Regulation (EEC) No 1523/70 of the Commission of 29 July 1970 on the classification of goods under subheading No 02.01 A II (a) of the Common Customs Tariff

REGULATION (EEC) No 1523/70 OF THE COMMISSION  of 29 July 1970  on the classification of goods under sub-heading No 02.01 A II (a) 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 (1) of 16 January 1969 on measures to be taken for uniform application of the nomenclature of the Common Customs Tariff, and in particular Article 3 thereof;
Whereas provision must be made to ensure uniform application of the nomenclature of the Common Customs Tariff with a view to the classification of partially or totally de-frozen meat of domestic bovine animals;
Whereas the Common Customs Tariff annexed to Council Regulation (EEC) No 950/68 (2) of 28 June 1968, as last amended by Council Regulation (EEC) No 1239/70 (3) of 29 June 1970, comprises under sub-heading No 02.01 A II (a) 1 meat of domestic bovine animals, fresh or chilled, and under sub-heading No 02.01 A II 2 meat of domestic bovine animals, frozen;
Whereas the wording "meat, fresh or chilled" under sub-heading No 02.01 A II (a) 1 does not include meat which has undergone a process, such as freezing, which brings about changes in its structure;
Whereas, in addition, the General Explanatory Note to Chapter 2 of the Brussels Nomenclature, under the heading "Distinction between meat and meat offals of the present Chapter and those of Chapter 16", states that:    - the expression "fresh" relates to products in their natural state;
- the expression "chilled" relates to products maintained at a temperature around freezing point but not frozen throughout;
- the expression "frozen" relates to products frozen throughout;
Whereas meat which has first been frozen throughout and later partially or totally de-frozen cannot be regarded as fresh or chilled meat ; whereas the freezing of meat brings about changes in its structure which remain when the meat is de-frozen;
Whereas partially or totally de-frozen meat should accordingly fall within sub-heading No 02.01 A II (a) 2 of the Common Customs Tariff;
Whereas the measures provided for in this Regulation are in accordance with the Opinion of the Committee on the Common Customs Tariff Nomenclature;