HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"L 112/30
EN
Official Journal of the European Union
24.4.2013
COMMISSION IMPLEMENTING DECISION
of 22 April 2013
concerning the validity of certain binding tariff information
(notified under document C(2013) 2297)
(Only the German text is authentic)
(2013/190/EU)
THE EUROPEAN COMMISSION,
previously issued by Member States classifying the
products concerned as medicaments of heading 3004
Having regard to the Treaty on the Functioning of the European
ceased to be valid.
Union,
(4) Subsequently
Member
States
issued
BTIs
for
such
Having regard to Council Regulation (EEC) No 2913/92 of
products under heading 2208.
12 October 1992 establishing the Community Customs
Code (
(5) However,
Austria
has
issued
the
BTI
referred
to
in
the

1 ), and in particular Article 12(5)(a)(iii) and Article 248
thereof,
Annex, classifying a similar product under CN Code
3004 90 00. In so doing, Austria has failed to take
account of the fact that the classification regulation
Having regard to Commission Regulation (EEC) No 2454/93 of
constitutes the application of a general rule to a
2 July 1993 laying down provisions for the implementation of
particular case, and thus contains guidance on the inter
Council Regulation (EEC) No 2913/92 establishing the
pretation of the rule which can be applied by the
Community Customs Code ( 2 ), and in particular Article 9(1)
authority responsible for the classification of an
thereof,
identical or similar product.
Whereas:
(6) The
BTI
referred
to
in
the
Annex
concerns
a
product
that
consists of a transparent, yellowish–brown liquid with
(1) In
order
to
ensure
uniform
application
of
the
Combined
specific aromatic odour and a bitter, spicy-aromatic
Nomenclature, the Commission adopted Regulation (EC)
taste. The product has an actual alcoholic strength of
No 160/2007 of 15 February 2007 concerning the clas
43,4 % by volume and consists of a mixture of
sification of certain goods in the Combined Nomencla
Camphor and 26 other medicinal herb extracts with
ture ( 3 ), classifying a product consisting of a clear, dark
essential oils, a food colouring agent and alcohol. That
brown liquid with an aromatic, herb-like smell and a
product is sufficiently similar to the one covered by
bitter, herbal taste, having an actual alcoholic strength
Regulation (EC) No 160/2007.
of 43 % by volume and consisting of a mixture of 32
kinds of medicinal herb extracts with caramel extract,
(7) The
conditions
of
Additional
Note
1(b)
to
Chapter
30
are
water and alcohol under CN code 2208 90 69.
not met because the labelling is not precise regarding the
quantitative composition. The product described in the
(2) This
classification
was
adopted
on
the
following
reasons:
BTI issued by Austria consists of an alcoholic mix of
‘Classification is determined by General Rules 1 and 6 for
camphor with different herbal extracts. However, a
the interpretation of the Combined Nomenclature,
clear rationale for mixing all these herbs together is
Additional Note 1(b) to Chapter 30, and by the
absent. The product does not treat or prevent specific
wording of CN codes 2208, 2208 90 and 2208 90 69.
diseases or ailments. Some of the indications are
The product cannot be regarded as a medicament of
related to pathophysiological conditions not clearly
Chapter 30. Neither the label, nor the accompanying
defined.
user directions nor the packaging contains any
information about the type and concentration of the
(8) To
ensure
equality
between
operators
and
the
uniform
active substance(s). Only the amount and type of plants
application of the CN, the BTI referred to in the Annex
or parts of plants used are mentioned. The conditions of
should cease to be valid. The customs administration
Additional Note 1(b) to Chapter 30 are therefore not
which issued the information should therefore revoke it
met. The product is a spirituous beverage of heading
as soon as possible and notify the Commission to that
2208, having the characteristics of a food supplement,
effect.
designed to maintain general health or well-being, based
on extracts from plants (see the Harmonised System
(9) According
to
Article
12(6)
of
Regulation
(EEC)
No
Explanatory Note to heading 2208, third paragraph,
2913/92 the holder should be given, during a certain
item 16).’
period of time, the possibility of invoking binding tariff
information which has ceased to be valid subject to the
(3) Following
publication
of
the
above
Regulation
on
conditions laid down in Article 14(1) of Regulation (EEC)
20 February 2007, all Binding Tariff Information (BTIs)
No 2454/93.
(10) The
measures provided for in this Decision are in
( 1 ) OJ L 302, 19.10.1992, p. 1.
( 2 ) OJ L 253, 11.10.1993, p. 1.
accordance with the opinion of the Customs Code
( 3 ) OJ L 51, 20.2.2007, p. 3.
Committee,

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EN
24.4.2013 Official
Journal
of
the
European
Union L
112/31
HAS ADOPTED THIS DECISION:
Article 2
The binding tariff information referred to in the Annex may
Article 1
continue to be invoked under Article 12(6) of Regulation (EEC)
No 2913/92 for a period of six months provided that the
1. The binding tariff information referred to in column 1 of
conditions laid down in Article 14(1) of Regulation (EEC) No
the table set out in the Annex, which has been issued by the
2454/93 are met.
customs authorities specified in column 2 for the tariff classifi
cation specified in column 3 shall cease to be valid.
Article 3
This Decision is addressed to the Republic of Austria.
2. The
customs
authorities
specified
in
column
2
of
the
table
set out in the Annex shall revoke the binding tariff information
referred to in column 1 at the earliest possible date and in any
Done at Brussels, 22 April 2013.
case not later than 10 days from the notification of this
Decision.
For the Commission
3. The
customs
authority
which
revokes
the
binding
tariff
Algirdas EMETA
information shall notify the Commission thereof.
Member of the Commission
ANNEX
Binding tariff information
Reference No
Customs authority Tariff
classification
1
2
3
AT 2009/000788 Zollamt
Wien 30049000

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Document Outline

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