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29.11.2012 Official
Journal
of
the
European
Union L
329/11
COMMISSION IMPLEMENTING REGULATION (EU) No 1113/2012
of 23 November 2012
amending Council Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on
the Common Customs Tariff
THE EUROPEAN COMMISSION,
(4) It
is
therefore
appropriate
to
add
a
new
paragraph
to
Additional Note 2 to Chapter 27 of the Combined
Having regard to the Treaty on the Functioning of the European
Nomenclature which establishes the value of the
Union,
minimum content of biodiesel at 0,5 % by volume (deter
mination by EN 14078 method).
Having regard to Council Regulation (EEC) No 2658/87 of
23 July 1987 on the tariff and statistical nomenclature and
(5) Regulation
(EEC)
No
2658/87
should
therefore
be
on the Common Customs Tariff
(
amended accordingly.

1 ), and in particular

Article 9(1)(a) thereof,
(6) The
Customs
Code
Committee
has
not
issued
an
opinion
Whereas:
within the time limit set by its Chairman,
(1) In
the
interest
of
legal
certainty,
it
is
necessary
to
clarify HAS ADOPTED THIS REGULATION:
the scope of the Combined Nomenclature set out in
Annex I to Regulation (EEC) No 2658/87, as regards
Article 1
subheading 2710 20 Petroleum oils and oils obtained
from bituminous minerals (other than crude) and prep
In Part Two, Section V, Chapter 27, Additional Notes, of the
arations not elsewhere specified or included containing
Combined Nomenclature set out in Annex I to Regulation (EEC)
by weight 70 % or more of petroleum oils or oils
No 2658/87, the following point (g) is inserted between ‘Such
obtained from bituminous minerals, these oils being
products fall in subheadings 2710 19 71 to 2710 19 99 or
the basic constituents of the preparations, containing
2710 20 90’ and Additional Note 3:
biodiesel, other than waste oils.
‘(g) “containing biodiesel” means that the products of
subheading 2710
20 have a minimum content of
(2)
According to Subheading Note 5 to Chapter 27, the term
biodiesel, i.e. mono-alkyl esters of fatty acids (FAMAE)
‘biodiesel’ means mono-alkyl esters of fatty acids
of a kind used as a fuel, of 0,5 % by volume (deter
(FAMAE) of a kind used as a fuel, derived from animal
mination by EN 14078 method).’.
or vegetable fats or oils whether or not used.
Article 2
(3) In
order
to
permit
classification
of
products
under
subheading 2710 20 it is necessary to define the value
This Regulation shall enter into force on the twentieth day
of the minimum content of biodiesel provided for in that
following that of its publication in the Official Journal of the
subheading.
European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 23 November 2012.
For the Commission,
On behalf of the President,
Algirdas EMETA
Member of the Commission
( 1 ) OJ L 256, 7.9.1987, p. 1.

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