Commission Regulation (EC) No 435/2009

of 26 May 2009

amending Annex I to Council Regulation (EC) No 1234/2007 (Single CMO Regulation) as regards certain codes of the Combined Nomenclature

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EEC) No 234/79 of 5 February 1979 on the procedure for adjusting the Common Customs Tariff nomenclature used for agricultural products [1], and in particular Article 2 thereof,

Whereas:

(1) Annex I to Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff [2] contains the Combined Nomenclature (CN) applicable from 1 January 2009.

(2) Some of the CN codes and descriptions in Annex I to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) [3] do no longer correspond to the CN.

(3) Regulation (EC) No 1234/2007 should therefore be amended accordingly.

(4) The measures provided for in this Regulation are in accordance with the opinion of the management committee for the common organisation of agricultural markets,

HAS ADOPTED THIS REGULATION:

Article 1

Annex I to Regulation (EC) No 1234/2007 is amended in accordance with the Annex to this Regulation.

Article 2

This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Union.

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

Done at Brussels, 26 May 2009.

For the Commission

Mariann Fischer Boel

Member of the Commission

[1] OJ L 34, 9.2.1979. p. 2.

[2] OJ L 256, 7.9.1987, p. 1.

[3] OJ L 299, 16.11.2007, p. 1.

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ANNEX

Annex I to Regulation (EC) No 1234/2007 is amended as follows:

(1) Part I (cereals) is amended as follows:

(a) The CN codes 17023091 and 17023099 and the corresponding descriptions are replaced by the following:

"ex17023050 | – – Other: |

– – – In the form of white crystalline powder, whether or not agglomerated, containing in the dry state less than 99 % by weight of glucose |

ex17023090 | – – – Other, containing in the dry state less than 99 % by weight of glucose" |

(b) The description in column 2 for CN codes 23091011 to 23091053 is replaced by the following:

"– – Containing starch, glucose, glucose syrup, maltodextrine or maltodextrine syrup of subheadings 17023050, 17023090, 17024090, 17029050 and 21069055 or milk products";

(c) The description in column 2 for CN codes ex230990 to 23099053 is replaced by the following:

"Other:

– Products referred to in additional note 5 to chapter 23 of the Combined Nomenclature

– Other, including premixes:

– – Containing starch, glucose, glucose syrup, maltodextrine or maltodextrine syrup of subheadings 17023050, 17023090, 17024090, 17029050 and 21069055 or milk products:".

(2) Part III (sugar) is amended as follows:

(a) In column 1, "17026095 and 17029099" are replaced by "17026095 and 17029095";

(b) The CN code "17029060" and the corresponding product description is deleted;

(3) Part X (processed fruit and vegetable products) is amended as follows:

(a) In the product description for CN code ex2001 under the sixth indent the CN code "ex20019099" is replaced by the CN code "ex20019097"

(b) In the product description for CN code ex2007 under the second indent the CN code "ex20079957" is replaced by CN code "ex20079950" and the CN code "ex20079998" is replaced by the CN code "ex20079997";

(4) In Part XI (bananas), column 1, the CN code "ex20079957" is replaced by the CN code "ex20079950" and the CN code "ex20079998" is replaced by the CN code "ex20079997";

(5) Part XV (beef and veal), column 1, point (b), is amended as follows:

(a) The CN codes "02061091" and "02061099" are replaced by the CN code "02061098";

(b) The CN codes "16025031 to 16025080" are replaced by the CN codes "16025031 and 16025095";

(6) In Part XX (poultry meat), column 1, point (f), the CN codes "16022011" and "16022019" are replaced by the CN code "16022010";

(7) Part XXI (other products) is amended as follows:

(a) The CN codes "ex020649" and "ex02064920" and their corresponding product description are replaced by the following

"ex02064900 | – – Other: |

– – – Of domestic swine: |

– – – – For the manufacture of pharmaceutical products (c)" |

(b) The CN code "02064980" is deleted;

(c) The CN code "16029041" and the corresponding product description is deleted;

(d) In Column 1, the CN code "16029098" is replaced by the CN code "16029099".

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