++++

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

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

( 3 ) OJ N L 311 , 11 . 12 . 1969 , P . 1 .

REGULATION ( EEC ) N 241/70 OF THE COMMISSION

OF 9 FEBRUARY 1970

ON THE CLASSIFICATION OF GOODS UNDER SUB-HEADING N 21.07 F 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 N 2451/69 ( 3 ) OF 8 DECEMBER 1969 , COMPRISES UNDER HEADING N 21.04 SAUCES , MIXED CONDIMENTS AND MIXED SEASONINGS , AND UNDER HEADING N 21.07 FOOD PREPARATIONS NOT ELSEWHERE SPECIFIED OR INCLUDED ;

WHEREAS PROVISION MUST BE MADE TO ENSURE UNIFORM APPLICATION OF THE NOMENCLATURE OF THE COMMON CUSTOMS TARIFF WITH A VIEW TO THE CLASSIFICATION OF FOOD PREPARATIONS BASED ON MILKFATS , WHICH CONTAIN VARIOUS INGREDIENTS ( EGG YOLK , VINEGAR , SALT , FOR EXAMPLE ) USED ALSO IN THE PREPARATION OF SAUCES , MIXED CONDIMENTS AND MIXED SEASONINGS ;

WHEREAS CERTAIN OF THESE PREPARATIONS ARE CLEARLY NOT INTENDED FOR CONSUMPTION IN THE UNALTERED STATE AS SAUCES , MIXED CONDIMENTS OR MIXED SEASONINGS ; WHEREAS , THEREFORE , SUCH PREPARATIONS DO NOT SATISFY THE REQUIREMENTS RELATING TO USE OF PRODUCTS FALLING WITHIN HEADING N 21.04 OF THE COMMON CUSTOMS TARIFF , AS APPEARS FROM THE EXPLANATORY NOTES TO THE BRUSSELS NOMENCLATURE , AND CONSEQUENTLY CANNOT BE CLASSIFIED UNDER THIS HEADING ; WHEREAS IN THE ABSENCE OF A MORE SPECIFIC CLASSIFICATION THEY MUST BE CLASSIFIED UNDER HEADING N 21.07 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 ;

HAS ADOPTED THIS REGULATION :

ARTICLE 1

FOOD PREPARATIONS BASED ON MILKFATS , WHICH CONTAIN VARIOUS INGREDIENTS ( EGG YOLK , VINEGAR , SALT , FOR EXAMPLE ) USED ALSO IN THE PREPARATION OF SAUCES , MIXED CONDIMENTS OR MIXED SEASONINGS AND WHICH ARE CLEARLY NOT INTENDED FOR CONSUMPTION IN THE UNALTERED STATE AS SAUCES , MIXED CONDIMENTS OR MIXED SEASONINGS SHALL FALL WITHIN THE COMMON CUSTOMS TARIFF SUB-HEADING :

N 21.07 FOOD PREPARATIONS NOT ELSEWHERE SPECIFIED OR INCLUDED :

F . OTHER

ARTICLE 2

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 , 9 FEBRUARY 1970 .

FOR THE COMMISSION

THE PRESIDENT

JEAN REY