Commission Regulation (EC) No 1340/2004 of 22 July 2004 amending Annex I to Council Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff
Date: 2004-07-22
Institutions: European Commission
Subjects: Combined Nomenclature, common customs tariff, fruit juice, pip fruit

23.7.2004

EN

Official Journal of the European Union

L 249/5

COMMISSION REGULATION (EC) No 1340/2004

of 22 July 2004

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,

note 5(b) fruit juices with added sugar only retain their
original character of fruit juices of heading 2009 if their
fruit juice content is 50 % or more.

(4)

(5)

(6)

Having regard to the Treaty
Community,

establishing the European

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), and in particular Article 9(1)(a)
thereof,

Whereas:

(1)

(2)

(3)

Regulation (EEC) No 2658/87 established a nomenclature
of goods hereinafter
the Combined
Nomenclature, which is set out in Annex I to this Regu-
lation.

referred to as

In order to determine the added sugar content of fruit
juices of heading 2009, Regulation (EEC) No 2658/87
incorporated, in additional note 5(a) to Chapter 20 of the
Combined Nomenclature, certain values laid down by
Council Regulation (EEC) No 950/68 of 28 June 1968
on the common customs tariff (2). The value for apple
juice was 11.

Commission Regulation (EC) No 1776/2001 of 7
September 2001 amending Annex I to Council Regu-
lation (EEC) No 2658/87 on the tariff and statistical
nomenclature and on the Common Customs Tariff (3)
inserted an additional note 5(b)
to Chapter 20,
amending additional note 5. According to additional

The method of calculating fruit juice content using the
Brix value determined in accordance with additional note
2(b) to Chapter 20 and the standard value used in addi-
tional note 5(a)
to Chapter 20 is described in the
Combined Nomenclature explanatory note to heading
2009 (4).

Following the entry into force of Regulation (EC) No
1776/2001 and the explanatory note to heading 2009,
it was found that some concentrated apple juice of a Brix
value of less than 67 was excluded from heading 2009
by virtue of additional note 5 and on the basis of the
apple juice content calculated in accordance with the
explanatory note, even though it was natural apple
juice with no added sugar, from which water had been
removed to produce the concentrate.

show that

Scientific studies
since 1968, when the
standard figure of 11 for apple juice was introduced,
new varieties of apple have been cultivated for
the
production of concentrated juice. Their high acidity
means the unconcentrated juice can reach an average
Brix value of 13. The 1968 figure of 11 should
therefore be revised upwards to 13 to ensure that
natural fruit juices made from the new apple varieties
are not excluded from heading 2009.

(1) OJ L 256, 7.9.1987, p. 1. Regulation as

(EC) No 2344/2003 (OJ

last amended by
L 346,

Commission Regulation
31.12.2003, p. 38).

(2) OJ L 172, 22.7.1968, p. 1. Regulation as

last amended by
336,
L

(OJ

3529/87

Commission Regulation
26.11.1987, p. 3).

(3) OJ L 240, 8.9.2001, p. 3.

(EEC) No

(7)

This means amending additional note 5(a) to Chapter 20
of the Combined Nomenclature (Annex I to Regulation
(EEC) No 2658/87), by deleting the entry ‘— apple juice:
11’ and merging it with ‘— other fruit or vegetable
juices, including mixtures of juices: 13’.

(4) OJ C 256, 23.10.2002, p. 84.

L 249/6

EN

Official Journal of the European Union

23.7.2004

(8)

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

HAS ADOPTED THIS REGULATION:

Article 1

In additional note 5(a) to Chapter 20 of the Combined Nomen-
clature at Annex I to Regulation (EEC) No 2658/87 the second
indent ‘— apple juice: 11’ is deleted.

Article 2

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

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

Done at Brussels, 22 July 2004.

For the Commission

Frederik BOLKESTEIN
Member of the Commission