Commission Regulation (EC) No 1230/2001 of 21 June 2001 amending Annex I to Council Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff
Date: 2001-06-21
Institutions: European Commission
Subjects: common customs tariff, pigmeat, statistical nomenclature, tariff nomenclature

L 168/6

EN

Official Journal of the European Communities

23.6.2001

COMMISSION REGULATION (EC) No 1230/2001

of 21 June 2001

amending Annex I to Council Regulation (EEC) No 2658/87 on the tariff and statistical nomen-
clature and on the Common Customs Tariff

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 1229/2001 (2), and in particular Article 9
thereof,

swine or chaps and jowls of domestic swine presented
together are classified in Chapter 2 of the Combined
Nomenclature.

It is necessary to amend Additional notes 2 A(a) and (c)
to Chapter 2 in order to reflect the two cutting tech-
niques of half-carcases used.

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

(4)

(5)

Whereas:

(1)

(2)

Additional Note 2. C to Chapter 2 of the Combined
Nomenclature, annexed to the said Regulation,
lays
down that subheadings 0206 30 30, 0206 49 20 and
0210 90 39 include,
in particular, heads or halves of
heads of domestic swine, with or without the brains,
cheeks or tongues, and parts thereof. Furthermore, the
Additional note in question lays down that the head is
separated from the rest of the half-carcase by a straight
cut parallel to the cranium and which parts are consid-
ered parts of heads. Finally, it lays down that boneless
meat of the fore-end (including the jowl) are classifiable
in subheading 0203 19 55, 0203 29 55, 0210 19 51 or
0210 19 81 as the case may be.

It has been noted that the classification of the parts
chaps and jowls within the meaning of Additional Note
2. C to Chapter 2 present difficulties due to the absence
of clear definitions in the Combined Nomenclature. In
the case where the head is separated from the rest of the
half-carcase by a cut parallel to the cranium up to the
level of the eyes and then inclined to the front of the
head, the chaps remain attached to the half-carcase. The
latter cutting technique is not, however, reflected by the
Additional Note at issue. It seems that chaps, depending
on the cutting technique used, could be classified in
different subheadings of Chapter 2 of the Combined
Nomenclature.

(3)

To ensure uniform application of the Combined Nomen-
clature it seems necessary to amend Additional Note 2.
C to Chapter 2 in order to reflect the cutting techniques
used and to clarify how chaps and jowls of domestic

(1) OJ L 256, 7.9.1987, p. 1.
(2) See page 5 of this Official Journal.

HAS ADOPTED THIS REGULATION:

Article 1

Chapter 2 of the Combined Nomenclature annexed to Regula-
tion (EEC) No 2658/87 amended as follows.

1. The third sentence of Additional Note 2.A(a) shall be

replaced by the following:

‘These carcases or half-carcases may be with or without
head, with or without the chaps, feet, flare fat, kidneys, tail
or diaphragm.’

2. The first paragraph of Additional Note 2.A(c) shall be

replaced by the following:

‘“fore-ends”, for the purposes of subheadings 0203 19 11,
0203 29 11, 0210 19 30 and 0210 19 60:
the anterior
(cranial) part of the half-carcase without the head, with or
without the chaps, including bones, with or without foot,
shank, rind or subcutaneous fat.’

3. Additional Note 2.C is replaced by the following:

include,

‘Subheadings 0206 30 30, 0206 49 20 and 0210 90 39,
in particular, heads or halves of heads of
shall
the brains, cheeks or
domestic swine, with or without
tongues, and parts thereof.

The head is separated from the rest of the half-carcase as
follows:

— by a straight cut parallel to the cranium, or

— by a cut parallel to the cranium up to the level of the
eyes and then inclined to the front of the head, thereby
causing the chaps to remain attached to the half-carcase.

23.6.2001

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Official Journal of the European Communities

L 168/7

The cheeks, snouts and ears as well as the meat attached to the head, particularly to the rear part, are
considered parts of heads. However, the cuts of boneless meat of the fore-end presented alone (jowls,
chaps or chaps and jowls together), fall within subheading 0203 19 55, 0203 29 55, 0210 19 51 or
0210 19 81 as the case may be.’

This Regulation shall enter into force on the 20th day following its publication in the Official Journal of the
European Communities.

Article 2

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 21 June 2001.

For the Commission

Frederik BOLKESTEIN

Member of the Commission