****

( 1 ) OJ NO L 14 , 21 . 1 . 1969 , P . 1 .

( 2 ) OJ NO L 40 , 11 . 2 . 1977 , P . 1 .

( 3 ) OJ NO L 172 , 22 . 7 . 1968 , P . 1 .

( 4 ) OJ NO L 342 , 31 . 12 . 1979 , P . 1 .

COMMISSION REGULATION ( EEC ) NO 1286/80

OF 23 MAY 1980

CLASSIFYING A PRODUCT UNDER SUBHEADING 04.02 A II 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 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 REGULATION ( EEC ) NO 280/77 ( 2 ), AND IN PARTICULAR ARTICLE 3 THEREOF ,

WHEREAS PROVISION MUST BE MADE TO ENSURE UNIFORM APPLICATION OF THE NOMENCLATURE OF THE COMMON CUSTOMS TARIFF AS REGARDS THE CLASSIFICATION OF A PRODUCT IN POWDER FORM , OBTAINED FROM SKIMMED MILK BY THE PARTIAL ELIMINATION OF LACTOSE AND MINERAL SALTS , FOR EXAMPLE BY MEANS OF ULTRAFILTRATION , HAVING THE FOLLOWING PERCENTAGE COMPOSITION :

// //

DRY MATTER // MILK FAT // ASH // LACTOSE // PROTEINS ( * ) ( N BY 6.38 ) //

//

95.4 % // 1.5 % // 6.6 % // 8.5 % // 74.7 % //

( * ) MAINLY CASEIN .

WHEREAS THE COMMON CUSTOMS TARIFF ANNEXED TO COUNCIL REGULATION ( EEC ) NO 950/68 ( 3 ), AS LAST AMENDED BY REGULATION ( EEC ) NO 3000/79 ( 4 ), PROVIDES FOR THE CLASSIFICATION OF MILK AND CREAM , IN POWDER OR GRANULES , UNDER SUBHEADING 04.02 A II ;

WHEREAS THE PRODUCT IN QUESTION , ALTHOUGH THE PROPORTIONS OF NATURAL MILK CONSTITUENTS HAVE BEEN ALTERED , RETAINS THE CHARACTER OF A PRODUCT OF HEADING NO 04.02 ;

WHEREAS THE RELEVANT SUBHEADING WITHIN HEADING NO 04.02 IS SUBHEADING 04.02 A II ;

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

THE PRODUCT IN POWDER FORM , OBTAINED FROM SKIMMED MILK BY THE PARTIAL ELIMINATION OF LACTOSE AND MINERAL SALTS , FOR EXAMPLE BY MEANS OF ULTRAFILTRATION , HAVING THE FOLLOWING PERCENTAGE COMPOSITION :

// //

DRY MATTER // MILK FAT // ASH // LACTOSE // PROTEINS ( * ) ( N BY 6.38 ) //

//

95.4 % // 1.5 % // 6.6 % // 8.5 % // 74.7 % //

( * ) MAINLY CASEIN .

SHALL BE CLASSIFIED WITHIN THE FOLLOWING SUBHEADING OF THE COMMON CUSTOMS TARIFF :

04.02 MILK AND CREAM , PRESERVED , CONCENTRATED OR SWEETENED :

A . NOT CONTAINING ADDED SUGAR :

II . MILK AND CREAM , IN POWDER OR GRANULES .

ARTICLE 2

THIS REGULATION SHALL ENTER INTO FORCE ON THE 21ST 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 , 23 MAY 1980 .

FOR THE COMMISSION

ETIENNE DAVIGNON

MEMBER OF THE COMMISSION