HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"L 210/4
EN
Official Journal of the European Union
7.8.2012
COMMISSION IMPLEMENTING REGULATION (EU) No 715/2012
of 30 July 2012
amending Regulation (EU) No 42/2010 concerning the classification of certain goods in the
Combined Nomenclature
THE EUROPEAN COMMISSION,
preparations intended to be used as food supplements
may therefore be classified under other headings of the
Having regard to the Treaty on the Functioning of the European
CN where the description of those headings is more
Union,
specific.
Having regard to Council Regulation (EEC) No 2658/87 of
(3) As
a
consequence,
the
presentation
and
use
of
an
edible
23 July 1987 on the tariff and statistical nomenclature and
product as a food supplement cannot be the reason for
on the Common Customs Tariff
( 1 ), and in particular
the exclusion from Chapter 19 of the CN. It is therefore
Article 9(1)(a) thereof,
necessary to state that the reason why the product does
not meet the requirements of Note 2(b)(2) of Chapter 19
Whereas:
of the CN lies solely in its composition.
(1)
According to the second paragraph of column (3) of the
(4)
The reasons set out in the second paragraph of column
table set out in the Annex to Commission Regulation
(3) of the Annex to Regulation (EU) No 42/2010 should
(EU) No 42/2010 ( 2 ) the edible product in tablet form
therefore be amended accordingly. However, for reasons
described in column (1) of that table does not meet the
of clarity the whole Annex to Regulation (EU) No
requirements of Note 2(b)(2) to Chapter 19 of the
42/2010 should be replaced.
Combined Nomenclature (CN) because of its
composition, presentation and use as a food supplement.
Classification of the product under Chapter 19 is
(5) The
measures
provided
for
in
this
Regulation
are
in
therefore excluded.
accordance with the opinion of the Customs Code
Committee,
(2)
In the light of the judgment of the Court of Justice of the
European Union of 17 December 2009 in joined cases
HAS ADOPTED THIS REGULATION:
C-410/08 to C-412/08, Swiss Caps ( 3 ), and in particular
paragraph 33, classification of edible goods intended to
Article 1
be used as food supplements under heading 2106 of the
CN can be envisaged only if the food preparations in
The Annex to Regulation (EU) No 42/2010 is replaced by the
question are not specified or included elsewhere. Food
following:
‘ANNEX
Description of goods
Classification
(CN Code)
Reasons
(1) (2) (3)
Product consisting of (% by weight):
2106 90 98 Classification
is
determined
by
General
Rules
1
and
6 for the interpretation of the Combined Nomen
— barley grass, powdered
28,8
clature and the wording of CN codes 2106,
2106 90 and 2106 90 98.
— honey
27,5
Since the product does not meet the requirements
— wheatgrass, powdered
21,5
of Note 2(b)(2) to Chapter 19 because of its
composition, classification under Chapter 19 is
— alfalfa, powdered
21,5
excluded.
— stearic acid
0,4
The product does not meet the requirements of
Additional Note 1 to Chapter 30 as no statements
— pepper
0,25
on the use for specific diseases or the concentration
of active substances are given. It should therefore
— chromium picolinate
0,01
not be considered as herbal medicinal preparation
within the meaning of heading 3004.
(corresponds to 8,7 μg Cr per tablet)
( 1 ) OJ L 256, 7.9.1987, p. 1.
( 2 ) OJ L 12, 19.1.2010, p. 2.
( 3 ) [2010] ECR I - 11991.

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EN
7.8.2012 Official
Journal
of
the
European
Union L
210/5
(1) (2) (3)
The product is presented for retail sale, in tablet
The product is therefore considered to be covered
form and used as a food supplement (one tablet
by the terms of heading 2106 as a food preparation
twice a day).
not elsewhere specified or included and is used as
dietary supplement indicated to maintain general
health or well-being (see also HSEN to heading
2106, second paragraph, number (16)).’
Article 2
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, 30 July 2012.
For the Commission,
On behalf of the President,
Algirdas EMETA
Member of the Commission

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Document Outline

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