Commission Regulation (EC) No 1706/94 of 11 July 1994 amending Annex I to Council Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the common customs tariff

COMMISSION REGULATION (EC) No 1706/94 of 11 July 1994 amending Annex I to Council Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature 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 1641/94 (2), and in particular Article 9 thereof,
Whereas provisions should be adopted on the classification of flour, meal or powder of certain vegetables, roots, tubers and fruits of heading 1106 to ensure the uniform application of the Combined Nomenclature; whereas these products are covered by  other headings if they are put up in other forms such as pieces; whereas such flours, meals and powders need to be defined in order to distinguish them from the latter; whereas it is possible to follow the example of Notes 2 (B) and 3 to Chapter 11,  which cover a similar case involving flour, meal and groats of cereals, and use the percentage passing through a sieve of a given aperture as the distinguishing criterion; whereas the size of the fragments, in the case of flour and meal of manioc, has  already been defined in Additional Note 2 to Chapter 7; whereas the same percentage and same aperture laid down for manioc should be used for other products of heading 1106; whereas, however, different criteria are required for nuts which tend to stick  together when they are fragmented owing to their high fat content;
Whereas it should also be laid down that products of heading 1106 may be obtained by any fragmentation process and not simply by milling;
Whereas an Additional Note to this effect should be inserted in Chapter 11 of the Combined Nomenclature; whereas Annex I to Regulation (EEC) No 2658/87 should be amended accordingly;
Whereas the provisions of this Regulation are in accordance with the opinion of the Customs Code Committee - Tariff and Statistical Nomenclature Section,