CELEX: 31978R2622
Language: en
Date: 1978-11-09 00:00:00
Title: Commission Regulation (EEC) No 2622/78 of 9 November 1978 on the classification of goods falling within subheading 02.01 A II b) 4 bb) 33 of the Common Customs Tariff

Avis juridique important

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31978R2622

Commission Regulation (EEC) No 2622/78 of 9 November 1978 on the classification of goods falling within subheading 02.01 A II b) 4 bb) 33 of the Common Customs Tariff  

Official Journal L 316 , 10/11/1978 P. 0009 - 0009 Greek special edition: Chapter 02 Volume 6 P. 0252  Spanish special edition: Chapter 02 Volume 5 P. 0129  Portuguese special edition Chapter 02 Volume 5 P. 0129 

****( 1 ) OJ NO L 14 , 21 . 1 . 1969 , P . 1 .  ( 2 ) OJ NO L 40 , 11 . 2 . 1977 , P . 1 .  ( 3 ) OJ NO L 172 , 22 . 7 . 1968 , P . 1 .  ( 4 ) OJ NO L 215 , 4 . 8 . 1978 , P . 1 .    COMMISSION REGULATION ( EEC ) NO 2622/78   OF 9 NOVEMBER 1978   ON THE CLASSIFICATION OF GOODS FALLING WITHIN SUBHEADING 02.01 A II B ) 4 BB ) 33 OF THE COMMON CUSTOMS TARIFF   THE COMMISSION OF THE EUROPEAN   COMMUNITIES ,   HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ,   HAVING REGARD TO COUNCIL REGULATION ( EEC ) NO 97/69 OF 16 JANUARY 1969 ON MEASURES TO BE TAKEN FOR UNIFORM APPLICATION OF THE NOMENCLATURE OF THE COMMON CUSTOMS TARIFF ( 1 ), AS LAST AMENDED BY REGULATION ( EEC ) NO 280/77 ( 2 ), AND IN PARTICULAR ARTICLE 3 THEREOF ,   WHEREAS IN ORDER TO ENSURE UNIFORM APPLICATION OF THE NOMENCLATURE OF THE COMMON CUSTOMS TARIFF , PROVISIONS MUST BE LAID DOWN CONCERNING THE TARIFF CLASSIFICATION OF THE PIECE OF BEEF KNOWN AS ' THICK SKIRT ' , FORMED BY THE MUSCULAR PILLARS OF THE DIAPHRAGM , IN THE FROZEN STATE ;   WHEREAS SUBHEADING 02.01 A II B ) OF THE COMMON CUSTOMS TARIFF ANNEXED TO COUNCIL REGULATION ( EEC ) NO 950/68 ( 3 ), AS LAST AMENDED BY REGULATION ( EEC ) NO 1861/78 ( 4 ), REFERS TO  ' MEAT OF BOVINE ANIMALS , FROZEN ' ;   WHEREAS FOR THE DISTINCTION BETWEEN ' MEAT '  FOR THE PURPOSE OF SUBHEADING 02.01 A AND ' OFFALS '  FOR THE PURPOSES OF SUBHEADING 02.01 B IT IS NECESSARY IN THE ABSENCE OF LEGAL DEFINITIONS OF THE TERMS ' MEAT '  AND ' OFFALS '  TO REFER IN PARTICULAR TO THE EXPLANATORY NOTES TO THE CUSTOMS COOPERATION COUNCIL NOMENCLATURE ( CHAPTER 2 ' GENERAL ' ) WHICH INDICATE THAT THE PRINCIPAL OFFALS CONSIST OF THE FOLLOWING : HEAD , FEET , TAIL , UDDER , SKIN AND CERTAIN INTERNAL ORGANS SUCH AS THE HEART , LIVER , TONGUE , KIDNEYS , LUNGS , BRAINS , SWEETBREADS , PANCREAS , ETC ;   WHEREAS BECAUSE OF ITS NATURE THE ' THICK SKIRT '  IS NOT COMPARABLE WITH THESE OFFALS ; WHEREAS THE QUALITY OR COMMERCIAL VALUE OF THIS PRODUCT IS NOT BE TAKEN INTO CONSIDERATION ; WHEREAS THIS ' THICK SKIRT '  IS THEREFORE TO BE CLASSIFIED IN SUBHEADING 02.01 A II AS MEAT OF BOVINE ANIMALS ;   WHEREAS WITHIN SUBHEADING 02.01 A II , SUBHEADING 02.01 A II B ) 4 BB ) 33 MUST BE CHOSEN FOR THE PRODUCT IN QUESTION ;   WHEREAS THE PROVISIONS PROVIDED FOR IN THIS REGULATION ARE IN ACCORDANCE WITH THE OPINION OF THE COMMITTEE ON COMMON CUSTOMS TARIFF NOMENCLATURE ,   HAS ADOPTED THIS REGULATION :   ARTICLE 1   THE PIECES OF BEEF KNOWN AS ' THICK SKIRT ' , FORMED BY THE MUSCULAR PILLARS OF THE DIAPHRAGM , IN THE FROZEN STATE , SHALL BE CLASSIFIED IN THE FOLLOWING SUBHEADING OF THE COMMON CUSTOMS TARIFF :   02.01 MEAT AND EDIBLE OFFALS OF THE ANIMALS FALLING WITHIN HEADING NO 01.01 , 01.02 , 01.03 OR 01.04 , FRESH , CHILLED OR FROZEN :   A . MEAT :   II . OF BOVINE ANIMALS :   B ) FROZEN :   4 . OTHER :   BB ) BONED OR BONELESS :   33 . OTHER   ARTICLE 2   THIS REGULATION SHALL ENTER FORCE ON THE 21ST DAY FOLLOWING 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 , 9 NOVEMBER 1978 .   FOR THE COMMISSION   ETIENNE DAVIGNON   MEMBER OF THE COMMISSION