Commission Regulation (EC) No 1776/2001 of 7 September 2001 amending Annex I to Council Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff
Date: 2001-09-07
Institutions: European Commission
Subjects: Combined Nomenclature, common customs tariff, fruit juice, sugar, tariff nomenclature

8.9.2001

EN

Official Journal of the European Communities

L 240/3

COMMISSION REGULATION (EC) No 1776/2001

of 7 September 2001

amending Annex I to Council Regulation (EEC) No 2658/87 on the tariff and statistical nomencla-
ture 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 1230/2001 (2), and in particular Article 9
thereof,

ensure that they retain their original character of fruit
juices of this heading.

It is necessary to amend additional note 5 to Chapter 20
to reflect this decision.

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

(6)

(7)

Whereas:

HAS ADOPTED THIS REGULATION:

(1)

(2)

(3)

(4)

(5)

To ensure uniform application of the Combined Nomen-
clature annexed to the said regulation, it is necessary to
make a distinction between, on the one hand, fruit juices
containing added sugar of heading 2009 and, on the
other hand, preparations for the manufacture of bever-
ages including flavoured sugar syrups of heading 2106.

According to the harmonised system explanatory note
to heading 2009, amongst other additives, sugar can be
added to fruit
they retain their
juices provided that
original character.

The fruit juices or mixtures of fruit juices whether or not
containing added sugar are classified in the subheadings
of heading 2009 of
the Combined Nomenclature
according to their density, whether or not exceeding
1,33 g/cm3 at 20 °C, which depends, amongst other, on
the sugar content of these products.

Additional note 2 to Chapter 20 of
the Combined
Nomenclature lays down the measuring method to be
applied for the determination of the content of various
sugars expressed as sucrose for products of this Chapter,
including fruit juices of heading 2009.

It seems appropriate to create a minimum limit of 50 %
by weight for the fruit juice content of products of
subheadings of heading 2009 with the wording ‘of a
density not exceeding 1,33 g/cm3 at 20 °C’, in order to

Article 1

Additional note 5 to Chapter 20 of the Combined Nomencla-
ture annexed to Regulation (EEC) No 2658/87 is replaced by
the following text:

‘5. (a) The added sugar content of products classified
under heading No 2009 corresponds to the “sugar
content” less the figures given hereunder, according
to the kind of juice concerned:
— lemon or tomato juice: 3,
— apple juice: 11,
— grape juice: 15,
fruit or
— other
mixtures of juices: 13.

including

vegetable

juices,

(b) The fruit juices with added sugar, of a density not
exceeding 1,33 g/cm3 at 20 °C and containing less
than 50 % by weight of fruit juices in their natural
state obtained from fruits or by dilution of concen-
trated juice,
fruit
juices of heading No 2009.’

lose their original character of

Article 2

into force on the 20th day
This Regulation shall enter
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, 7 September 2001.

For the Commission

Frederik BOLKESTEIN

Member of the Commission

(1) OJ L 256, 7.9.1987, p. 1.
(2) OJ L 168, 23.6.2001, p. 6.