31976R1352

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

( 2 ) OJ N L 73 , 27 . 3 . 1972 , P . 14 .

( 3 ) OJ N L 172 , 22 . 7 . 1968 , P . 1 .

( 4 ) OJ N L 67 , 15 . 3 . 1976 , P . 11 .

COMMISSION REGULATION ( EEC ) N 1352/76

OF 11 JUNE 1976

ON THE CLASSIFICATION OF PRODUCTS FALLING WITHIN HEADING N 15.02 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 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 THE ACT OF ACCESSION ( 2 ) , AND IN PARTICULAR ARTICLE 3 THEREOF ,

WHEREAS PROVISIONS ARE REQUIRED TO ENSURE THE UNIFORM APPLICATION OF THE COMMON CUSTOMS TARIFF NOMENCLATURE AS REGARDS THE CLASSIFICATION OF TALLOWS OF BOVINE CATTLE , SHEEP OR GOATS WHICH CONTAIN SMALL QUANTITIES OF FATS DERIVED FROM PARTS OF THE ANIMAL CARCASE OTHER THAN THOSE USED FOR OBTAINING TALLOWS ;

WHEREAS THE COMMON CUSTOMS TARIFF ANNEXED TO COUNCIL REGULATION ( EEC ) N 950/68 OF 28 JUNE 1968 ( 3 ) , AS LAST AMENDED BY REGULATION ( EEC ) N 561/76 ( 4 ) , REFERS TO FATS OF BOVINE CATTLE , SHEEP OR GOATS UNDER HEADING N 15.02 ;

WHEREAS TALLOWS , EVEN IF THEY CONTAIN FATS DERIVED FROM PARTS OF THE ANIMAL CARCASE OTHER THAN THOSE USED FOR OBTAINING TALLOWS ( THE FATTY PARTS SURROUNDING THE ENTRAILS AND THE MUSCLES ) , REMAIN CLASSIFIED UNDER HEADING N 15.02 PROVIDED THAT THEY RETAIN THEIR CHARACTERISTICS AS TALLOW ;

WHEREAS IN ORDER TO RETAIN THEIR CHARACTERISTICS AS TALLOW , THE SAID PRODUCTS , HAVING REGARD TO COMMERCIAL REQUIREMENTS , MAY CONTAIN ONLY A SMALL PROPORTION OF FATS DERIVED FROM PARTS OF THE ANIMAL CARCASE OTHER THAN THOSE USED FOR OBTAINING TALLOWS ; WHEREAS HAVING REGARD TO CURRENT TECHNOLOGY , THE TALLOWS WHICH FALL WITHIN HEADING N 15.02 THEREFORE HAVE BOTH :

_ A TITRE OF 40 C OR MORE , DETERMINED BY THE ISO R 935 METHOD ; AND

_ A COLOUR INDEX OF 21 OR LESS , DETERMINED BY THE METHOD LAID DOWN BY THE FATTY ANALYSIS COMMITTEE ( USA ) ;

WHEREAS THE MEASURES 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

TALLOWS OF BOVINE CATTLE , SHEEP OR GOATS WHICH CONTAIN SMALL QUANTITIES OF FATS DERIVED FROM PARTS OF THE ANIMAL CARCASE OTHER THAN THOSE USED FOR OBTAINING TALLOWS , SHALL NOT FALL WITHIN HEADING N 15.02 OF THE COMMON CUSTOMS TARIFF UNLESS THEY HAVE BOTH :

_ A TITRE OF 40 C OR MORE , DETERMINED BY THE ISO R 935 METHOD ; AND

_ A COLOUR INDEX OF 21 OR LESS , DETERMINED BY THE METHOD LAID DOWN BY THE FATTY ANALYSIS COMMITTEE ( USA ) .

ARTICLE 2

THIS REGULATION SHALL ENTER INTO FORCE ON 1 AUGUST 1976 .

THIS REGULATION SHALL BE BINDING IN ITS ENTIRETY AND DIRECTLY APPLICABLE IN ALL MEMBER STATES .

DONE AT BRUSSELS , 11 JUNE 1976 .

FOR THE COMMISSION

FINN GUNDELACH

MEMBER OF THE COMMISSION