Commission Regulation (EC) No 1871/2003 of 23 October 2003 amending Annex I to Council Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff
Date: 2003-10-23
Institutions: European Commission
Subjects: common customs tariff, meat product, salted product, tariff nomenclature

25.10.2003

EN

Official Journal of the European Union

L 275/5

COMMISSION REGULATION (EC) No 1871/2003

of 23 October 2003

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 2176/2002 (2), and in particular Article
9(1)(a) thereof,

Whereas:

(1)

(2)

(3)

Regulation (EEC) No 2658/87 established a goods
nomenclature, hereinafter called the ‘Combined Nomen-
clature’. The Combined Nomenclature is reproduced in
Annex I to Regulation (EEC) No 2658/87.

Commission Regulation (EC) No 535/94 of 9 March
1994 amending Annex I to Council Regulation (EEC) No
2658/87 on the tariff and statistical nomenclature and
on the Common Customs Tariff (3) introduced additional
note 8 to Chapter 2 of the Combined Nomenclature,
with a view to clarifying the classification of salted meat
and edible meat offal falling in heading 0210 (‘meat and
edible meat offal, salted,
in brine, dried or smoked;
edible flours and meals of meat or meat offal’). This note
was renumbered in 1995 as additional note 7.

The classification in Chapter 2 of the Combined Nomen-
clature depends essentially on the process employed to
ensure the long-term preservation of a given product.
The General Harmonised System explanatory note to
Chapter 2 describes
that chapter.
Chapter 2 covers uncooked meat and meat offal which
are fresh or chilled or have undergone one of the various
processes
i.e.,
uncooked meat and meat offal which are frozen or
salted, in brine, dried or smoked.

long-term preservation,

the structure of

required for

any meat to which salt has been added would be consid-
ered as salted meat of heading 0210. For the purposes
of heading 0210, salting must be sufficient to ensure
long-term preservation for purposes other than transpor-
tation. In this connection, it should be noted that the
other processes listed in heading 0210,
in brine,
drying and smoking, are intended to ensure long-term
preservation rather than to act as a temporary preserving
agent for transport.

i.e.,

It seems appropriate to clarify and confirm further that
salting, within the meaning of heading 0210,
is a
process used to ensure long-term preservation.

Additional note 7 to Chapter 2 of
the Combined
Nomenclature annexed as Annex I to Regulation (EEC)
No 2658/87 should therefore be amended accordingly.

The Customs Code Committee has not issued an opinion
within the time limit set by its Chairman,

(5)

(6)

(7)

HAS ADOPTED THIS REGULATION:

Article 1

Additional note 7 to Chapter 2 of the Combined Nomenclature
annexed as Annex I
to Regulation (EEC) No 2658/87 is
replaced by the following:

‘For the purposes of heading 0210, the terms “meat and
edible meat offal, salted, in brine” mean meat and edible
meat offal deeply and homogeneously impregnated with
salt in all parts and having a total salt content of not less
than 1,2 % by weight, provided it is the salting which
ensures long-term preservation.’

(4)

According to the said explanatory note,
fresh meat
remains classified as such even if it has been packed with
salt as a temporary preserving agent during transport.
This reasoning applies equally to frozen meat, otherwise

Article 2

(1) OJ L 256, 7.9.1987, p. 1.
(2) OJ L 331, 7.12.2002, p. 3.
(3) OJ L 68, 11.3.1994, p. 15.

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

L 275/6

EN

Official Journal of the European Union

25.10.2003

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

Done at Brussels, 23 October 2003.

For the Commission

Frederik BOLKESTEIN

Member of the Commission