessary to adopt measures concerning the classi-
fication of the goods referred to in the Annex to this
Regulation.

it

Regulation (EEC) No 2658/87 has set down the general
rules for the interpretation of the Combined Nomencla-
ture. 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.

Pursuant to the said general rules, the goods described in
column 1 of the table annexed to the present Regulation
must be classified under the CN codes indicated in
column 2, by virtue of the reasons set out in column 3.

It is appropriate that binding tariff information issued by
the customs authorities of Member States in repect of
the classification of goods in the Combined Nomencla-
ture and which does not conform to the provisions of

HAS ADOPTED THIS REGULATION:

Article 1

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

Article 2

Binding tariff information issued by the customs authorities of
Member States which does not conform to the provisions of
this Regulation can continue to be invoked under the provi-
sions of Article 12(6) of Regulation (EEC) No 2913/92 for a
period of three months.

Article 3

This Regulation shall enter
into force on the 20th 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, 30 March 2001.

For the Commission

Frederik BOLKESTEIN

Member of the Commission

(1) OJ L 256, 7.9.1987, p. 1.
(2) OJ L 293, 22.11.2000, p. 1.

(3) OJ L 302, 19.10.1992, p. 1.
(4) OJ L 311, 12.12.2000, p. 17.

31.3.2001

EN

Official Journal of the European Communities

L 91/41

ANNEX

Classification
CN code

(2)

3507 90 90

Description of the goods

(1)

Mixture of enzymes stabilised on a carrier (wheat
flour), containing per gram 2 500 units of xyla-
nase and 800 units of protease, in granulas form.
The product may be used, inter alia, as an additive
in animal feed (in the proportion of approximately
1 to 1 000) in order to improve the nutritional
efficiency of the feed by rendering it more easily
digestible

Reasons

(3)

Classification is determined by the provisions of
General Rules 1 and 6 for the interpretation of the
Combined Nomenclature and by the wording of
CN codes 3507, 3507 90 and 3507 90 90

The product is classified on the basis of the active
substances which it contains. Enzymes as protein
substances within Chapter 35 are excluded from
heading 23.09 (see the Harmonised System Expla-
natory Note to heading 23.09, exclusion (h))

The carrier is used because of its properties, which
to absorb a substantial quantity of
allows it
enzymes and to stabilise them at a high tempera-
ture and not due to its nutritional properties