Commission Regulation (EC) No 3330/94 of 21 December 1994 on the tariff classification of certain poultry cuts and amending Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff
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Address https://gelex.eu/eli/EU/regulation/1994/3330@1994-12-21/en
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 2777/75 of 29 October 1975 on the common organization of the market in poultrymeat, as last amended by Regulation (EEC) No 1574/93, and in particular Articles 3 and 5 (3) thereof,
Whereas it has been found that classification of certain poultry cuts presents problems resulting from the absence of precise definitions in the tariff and statistical nomenclature set up by Council Regulation (EEC) No 2658/87 as last amended by Commission Regulation (EEC) No 3115/94; whereas these definitions should be laid down in order to assure uniform application of levies in the poultrymeat sector;
Whereas in application of Article 11 (1) of Regulation (EEC) No 2777/75 the tariff nomenclature applicable as a result of that Regulation is set out in the Combined Nomenclature; whereas it should therefore be amended;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Poultrymeat and Eggs,
HAS ADOPTED THIS REGULATION:
Article 1
For the purposes of applying levies in the poultrymeat sector, the following expressions shall have the meanings hereunder assigned to them:
1. Halves, for the purposes of subheadings 02073913, 02073933, 02073957, 02073961, 02073963, 02074111, 02074211, 02074321, 02074323 and 02074325: halves of poultry carcases, obtained by a longitudinal cut in a plane along the sternum and the backbone;
2. Quarters, for the purposes of subheadings 02073913, 02073933, 02073957, 02073961, 02073963, 02074111, 02074321, 02074323 and 02074325: leg quarters, or breast quarters, obtained by a transversal out of a half;
3. Whole wings, with or without tips, for the purposes of subheadings 02073915, 02073935, 02073965, 02074121, 02074221, 02074331: poultry cuts consisting of the humerus, radius and ulna, together with the surrounding musculature. The tip, including the carpal bones, may or may not have been removed. The cuts shall be made at the joints;
4. Breasts, for the purposes of subheadings 02073921, 02073941, 02073971, 02073973, 02074141, 02074241, 02074351 and 02074353:: poultry cuts consisting of the sternum and the ribs, distributed on both sides of it, together with the surrounding musculature;
5. Legs, for the purposes of subheadings 02073923, 02073975, 02073977, 02074151, 02074361 and 02074363: poultry cuts consisting of the femur, tibia and fibula together with the surrounding musculature. The two cuts shall be made at the joints;
6. Turkey drumsticks, for the purposes of subheadings 02073943, 02074251: turkey cuts consisting of the tibia and fibula together with the surrounding musculature. The two cuts shall be made at the joints;
7. Other turkey legs, for the purposes of subheadings 02073945 and 02074259: turkey cuts consisting of the femur together with the surrounding musculature or of the femur, tibia and fibula together with the surrounding musculature. The two cuts shall be made at the joints.
Article 2
Chapter 2 of Annex I to Regulation (EEC) No 2658/87 is hereby amended as follows:
1.4. Additional note 4 shall be replaced by the following: The following expressions shall have the meanings hereunder assigned to them:
(a) Poultry cuts, with bone in, for the purposes of subheadings 02073913 to 02073923, 02073933 to 02073945, 02073957 to 02073977, 02074111 to 02074151, 02074211 to 02074259 and 02074321 to 02074363: the cuts specified therein, including all bones. Poultry cuts as referred in (a) which have been partly boned shall fall within subheading 02073925, 02073947, 02073983, 02074171 or 02074381.
(b) Halves, for the purposes of subheadings 02073913, 02073933, 02073957, 02073961, 02073963, 02074111, 02074211, 02074321, 02074323 and 02074325: halves of poultry carcases, obtained by a longitudinal cut in a plane along the sternum and the backbone;
(c) Quarters, for the purposes of subheadings 02073913, 02073933, 02073957, 02073961, 02073963, 02074111, 02074211, 02074321, 02074323 and 02074325: leg quarters, or breast quarters, obtained by a transversal cut of a half;
(d) Whole wings, with or without tips, for the purposes of subheadings 02073915, 02073935, 02073965, 02074121, 02074221, 02074331: poultry cuts consisting of the humerus, radius and ulna, together with the surrounding musculature. The tip, including the carpal bones, may or may not have been removed. The cuts shall be made at the joints;
(e) Breasts, for the purposes of subheadings 02073921, 02073941, 02073971, 02073973, 02074141, 02074241, 02074351 and 02074353: poultry cuts consisting of the sternum and the ribs, distributed on both sides of it, together with the surrounding musculature;
(f) Legs, for the purposes of subheadings 02073923, 02073975, 02073977, 02074151, 02074361 and 02074363: poultry cuts consisting of the femur, tibia and fibula together with the surrounding musculature. The two cuts shall be made at the joints;
(g) Turkey drumsticks, for the purposes of subheadings 02073943 and 02074251: turkey cuts consisting of the tibia and fibula together with the surrounding musculature. The two cuts shall be made at the joints;
(h) Other turkey legs, for the purposes of subheadings 02073945 and 02074259: turkey cuts consisting of the femur together with the surrounding musculature or of the femur, tibia and fibula together with the surrounding musculature. The two cuts shall be made at the joints.
(i) Goose or duck paletots, for the purposes of subheadings 02073981 and 02074371: geese or ducks plucked and completely drawn, without heads or feet, with carcase bones (breastbone, ribs, backbone and sacrum) removed but with the femurs, tibias and humeri.
2. Additional note 7 shall be deleted. Additional note 8 shall become additional note 7.
Article 3
This Regulation shall enter into force on 1 january 1995.
This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 21 December 1994. For the Commission René Steichen Member of the Commission