Commission Regulation (EC) No 1966/2005 of  1 December 2005  amending Regulation (EEC) No 2061/89 concerning the classification of certain goods in the Combined Nomenclature
Date: 2005-12-01
Institutions: European Commission
Subjects: Combined Nomenclature, food supplement, medicinal product

2.12.2005

EN

Official Journal of the European Union

L 316/5

COMMISSION REGULATION (EC) No 1966/2005

of 1 December 2005

amending Regulation (EEC) No 2061/89 concerning the classification of certain goods in the
Combined Nomenclature

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(3)

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
thereof,

Whereas:

(1)

(2)

In order to ensure uniform application of the Combined
Nomenclature annexed to Regulation (EEC) No 2658/87,
it is necessary to adopt measures concerning the classi-
fication of the goods referred to in the Annex to this
Regulation.

Regulation (EEC) No 2658/87 has laid down the general
rules for the interpretation of the Combined Nomen-
clature. Those rules apply also 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 appli-
cation of tariff and other measures relating to trade in
goods.

Commission Regulation (EEC) No 2061/89 of 7 July
1989 concerning the classification of certain goods in
the Combined Nomenclature (2) classified product 5 set
out in the Annex as a food supplement without taking
account of its specific therapeutic and prophylactic prop-
erties in the treatment of vitamin C deficiency. Conse-
quently, it is necessary to amend the classification of this
product which should be considered as a medicament.

(4)

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

HAS ADOPTED THIS REGULATION:

Article 1

The classification of product No 5 in the Annex to Regulation
(EEC) No 2061/89 shall be replaced by that in the Annex to
this Regulation.

Article 2

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

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

Done at Brussels, 1 December 2005.

For the Commission

László KOVÁCS
Member of the Commission

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

(EC) No 1719/2005 (OJ

last amended by
L 286,

Commission Regulation
28.10.2005, p. 1).

(2) OJ L 196, 12.7.1989, p. 5. Regulation as amended by Regulation

(EC) No 936/1999 (OJ L 117, 5.5.1999, p. 9).

L 316/6

EN

Official Journal of the European Union

2.12.2005

ANNEX

Classification
(CN Code)

(2)

3004 50 10

Description

(1)

5. Preparation in the form of tablets put up in
packages for retail sale with instructions on
dosage and composition,
to counter defi-
ciency in vitamin C.

Each tablet weighing 750 mg contains:
— Ascorbic acid: 500 mg
— Rose hip powder,

cellulose, vegetable
stearine, botanical oil solids, magnesium
stearate, silicon dioxide and food glaze
containing protein: 250 mg.

Reasons

(3)

Classification is determined by General Rules 1
and 6 for the interpretation of the combined
nomenclature, Additional Note 1 to Chapter 30
the CN codes 3004,
and by the wording of
3004 50 and 3004 50 10.

See also the Combined Nomenclature Expla-
natory Notes to Chapter 30 (General).

for vitamin C (60 mg),

As regards the recommended daily allowance
(RDA)
each tablet
clearly contains a much higher amount of
vitamin C (500 mg).

All conditions of Additional Note 1 to Chapter
30 are therefore met and the product is to be
classified as a medicament of Heading 3004.