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Commission Regulation (EEC) No 3147/85 of 12 November 1985 on the tariff classification of certain poultry cuts and amending Regulation (EEC) No 950/68 on the Common Customs Tariff Official Journal L 299 , 13/11/1985 P. 0005 - 0005 Finnish special edition: Chapter 3 Volume 19 P. 0205 Spanish special edition: Chapter 02 Volume 14 P. 0111 Swedish special edition: Chapter 3 Volume 19 P. 0205 Portuguese special edition Chapter 02 Volume 14 P. 0111

***** COMMISSION REGULATION (EEC) No 3147/85 of 12 November 1985 on the tariff classification of certain poultry cuts and amending Regulation (EEC) No 950/68 on 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 2777/75 of 29 October 1975 on the common organization of the market in poultrymeat (1), as last amended by the Act of Accession of Greece, and in particular Articles 3 and 5 (3) thereof, Whereas partly boned poultry, cuts have recently come to account for an important part of the world's trade in poultrymeat; Whereas according to the Common Customs Tariff annexed to Council Regulation (EEC) No 950/68 (2), as last amended by Regulation (EEC) No 3068/85 (3), unboned poultry cuts fall within subheading 02.02 B II; Whereas partly boned poultry cuts are not of the same type and value as unprocessed, unboned poultry cuts which fall within subheadings 02.02 B II a) to e) of the Common Customs Tariff; whereas they should therefore be classified in subheading 02.02 B II g); Whereas the tariff nomenclature applicable as a result of Regulation (EEC) No 2777/75 is set out in the Common Customs Tariff; whereas it should therefore be amended; Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Poultrymeat and Eggs, HAS ADOPTED THIS REGULATION: Article 1 For the purposes of applying levies in the poultrymeat sector: 1. 'Poultry cuts, unboned (bone-in)', for the purposes of subheadings 02.02 B II a), b), c), d), and e) of the Common Customs Tariff shall be taken to mean the cuts specified therein, including all bones; 2. Poultry cuts as referred to in paragraph 1 which have been partly boned shall be classified in subheading 02.02 B II g) of the Common Customs Tariff. Article 2 The following Additional Note 7 is hereby added in Chapter 2 of the Common Customs Tariff set out in the Annex to Regulation (EEC) No 950/68: '7. (a) For the purposes of subheadings 02.02 B II a), b), c), d) and e), "poultry cuts, boned (bone-in)", shall be taken to mean the cuts specified therein, including all bones. (b) Poultry cuts as referred to in (a) which have been partly boned shall fall within subheading 02.02 B II g).' Article 3 This Regulation shall enter into force on 1 January 1986. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 12 November 1985. For the Commission Frans ANDRIESSEN Vice-President (1) OJ No L 282, 1. 11. 1975, p. 77. (2) OJ No L 172, 22. 7. 1968, p. 1. (3) OJ No L 292, 2. 11. 1985, p. 1.

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COMMISSION REGULATION (EEC) No 3147/85

of 12 November 1985

on the tariff classification of certain poultry cuts and amending Regulation (EEC) No 950/68 on 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 2777/75 of 29 October 1975 on the common organization of the market in poultrymeat (1), as last amended by the Act of Accession of Greece, and in particular Articles 3 and 5 (3) thereof,

Whereas partly boned poultry, cuts have recently come to account for an important part of the world's trade in poultrymeat;

Whereas according to the Common Customs Tariff annexed to Council Regulation (EEC) No 950/68 (2), as last amended by Regulation (EEC) No 3068/85 (3), unboned poultry cuts fall within subheading 02.02 B II;

Whereas partly boned poultry cuts are not of the same type and value as unprocessed, unboned poultry cuts which fall within subheadings 02.02 B II a) to e) of the Common Customs Tariff; whereas they should therefore be classified in subheading 02.02 B II g);

Whereas the tariff nomenclature applicable as a result of Regulation (EEC) No 2777/75 is set out in the Common Customs Tariff; whereas it should therefore be amended;

Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Poultrymeat and Eggs,

HAS ADOPTED THIS REGULATION:

Article 1

For the purposes of applying levies in the poultrymeat sector:

1. 'Poultry cuts, unboned (bone-in)', for the purposes of subheadings 02.02 B II a), b), c), d), and e) of the Common Customs Tariff shall be taken to mean the cuts specified therein, including all bones;

2. Poultry cuts as referred to in paragraph 1 which have been partly boned shall be classified in subheading 02.02 B II g) of the Common Customs Tariff.

The following Additional Note 7 is hereby added in Chapter 2 of the Common Customs Tariff set out in the Annex to Regulation (EEC) No 950/68:

'7. (a) For the purposes of subheadings 02.02 B II a), b), c), d) and e), "poultry cuts, boned (bone-in)", shall be taken to mean the cuts specified therein, including all bones.

(b) Poultry cuts as referred to in (a) which have been partly boned shall fall within subheading 02.02 B II g).'

Article 3

This Regulation shall enter into force on 1 January 1986.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 12 November 1985.

For the Commission

Frans ANDRIESSEN

Vice-President

(1) OJ No L 282, 1. 11. 1975, p. 77.

(2) OJ No L 172, 22. 7. 1968, p. 1.

(3) OJ No L 292, 2. 11. 1985, p. 1.