Commission Regulation (EC) No 288/97 of 17 February 1997 amending Annex I to Council Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff and repealing a number of regulations on classification

COMMISSION REGULATION (EC) No 288/97 of 17 February 1997 amending Annex I to Council Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff and repealing a number of regulations on classification
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 2493/96 (2), and in particular Article 9 thereof,
Whereas it can be difficult to distinguish between some vegetable-based sauces falling within heading 2103 and prepared or preserved vegetables falling within Chapter 20; whereas, to ensure the uniform application of the combined nomenclature, provision should be made to distinguish between the two groups of products; whereas the said sauces usually take the form of liquids, emulsions or suspensions containing very little visible solid matter; whereas a suitable distinguishing criterion would be to pass them through a sieve of a given aperture;
Whereas an additional note should be inserted in Chapter 21 of the combined nomenclature and the corresponding amendments made to Annex I to Regulation (EEC) No 2658/87;
Whereas the regulations or parts of regulations that previously served to classify such products on the basis of criteria other than passage through a metal wire sieve, namely Commission Regulations (EEC) No 314/90 (3), (EEC) No 3044/90 (4) and (EC) No 3055/94 (5), should be repealed;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Tariff and Statistical Nomenclature Section of the Customs Code Committee,