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8.1.2011 Official
Journal
of
the
European
Union
L
5/1
II
(Non-legislative acts)
REGULATIONS
COMMISSION REGULATION (EU) No 11/2011
of 7 January 2011
amending certain regulations on the classification of goods in the Combined Nomenclature
THE EUROPEAN COMMISSION,
order to avoid divergent tariff classification and to ensure
the uniform application of the Combined Nomenclature
within the European Union.
Having regard to the Treaty on the Functioning of the European
Union,
(4) Regulation
(EC)
No
1858/98
and
Regulation
(EEC)
No
3513/92 should therefore be amended accordingly.
Having regard to Council Regulation (EEC) No 2658/87 of
23 July 1987 on the tariff and statistical nomenclature and
(5)
In addition to the above corrections, it is necessary to
on the Common Customs Tariff
( 1 ), and in particular
amend Commission Regulation (EC) No 1179/2009 of
Article 9(1)(a) thereof,
26 November 2009 amending or repealing certain regu
lations on the classification of goods in the Combined
Nomenclature ( 5 ). In the tables set out in Annexes I, II
Whereas:
and III thereto, the regulations subject to an amendment

(respectively, in the form of a change of CN code, in the
form of the deletion of an item in the regulation, or in
the form of the repeal of the regulation) are listed. Item
(1) Shark-cartilage
powder,
presented
in
gelatine
capsules
(1) in the table set out in the said Annex I and item (3)
and used as a food supplement, was classified under
in the table set out in the said Annex III both refer to
heading 0305 pursuant to Commission Regulation (EC)
Commission Regulation (EEC) No 484/79 of 13 March
No 1858/98 of 27 August 1998 concerning the classifi
1979 ( 6 ); similarly, item (79) in the table set out in the
cation of certain goods in the Combined Nomen
said Annex I and item (31) in the table set out in the said
clature ( 2 ). Prepared oil (containing evening primrose
Annex II both refer to point 3 of the table set out in the
oil, milk-fat and vitamin E), presented in gelatine
Annex to Commission Regulation (EC) No 2696/95 of
capsules and used as a food supplement, was classified
21 November 1995 ( 7 ).
under heading 1517, in accordance with Commission
Regulation (EEC) No 3513/92 of 3 December 1992
concerning the classification of certain goods in the
(6)
For the purpose of rectifying the situation, Annex I to
Combined Nomenclature ( 3 ).
Commission Regulation (EC) No 1179/2009 should be
amended, by the deletion of items (1) and (79) therein.
(2) In
joined
Cases
C-410/08
to
C-412/08 Swiss Caps AG v
Hauptzollamt Singen (
(7) The
measures
provided
for
in
this
Regulation
are
in

4 ), the Court of Justice of the
European Union ruled that products presented in
accordance with the opinion of the Customs Code
capsules and intended for use as a food supplement
Committee,
should be classified under heading 2106, as food prep
arations not elsewhere specified or included.
HAS ADOPTED THIS REGULATION:
(3) As
a
consequence,
it
is
appropriate
to
adapt
Regulation
Article 1
(EC) No 1858/98 and Regulation (EEC) No 3513/92, in
Point (2) in the table set out in the Annex to Regulation (EC)
No 1858/98 is deleted.
( 1 ) OJ L 256, 7.9.1987, p. 1.
( 2 ) OJ L 241, 29.8.1998, p. 17.
( 3 ) OJ L 355, 5.12.1992, p. 12.
( 5 ) OJ L 317, 3.12.2009, p. 1.
( 4 ) Judgment of 17 December 2009, not yet published in the ECR,
( 6 ) OJ L 64, 14.3.1979, p. 47.
paragraphs 29 and 32.
( 7 ) OJ L 280, 23.11.1995, p. 17.

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L 5/2
EN
Official Journal of the European Union
8.1.2011
Article 2
Point (1) in the table set out in the Annex to Regulation (EEC) No 3513/92 is deleted.
Article 3
In the table set out in Annex I to Commission Regulation (EC) No 1179/2009, items (1) and (79) are
deleted.
Article 4
This Regulation shall enter into force on the twentieth day following that of 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, 7 January 2011.
For the Commission,
On behalf of the President,
Algirdas EMETA
Member of the Commission

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