Regulation (EEC) No 495/69 of the Commission of 18 March 1969 on the classification of goods under subheadings Nos 18.06 D II (c) and 21.07 F VII of the Common Customs Tariff
++++
( 1 ) OJ N L 14 , 21 . 1 . 1969 , P . 1 .
REGULATION ( EEC ) N 495/69 OF THE COMMISSION
OF 18 MARCH 1969
ON THE CLASSIFICATION OF GOODS UNDER SUB-HEADINGS N S 18.06 D II ( C ) AND 21.07 F VII 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 PROVISION MUST BE MADE TO ENSURE UNIFORM APPLICATION OF THE NOMENCLATURE OF THE COMMON CUSTOMS TARIFF WITH A VIEW TO THE CLASSIFICATION OF PRODUCTS HAVING A RELATIVELY HIGH FAT CONTENT IN WHICH MILKFATS REPRESENT 45 % OR MORE BUT LESS THAN 65 % OF THE TOTAL WEIGHT OF THOSE PRODUCTS WHICH CONTAIN IN PARTICULAR SUGAR , AN EMULSIFIER AND WATER , WHICH MAY HAVE BEEN AERATED , AND WHICH PRESENT THE APPEARANCE OF ICE CREAM ; WHEREAS SUCH PRODUCTS SOMETIMES CONTAIN COCOA AND ARE PRESENTED CHILLED OR FROZEN ;
WHEREAS THE PRODUCTS IN QUESTION ARE FOOD PREPARATIONS AND MUST CONSEQUENTLY BE CLASSIFIED UNDER HEADING N 18.06 IF THEY CONTAIN COCOA OR UNDER HEADING N 21.07 IF THEY DO NOT CONTAIN COCOA ;
WHEREAS , UNDER THOSE HEADINGS , SUB-HEADINGS N S 18.06 B AND 21.07 C WORDED " EDIBLE ICE CREAM " COVER ONLY ICES EDIBLE IN THE UNALTERED STATE ; WHEREAS ICES AS COMMONLY SOLD IN THE TRADE DO NOT ALWAYS CONTAIN MILKFATS ; WHEREAS WHEN THEY DO CONTAIN MILKFATS THE FAT CONTENT DOES NOT USUALLY EXCEED 15 % BY WEIGHT ; WHEREAS THEIR BASIC CHARACTERISTIC IS THAT THEY MELT WHEN THE AMBIENT TEMPERATURE IS ABOUT 0 C ;
WHEREAS THE PRODUCTS IN QUESTION CANNOT BE EATEN DIRECTLY AS ICE CREAM , OWING IN PARTICULAR TO THEIR HIGH FAT CONTENT , AND WHEREAS THEY DO NOT MELT WHEN THE AMBIENT TEMPERATURE IS ABOUT 0 C ; WHEREAS , CONSEQUENTLY , THEY ARE EXCLUDED FROM SUB-HEADINGS N S 18.06 B AND 21.07 C AND WHEREAS , BECAUSE OF THEIR COMPOSITION AND NATURE , THEY FALL WITHIN SUB-HEADING N 18.06 D II ( C ) IF THEY CONTAIN COCOA AND SUB-HEADING N 21.07 F VII IF THEY DO NOT CONTAIN COCOA ;
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 HAVING A RELATIVELY HIGH FAT CONTENT BY WEIGHT IN WHICH MILKFATS REPRESENT 45 % OR MORE BUT LESS THAN 65 % OF THE TOTAL WEIGHT OF SUCH PRODUCTS , WHICH IN ADDITION TO COCOA CONTAIN IN PARTICULAR SUGAR , AN EMULSIFIER AND WATER , WHETHER OR NOT AERATED AND PRESENTED CHILLED OR FROZEN , SHALL FALL WITHIN THE FOLLOWING SUB-HEADING OF THE COMMON CUSTOMS TARIFF :
N 18.06 D II ( C )
CHOCOLATE AND OTHER FOOD PREPARATIONS CONTAINING COCOA , OTHER , CONTAINING 26 % OR MORE BY WEIGHT OF MILKFATS .
ARTICLE 2
PRODUCTS HAVING A RELATIVELY HIGH FAT CONTENT BY WEIGHT IN WHICH MILKFATS REPRESENT 45 % OR MORE BUT LESS THAN 65 % OF THE TOTAL WEIGHT OF SUCH PRODUCTS , WHICH CONTAIN IN PARTICULAR SUGAR , AN EMULSIFIER AND WATER , WHETHER OR NOT AERATED AND PRESENTED CHILLED OR FROZEN , SHALL FALL WITHIN THE FOLLOWING SUB-HEADING OF THE COMMON CUSTOMS TARIFF :
N 21.07 F VII
FOOD PREPARATIONS NOT ELSEWHERE SPECIFIED OR INCLUDED , OTHER , CONTAINING 45 % OR MORE BUT LESS THAN 65 % BY WEIGHT OF MILKFATS .
ARTICLE 3
THIS REGULATION SHALL ENTER INTO FORCE ON THE THIRD 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 , 18 MARCH 1969 .
FOR THE COMMISSION
THE PRESIDENT
JEAN REY