****

( 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 349 , 23 . 12 . 1980 , P . 8 .

COMMISSION REGULATION ( EEC ) NO 341/81

OF 6 FEBRUARY 1981

ON THE CLASSIFICATION OF GOODS IN SUBHEADING 02.02 B II 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 ) 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 , IN ORDER TO ENSURE UNIFORM APPLICATION OF THE NOMENCLATURE OF THE COMMON CUSTOMS TARIFF , PROVISION MUST BE MADE FOR THE CLASSIFICATION OF CERTAIN PRODUCTS KNOWN AS ' GOOSE OR DUCK PALETOTS ' ( ' PALETOTS D ' OIE ' , ' PALETOTS DE CANARD ' ) BEING GEESE OR DUCKS PLUCKED AND COMPLETELY DRAWN , WITHOUT HEADS OR FEET , WITH CARCASE BONES ( BREASTBONE , RIBS , BACKBONE AND SACRUM ) REMOVED BUT NOT THE FEMURS , TIBIAS OR HUMERI , FRESH , CHILLED OR FROZEN ;

WHEREAS SUBHEADING 02.02 B OF THE COMMON CUSTOMS TARIFF ANNEXED TO COUNCIL REGULATION ( EEC ) NO 950/68 ( 3 ), AS LAST AMENDED BY REGULATION ( EEC ) NO 3324/80 ( 4 ), REFERS TO POULTRY CUTS ( EXCLUDING OFFALS ), FRESH , CHILLED OR FROZEN ;

WHEREAS ' GOOSE OR DUCK PALETOTS ' ARE TO BE REGARDED AS ' POULTRY CUTS ( EXCLUDING OFFALS ) ' AND , BECAUSE OF THE PRESENCE OF THE FEMURS , THE TIBIAS AND THE HUMERI , THEY CANNOT BE REGARDED AS FALLING WITHIN SUBHEADING 02.02 B I ; WHEREAS THEY SHOULD THEREFORE BE CLASSIFIED IN SUBHEADING 02.02 B II ;

WHEREAS , IN THE ABSENCE OF ANY MORE SPECIFIC SUBHEADING WITHIN 02.02 B II , THEY SHOULD BE CLASSIFIED IN SUBHEADING 02.02 B II F );

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

GOODS KNOWN AS ' GOOSE OR DUCK PALETOTS ' , BEING GEESE OR DUCKS PLUCKED AND COMPLETELY DRAWN , WITHOUT HEADS OR FEET , WITH CARCASE BONES ( BREASTBONE , RIBS , BACKBONE AND SACRUM ) REMOVED BUT NOT THE FEMURS , TIBIAS OR HUMERI , FRESH , CHILLED , OR FROZEN , SHALL BE CLASSIFIED IN THE COMMON CUSTOMS TARIFF UNDER SUBHEADING :

02.02 DEAD POULTRY ( THAT IS TO SAY , FOWLS , DUCKS , GEESE , TURKEYS AND GUINEA FOWLS ) AND EDIBLE OFFALS THEREOF ( EXCEPT LIVER ), FRESH , CHILLED OR FROZEN :

B . POULTRY CUTS ( EXCLUDING OFFALS ):

II . UNBONED ( BONE-IN ):

F ) OTHER .

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 , 6 FEBRUARY 1981 .

FOR THE COMMISSION

KARL-HEINZ NARJES

MEMBER OF THE COMMISSION