31969R1434

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( 1 ) OJ N I 14 , 21 . 1 . 1969 , P . 1 .

( 2 ) OJ N L 172 , 22 . 7 . 1968 .

( 3 ) OJ N L 157 , 28 . 6 . 1969 , P . 8 .

REGULATION ( EEC ) N 1434/69 OF THE COMMISSION

OF 24 JULY 1969

ON THE CLASSIFICATION OF GOODS UNDER SUB-HEADINGS N S 11.01 E II AND 11.02 A V ( B ) 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 ) N 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 THE COMMON CUSTOMS TARIFF ANNEXED TO COUNCIL REGULATION ( EEC ) N 950/68 ( 2 ) OF 28 JUNE 1968 , AS LAST AMENDED BY COUNCIL REGULATION ( EEC ) N 1195/69 ( 3 ) OF 26 JUNE 1969 , COMPRISES UNDER SUBHEADING N 11.01 E II MAIZE FLOUR HAVING A FAT CONTENT EXCEEDING 1 * 5 % BY WEIGHT AND UNDER SUBHEADING N 11 * 02 A V ( B ) MAIZE GROATS AND MEAL HAVING A FAT CONTENT EXCEEDING 1 * 5 % BY WEIGHT ;

WHEREAS PROVISION MUST BE MADE TO ENSURE UNIFORM APPLICATION OF THE NOMENCLATURE OF THE COMMON CUSTOMS TARIFF WITH A VIEW TO CLASSIFICATION OF PRODUCTS OBTAINED BY CRUSHING OR MILLING WHOLE MAIZE COBS ( STALKS AND GRAINS ) HAVING , IN PARTICULAR , A CONTENT BY WEIGHT OF ABOUT 50 % STARCH , 7 % PROTEIN , 6 % RAW CELLULOSE , 3 % FATS , 1 * 4 % MINERALS ( ASH ) AND 10 % MOISTURE ;

WHEREAS HEADING N 11.01 APPLIES TO FLOURS OBTAINED FROM THE CEREALS OF CHAPTER 10 OF THE COMMON CUSTOMS TARIFF ; WHEREAS , IN ACCORDANCE WITH THE GENERAL EXPLANATORY NOTE TO CHAPTER 10 OF THE BRUSSELS NOMENCLATURE , THAT CHAPTER ALSO INCLUDES CEREALS IN THE EAR ;

WHEREAS HEADING N 11.02 APPLIES IN PARTICULAR TO GROATS AND MEAL OBTAINED FROM THE SAME CEREALS ; WHEREAS IT IS APPROPRIATE TO DISTINGUISH BETWEEN THAT HEADING AND HEADING N 11.01 BY REFERENCE TO THE PROPORTION OF THE GOODS IN QUESTION WHICH WILL PASS THROUGH A MESH OF A GIVEN SIZE ;

WHEREAS THE PROVISIONS OF THIS REGULATION ARE IN ACCORDANCE WITH THE OPINION OF THE COMMITTEE ON THE COMMON CUSTOMS TARIFF NOMENCLATURE ;

HAS ADOPTED THIS REGULATION :

ARTICLE 1

PRODUCTS OBTAINED BY CRUSHING OR MILLING WHOLE MAIZE COBS ( STALKS AND GRAINS ) HAVING , IN PARTICULAR , A CONTENT BY WEIGHT OF ABOUT 50 % STARCH , 7 % PROTEIN , 6 % RAW CELLULOSE , 3 % FATS , 1 * 4 % MINERALS ( ASH ) AND 10 % MOISTURE SHALL BE CLASSIFIED UNDER :

COMMON CUSTOMS TARIFF SUB-HEADING N 11.01 :

CEREAL FLOURS :

E . MAIZE FLOUR

II . OTHER

WHEN 90 % OR MORE BY WEIGHT THEREOF PASSES THROUGH A 500-MICRON MESH : AND ;

COMMON CUSTOMS TARIFF SUB-HEADING N 11.02 :

CEREAL GROATS AND CEREAL MEAL ; OTHER WORKED CEREAL GRAINS ( FOR EXAMPLE , ROLLED , FLAKED , POLISHED , PEARLED OR KIBBLED , BUT NOT FURTHER PREPARED ) , EXCEPT HUSKED , GLAZED , POLISHED OR BROKEN RICE ; GERM OF CEREALS , WHOLE , ROLLED , FLAKED OR GROUND :

A . CEREAL GROATS AND CEREAL MEAL :

V . OF MAIZE :

( B ) OTHER

WHEN LESS THAN THAT PERCENTAGE OF THE PRODUCTS PASSES THROUGH THE MESH .

ARTICLE 2

THIS REGULATION SHALL ENTER INTO FORCE ON THE TENTH 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 , 24 JULY 1969 .

FOR THE COMMISSION

THE PRESIDENT

JEAN REY