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COMMISSION DECISION of 17 April 2007 concerning lists of composite products to be subject to controls at border control posts (notified under document number C(2007) 1547) (Text with EEA relevance) (2007/275/EC)

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[F1COMMISSION DECISION

of 17 April 2007

concerning lists of composite products to be subject to controls at border control posts]

(notified under document number C(2007) 1547)

(Text with EEA relevance)

(2007/275/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Directive 91/496/EEC of 15 July 1991 laying down the principles governing the organisation of veterinary checks on animals entering the Community from third countries and amending Directives 89/662/EEC, 90/425/EEC and 90/675/EEC(1), and in particular Article 4(5) thereof,

Having regard to Council Directive 97/78/EC of 18 December 1997 laying down the principles governing the organisation of veterinary checks on products entering the Community from third countries(2), and in particular Article 3(5) thereof,

Having regard to Council Directive 2002/99/EC of 16 December 2002 laying down the animal health rules governing the production, processing, distribution and introduction of products of animal origin for human consumption(3), and in particular Article 8(5) thereof,

Whereas:

(1) Directive 91/496/EEC provides for veterinary checks in respect of animals from third countries entering the Community to be carried out by the Member States in accordance with that Directive.

(2) Directive 97/78/EC provides for veterinary checks on certain products of animal origin and certain plant products introduced into the Community from third countries.

(3) Commission Decision 2002/349/EC of 26 April 2002 laying down the list of products to be examined at border inspection posts under Council Directive 97/78/EC(4) provides that the products of animal origin listed in that Decision are to be subject to veterinary checks at border inspection posts in accordance with Directive 97/78/EC.

(4) As veterinary checks at border inspections posts are carried out in close cooperation with customs officials, it is appropriate to use a list of products that refer to the Combined Nomenclature (CN) provided for in Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff(5) as a first basis for selection of consignments. The lists of products in Decision 2002/349/EC should therefore be replaced by the list in Annex I to this Decision.

(5) In the interests of rationality of Community legislation, it is appropriate that the list in Annex I to this Decision also covers animals entering the Community from third countries.

(6) In order to facilitate controls by the competent authorities at border inspection posts, the list in Annex I to this Decision should provide as precise a description as possible of the animals and products to be subjected to veterinary checks under Directive 97/78/EC. In addition, for certain CN codes, this Decision only provides for a small part of the products falling under the relevant Chapter or heading to be subjected to veterinary checks. In such cases, Column 3 of Annex I to this Decision, should refer to the applicable CN code and give details of the products which should be subject to those veterinary checks.

(7) Decision 2002/349/EC provides that composite food products containing only a limited percentage of products of animal origin are to continue to be subject to national rules.

(8) However, in order to avoid differences in interpretation between Member States, leading to distortions in trade and to potential animal health risks, rules should now be laid down at Community level concerning the composite products that may be exempted from veterinary checks under Directive 97/78/EC.

(9) Regulation (EC) No 853/2004 of the European Parliament and of the Council of 29 April 2004 laying down specific hygiene rules for food of animal origin(6) contains definitions of certain products. In the interests of consistency of Community legislation, it is appropriate to have regard to those definitions in this Decision.

(10) There are differences in the animal health risk associated with imports of different types of animal products into the Community. Accordingly, this Decision should provide that all composite products containing meat products should be subject to veterinary checks, while different criteria should be applied to composite products containing other animal products based upon the need to have harmonised rules at Community level.

(11) Certain composite products receive treatment during manufacture which reduces the potential animal health risk present in such products. The appearance, shelf stability, and physical characteristics should therefore be used as recognisable distinguishing features for competent authorities that have to make a decision on the necessity of subjecting composite products to veterinary checks.

(12) In the interests of consistency of veterinary checks at border inspection posts on composite products being introduced into the Community, it is appropriate to establish also a list of certain foodstuffs and composite products that may be exempted from the veterinary checks provided for in Directive 97/78/EC.

(13) In the interests of coherence of Community legislation, it is appropriate to repeal Decision 2002/349/EC and replace it by this Decision.

(14) The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,

HAS ADOPTED THIS DECISION:

[F1Article 1 U.K. Subject matter

This Decision lays down rules regarding the composite products to be subjected to official controls at border control posts upon entry into the Union.]

Article 2U.K.Definitions

For the purposes of this Decision, the following definitions shall apply:

(a)

composite product: a foodstuff intended for human consumption that contains both processed products of animal origin and products of plant origin and includes those where the processing of primary product is an integral part of the production of the final product;

(b)

meat products: products as defined in point 7.1 of Annex I to Regulation (EC) No 853/2004;

(c)

processed products: the processed products listed under point 7 of Annex 1 to Regulation (EC) No 853/2004;

(d)

dairy products: products as defined in point 7.2 of Annex I to Regulation (EC) No 853/2004.

[F1Article 3 U.K. Official controls of composite products listed in Annex I

1. The composite products listed in Annex I to this Decision shall be subjected to official controls at border control posts in accordance with Regulation (EU) 2017/625 of the European Parliament and of the Council (7) .

2. Initial selection of composite products for official controls made on the basis of the Combined Nomenclature in Column (1) of Annex I shall be qualified by reference to the specific text or legislation cited in Column (3) of Annex I.]

Article 4U.K. [F1Composite products subject to official controls]

[F1The following composite products shall be subject to official controls:]

(a)

Composite products containing processed meat product.

(b)

Composite products containing half or more of their substance of any one processed product of animal origin other than processed meat product.

(c)

Composite products containing no processed meat product and less than half of their substance of processed milk product where the final products do not meet the requirements of Article 6.

F2Article 5U.K. [F2Certification to accompany composite products subject to veterinary checks]

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F1Article 6 U.K. Derogation for certain composite products

1. By way of derogation from Article 3, the following composite products, not containing any meat products, shall not be subject to official controls:

(a) composite products containing less than half of their substance of any other processed product provided such products are:

(i)

shelf-stable at ambient temperature or have clearly undergone in their manufacture a complete cooking or heat treatment process throughout their substance, so that any raw product is denatured;

(ii)

clearly identified as intended for human consumption;

(iii)

securely packaged or sealed in clean containers;

(iv)

accompanied by a commercial document and labelled in an official language of a Member State, so that that document and labelling together give information on the nature, quantity and number of packages of the composite products, the country of origin, the manufacturer, and the ingredient;

(b) composite products listed in Annex II.

2. However, any milk product included in any composite products shall only be derived from countries listed in Annex I to Commission Regulation (EU) No 605/2010 (8) , and treated as indicated in that Annex.]

Article 7U.K.Repeal

Decision 2002/349/EC is repealed.

Article 8U.K.Applicability

This Decision shall apply from one month after the date of publication in the Official Journal of the European Union.

Article 9U.K.Addresses

This Decision is addressed to the Member States.

[F3ANNEX I U.K. [F1LIST OF COMPOSITE PRODUCTS SUBJECT TO OFFICIAL CONTROLS AS REFERRED TO IN ARTICLE 3] [F1This list sets out composite products according to the goods nomenclature in use in the Union to determine the selection of consignments that must be submitted to official controls at a border control post.]

Notes to the table: U.K.

[F41. General remarks] U.K.

[ F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

2. Note to Chapter U.K.

These chapter notes are explanations, where necessary extracted, from the Notes to the individual Chapters of the Combined Nomenclature (CN) as laid down in Annex I to Regulation (EEC) No 2658/87.

3. Extract from the Harmonised System Explanatory Notes U.K.

Additional information on the different Chapters has been extracted, where necessary, from the Harmonised System Explanatory Notes of the World Customs Organisation from 2007.

4. Column (1) — CN code U.K.

This column indicates the CN code. The CN, established by Regulation (EEC) No 2658/87, is based on the international Harmonised Commodity Description and Coding System (HS) drawn up by the Customs Cooperation Council, now the World Customs Organisation (WCO), adopted by the International Convention, concluded in Brussels on 14 June 1983 and approved on behalf of the European Economic Community by Council Decision 87/369/EEC (9) (the HS Convention). The CN reproduces the headings and subheadings of the HS to six digits, with only the seventh and eighth figures creating further subheadings which are specific to it.

[F1Where a four digit code is used: unless otherwise specified, all products prefixed with or covered by these four digits must be submitted to official controls at a border control post. In most of these cases, the relevant CN codes included in the Traces system referred to in Article 133(4) of Regulation (EU) 2017/625 are broken down to the six or eight digit code.]

Where only certain specified products under any four, six or eight digit code are required to be submitted to veterinary checks and no specific subdivision under this code exists in the CN, the code is marked Ex (for example, Ex3002 : veterinary checks required only for animal derived material, including hay and straw, and not for the entire heading, subheading or CN code). The relevant codes are also included in the Traces system.

5. Column (2) — Description U.K.

The description of the goods is as laid down in the description column of the CN in Annex I to Regulation (EEC) No 2658/87. For further explanation of the exact coverage of the Common Customs Tariff, please refer to the latest amendment to that Annex.

[F16. Column (3) — Qualification and explanation U.K.

This column gives details of the products covered. Further information on the composite products covered in the different Chapters of the CN can be found in the Explanatory Notes to the Combined Nomenclature of the European Union (10) .]

TABLE U.K.

Without prejudice to the rules for the interpretation of the CN, the wording for the description of goods in column 2 is considered to be of indicative value only, since the goods covered by this Decision are determined, within this Annex, by CN codes.

Where there is an Ex symbol in front of a CN code, the goods covered by this Decision are determined by the scope of the CN code and by that of the corresponding description in column (2) and the qualification and explanation in column (3).

F4 CHAPTER 1 U.K. Live animals

F4 Note to Chapter 1 U.K.

. . . . .

F4 Extract from the Harmonised System Explanatory Notes U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4 CHAPTER 2 U.K. Meat and edible meat offal

F4 Note to Chapter 2 U.K.

. . . . .

[ F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4 CHAPTER 3 U.K. Fish and crustaceans, molluscs and other aquatic invertebrates

F4 General remarks U.K.

. . . . .

F4 Notes to Chapter 3 (extract from the Notes to this Chapter of the Combined Nomenclature (CN) as laid down in Annex I to Regulation (EEC) No 2658/87) U.K.

. . . . .

F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4 CHAPTER 4 U.K. Dairy produce; birds’ eggs; natural honey; edible products of animal origin, not elsewhere specified or included

F4 Notes to Chapter 4 U.K.
F41.. . . . .U.K.
F42.For the purposes of heading 0405:U.K.

. . . . .

F43.Products obtained by the concentration of whey and with the addition of milk or milkfat are to be classified as cheese in heading 0406 provided that they have the three following characteristics:U.K.

. . . . .

F44.This chapter does not cover:U.K.

. . . . .

F4 Extract from the Harmonised System Explanatory Notes U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4 Extract from the Harmonised System Explanatory Notes U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4 Extract from the Harmonised System Explanatory Notes U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4 CHAPTER 5 U.K. Products of animal origin, not elsewhere specified or included

F4 General remarks U.K.

. . . . .

F4 Notes to Chapter 5 (extract from the Notes to this Chapter of the Combined Nomenclature (CN) as laid down in Annex I to Regulation (EEC) No 2658/87) U.K.
F41.This chapter does not cover:U.K.

. . . . .

F43.. . . . .U.K.
F44.. . . . .U.K.
F4 Extract from the Harmonised System Explanatory Notes U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4 CHAPTER 6 U.K. Live trees and other plants; bulbs, roots and the like; cut flowers and ornamental foliage

F4 General remarks U.K.

. . . . .

F4 Extract from the Harmonised System Explanatory Notes U.K.

. . . . .

F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4 CHAPTER 12 U.K. Oil seeds and oleaginous fruits; miscellaneous grains, seeds and fruit; industrial or medicinal plants; straw and fodder

F4 General remarks U.K.

. . . . .

F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

CHAPTER 15 U.K. Animal or vegetable fats and oils and their cleavage products; prepared edible fats; animal or vegetable waxes

General remarks U.K.

All animal derived fats and oils. Specific requirements for the following products are set out in Annex XIV to Regulation (EU) No 142/2011:

1.

rendered fats and fish oils in Row 3 of Table 1 of Section 1 of Chapter I;

2.

rendered fats from Category 2 materials for certain purposes outside the feed chain for farmed animals (for example oleo chemical purposes) in Row 17 of Table 2 of Section 1 of Chapter II;

3.

fat derivatives in Row 18 of Table 2 of Section 1 of Chapter II.

Fat derivatives include first stage products derived from fats and oils when in their pure state produced by a method set out in point 1 of Chapter XI of Annex XIII to Regulation (EU) No 142/2011.

Derivatives mixed with other materials are subjected to veterinary checks.

Notes to Chapter 15 (extract from the Notes to this Chapter of the Combined Nomenclature (CN) as laid down in Annex I to Regulation (EEC) No 2658/87) U.K.
1. This chapter does not cover: U.K.
(a)

pig fat or poultry fat on heading 0209 ;

(b)

cocoa butter, fat and oil (heading 1804 );

(c)

edible preparations containing by weight more than 15 % of the products of heading 0405 (generally Chapter 21);

(d)

greaves (heading 2301 ) or residues of headings 2304 to 2306 ;

3. Heading 1518 does not cover fats or oils or their fractions, merely denatured, which are classified in the heading appropriate to the corresponding undenatured fats and oils and their fractions. U.K.
4. Soap stocks, oil foots and dregs, stearin pitch, glycerol pitch and wool grease residues fall in heading 1522 . U.K.
Extract from the Harmonised System Explanatory Notes U.K.

Heading 1516 covers animal and vegetable fats and oils, which have undergone a specific chemical transformation of a kind mentioned below, but have not been further prepared.

The heading also covers similarly treated fractions of animal or vegetable fats and oils.

Hydrogenation, which is affected by bringing the products into contact with pure hydrogen at a suitable temperature and pressure in the presence of a catalyst (usually finely divided nickel), raises the melting points of fats and increases the consistency of oils by transforming unsaturated glycerides into saturated glycerides of higher melting points.

[F5Heading 1518 covers inedible mixtures or preparations of animal or vegetable fats or oils or of fractions of different fats or oils of the Chapter, not elsewhere specified or included.

This part covers, inter alia, used deep-frying oil containing, for example, rape oil, soya-bean oil and a small quantity of animal fat, for use in the preparation of animal feeds.]

a

[F6Commission Implementing Regulation (EU) 2019/2007 of 18 November 2019 laying down rules for the application of Regulation (EU) 2017/625 of the European Parliament and of the Council as regards the lists of animals, products of animal origin, germinal products, animal by-products and derived products and hay and straw subject to official controls at border control posts and amending Decision 2007/275/EC ( OJ L 312, 29.11.2019, p. 1 ).]

CN code Description Qualification and explanation
(1) (2) (3)
1501 Pig fat (including lard) and poultry fat, other than that of heading 0209 or 1503 .

[F1Composite products only (see Articles 4 and 6 of this Decision).

For products other than composite products, see Annex I to Commission Implementing Regulation (EU) 2019/2007 a .]

1502 Fats of bovine animals, sheep or goats, other than those of heading 1503 .

[F1Composite products only (see Articles 4 and 6 of this Decision).

For products other than composite products, see Annex I to Commission Implementing Regulation (EU) 2019/2007 a .]

1503 00 Lard stearin, lard oil, oleostearin, oleo-oil and tallow oil, not emulsified or mixed or otherwise prepared.

[F1Composite products only (see Articles 4 and 6 of this Decision).

For products other than composite products, see Annex I to Commission Implementing Regulation (EU) 2019/2007 a .]

1504 Fats and oils and their fractions, of fish or marine mammals, whether or not refined, but not chemically modified.

[F1Composite products only (see Articles 4 and 6 of this Decision).

For products other than composite products, see Annex I to Commission Implementing Regulation (EU) 2019/2007 a .]

[F71505 00 Wool grease and fatty substances derived therefrom (including lanolin).

[F1Composite products only (see Articles 4 and 6 of this Decision).

For products other than composite products, see Annex I to Commission Implementing Regulation (EU) 2019/2007 a .] ]

1506 00 00 Other animal fats and oils and their fractions, whether or not refined, but not chemically modified.

[F1Composite products only (see Articles 4 and 6 of this Decision).

For products other than composite products, see Annex I to Commission Implementing Regulation (EU) 2019/2007 a .]

1516 10 Animal fats and oils and their fractions, partly or wholly hydrogenated, inter-esterified, re-esterified or elaidinised, whether or not refined, but not further prepared.

[F1Composite products only (see Articles 4 and 6 of this Decision).

For products other than composite products, see Annex I to Commission Implementing Regulation (EU) 2019/2007 a .]

Ex1517 Margarine, edible mixtures or preparations of animal or vegetable fats or oils or of fractions of different fats or oils of this chapter, other than edible fats or oils or their fractions of heading 1516 .

[F1Composite products only (see Articles 4 and 6 of this Decision).

For products other than composite products, see Annex I to Commission Implementing Regulation (EU) 2019/2007 a .]

Ex15180091 Animal or vegetable fats and oils and their fractions, boiled, oxidised, dehydrated, sulphurised, blown, polymerised by heat in vacuum or in inert gas or otherwise chemically modified, excluding those of heading 1516 .

[F1Composite products only (see Articles 4 and 6 of this Decision).

For products other than composite products, see Annex I to Commission Implementing Regulation (EU) 2019/2007 a .]

[F7Ex15180095 Inedible mixtures or preparations of animal or of animal and vegetable fats and oils and their fractions.

[F1Composite products only (see Articles 4 and 6 of this Decision).

For products other than composite products, see Annex I to Commission Implementing Regulation (EU) 2019/2007 a .]

Ex15180099 Other.

[F1Composite products only (see Articles 4 and 6 of this Decision).

For products other than composite products, see Annex I to Commission Implementing Regulation (EU) 2019/2007 a .] ]

1521 90 91 Raw beeswax and other insect waxes.

[F1Composite products only (see Articles 4 and 6 of this Decision).

For products other than composite products, see Annex I to Commission Implementing Regulation (EU) 2019/2007 a .]

1521 90 99 Beeswax and other insect waxes, whether or not refined or coloured, other than raw.

[F1Composite products only (see Articles 4 and 6 of this Decision).

For products other than composite products, see Annex I to Commission Implementing Regulation (EU) 2019/2007 a .]

Ex152200 Degras; residues resulting from the treatment of fatty substances or animal and vegetable waxes.

[F1Composite products only (see Articles 4 and 6 of this Decision).

For products other than composite products, see Annex I to Commission Implementing Regulation (EU) 2019/2007 a .]

CHAPTER 16 U.K. Preparations of meat, of fish or of crustaceans, molluscs or other aquatic invertebrates

General remarks U.K.

This chapter covers composite products containing processed animal products.

Notes to Chapter 16 U.K.
1. This chapter does not cover meat, meat offal, fish, crustaceans, molluscs or other aquatic invertebrates prepared or preserved by the process specified in Chapter 2 or 3 or heading 0504 . U.K.
2. Food preparations fall in this chapter provided that they contain more than 20 % by weight of sausage, meat, meat offal, blood, fish or crustaceans, molluscs or other aquatic invertebrates, or any combination thereof. In cases where the preparation contains two or more of the products mentioned above, it is classified in the heading of Chapter 16 corresponding to the component or components which predominate by weight. These provisions do not apply to the stuffed products of heading 1902 or to the preparations of heading 2103 or 2104 . U.K.

For preparations containing liver, the provisions of the second sentence shall not apply in determining the subheadings within heading 1601 or 1602 .

a

[F6Commission Implementing Regulation (EU) 2019/2007 of 18 November 2019 laying down rules for the application of Regulation (EU) 2017/625 of the European Parliament and of the Council as regards the lists of animals, products of animal origin, germinal products, animal by-products and derived products and hay and straw subject to official controls at border control posts and amending Decision 2007/275/EC ( OJ L 312, 29.11.2019, p. 1 ).]

CN code Description Qualification and explanation
(1) (2) (3)
1601 00 Sausages and similar products, of meat, meat offal or blood; food preparations based on these products.

[F1Composite products only (see Articles 4 and 6 of this Decision).

For products other than composite products, see Annex I to Commission Implementing Regulation (EU) 2019/2007 a .]

1602 Other prepared or preserved meat, meat offal or blood.

[F1Composite products only (see Articles 4 and 6 of this Decision).

For products other than composite products, see Annex I to Commission Implementing Regulation (EU) 2019/2007 a .]

[F71603 00 Extracts and juices of meat, fish or crustaceans, molluscs or other aquatic invertebrates.

[F1Composite products only (see Articles 4 and 6 of this Decision).

For products other than composite products, see Annex I to Commission Implementing Regulation (EU) 2019/2007 a .]

Ex1604 Prepared or preserved fish; caviar and caviar substitutes prepared from fish eggs:

[F1Composite products only (see Articles 4 and 6 of this Decision).

For products other than composite products, see Annex I to Commission Implementing Regulation (EU) 2019/2007 a .]

Ex1605 Crustaceans, molluscs and other aquatic invertebrates, prepared or preserved:

[F1Composite products only (see Articles 4 and 6 of this Decision).

For products other than composite products, see Annex I to Commission Implementing Regulation (EU) 2019/2007 a .] ]

CHAPTER 17 U.K. Sugars and sugar confectionery

Notes to Chapter 17 (extract from the Notes to this Chapter of the Combined Nomenclature (CN) as laid down in Annex I to Regulation (EEC) No 2658/87) U.K.
1. This chapter does not cover: U.K.

(b)

chemically pure sugars (other than sucrose, lactose, maltose, glucose and fructose) or other products of heading 2940 ;

a

[F6Commission Implementing Regulation (EU) 2019/2007 of 18 November 2019 laying down rules for the application of Regulation (EU) 2017/625 of the European Parliament and of the Council as regards the lists of animals, products of animal origin, germinal products, animal by-products and derived products and hay and straw subject to official controls at border control posts and amending Decision 2007/275/EC ( OJ L 312, 29.11.2019, p. 1 ).]

CN code Description Qualification and explanation
(1) (2) (3)
[F7Ex1702 Other sugars, including chemically pure lactose, maltose, glucose and fructose, in solid form; sugar syrups not containing added flavouring or colouring matter; artificial honey, whether or not mixed with natural honey.

[F1Composite products only (see Articles 4 and 6 of this Decision).

For products other than composite products, see Annex I to Commission Implementing Regulation (EU) 2019/2007 a .] ]

[F5CHAPTER 18 U.K. Cocoa and cocoa preparations

General remarks U.K.

This chapter covers animal products and composite products containing processed animal products.

Notes to Chapter 18 (extract from the Notes to this Chapter of the Combined Nomenclature (CN) as laid down in Annex I to Regulation (EEC) No 2658/87) U.K.

This chapter does not cover the preparations of heading 0403 , 1901 , 1904 , 1905 , 2105 , 2202 , 2208 , 3003 or 3004 .

a

[F6Commission Implementing Regulation (EU) 2019/2007 of 18 November 2019 laying down rules for the application of Regulation (EU) 2017/625 of the European Parliament and of the Council as regards the lists of animals, products of animal origin, germinal products, animal by-products and derived products and hay and straw subject to official controls at border control posts and amending Decision 2007/275/EC ( OJ L 312, 29.11.2019, p. 1 ).] ]

CN code Description Qualification and explanation
(1) (2) (3)
Ex1806 Chocolate and other food preparations containing cocoa.

[F1Composite products only (see Articles 4 and 6 of this Decision).

For products other than composite products, see Annex I to Commission Implementing Regulation (EU) 2019/2007 a .]

CHAPTER 19 U.K. Preparations of cereals, flour, starch or milk; pastry cooks’ products

General remarks U.K.

This chapter covers composite products containing processed animal products and food preparations containing unprocessed animal products.

Heading 1902 [pasta, whether or not cooked or stuffed (with meat or other substances) or otherwise prepared, such as spaghetti, macaroni, noodles, lasagne, gnocchi, ravioli, cannelloni; couscous, whether or not prepared] covers only animal products contained in products of subheadings 1902 11 , 1902 20 , 1902 30 and 1902 40 .

Heading 1902 covers cooked or pre-cooked culinary preparations containing animal products as set out for composite products in Articles 4 to 6 of Decision 2007/275/EC.

Notes to Chapter 19 (extract from the Notes to this Chapter of the Combined Nomenclature (CN) as laid down in Annex I to Regulation (EEC) No 2658/87) U.K.
1. This chapter does not cover: U.K.
(a)

except in the case of stuffed products of heading 1902 , food preparations containing more than 20 % by weight of sausage, meat, meat offal, blood, fish, or crustaceans, molluscs or other aquatic invertebrates, or any combination thereof (Chapter 16);

a

[F5Commission Implementing Regulation (EU) No 443/2013 of 7 May 2013 concerning the classification of certain goods in the Combined Nomenclature ( OJ L 130, 15.5.2013, p. 17 ).

b

[F6Commission Implementing Regulation (EU) 2019/2007 of 18 November 2019 laying down rules for the application of Regulation (EU) 2017/625 of the European Parliament and of the Council as regards the lists of animals, products of animal origin, germinal products, animal by-products and derived products and hay and straw subject to official controls at border control posts and amending Decision 2007/275/EC ( OJ L 312, 29.11.2019, p. 1 ).] ]

CN code Description Qualification and explanation
(1) (2) (3)
[F7Ex1901 Malt extract; food preparations of flour, groats, meal, starch or malt extract, not containing cocoa or containing less that 40 % by weight of cocoa calculated on a totally defatted basis, not elsewhere specified or included; food preparations of goods of headings  0401 to 0404 , not containing cocoa or containing less than 5 % by weight of cocoa calculated on a totally defatted basis, not elsewhere specified or included.

[F1Composite products only (see Articles 4 and 6 of this Decision).

For products other than composite products, see Annex I to Commission Implementing Regulation (EU) 2019/2007 b .] ]

1902 11 00 Uncooked pasta, not stuffed or otherwise prepared, containing eggs.

[F1Composite products only (see Articles 4 and 6 of this Decision).

For products other than composite products, see Annex I to Commission Implementing Regulation (EU) 2019/2007 b .]

1902 20 10 Stuffed pasta, whether or not cooked or otherwise prepared containing more than 20 % by weight of fish, crustaceans, molluscs or other aquatic invertebrates.

[F1Composite products only (see Articles 4 and 6 of this Decision).

For products other than composite products, see Annex I to Commission Implementing Regulation (EU) 2019/2007 b .]

1902 20 30 Stuffed pasta, whether or not cooked or otherwise prepared containing more than 20 % by weight of sausages and the like, of meat and meat offal of any kind, including fats of any kind or origin.

[F1Composite products only (see Articles 4 and 6 of this Decision).

For products other than composite products, see Annex I to Commission Implementing Regulation (EU) 2019/2007 b .]

Ex19022091 Cooked stuffed pasta.

[F1Composite products only (see Articles 4 and 6 of this Decision).

For products other than composite products, see Annex I to Commission Implementing Regulation (EU) 2019/2007 b .]

Ex19022099 Other [other stuffed pasta, not cooked].

[F1Composite products only (see Articles 4 and 6 of this Decision).

For products other than composite products, see Annex I to Commission Implementing Regulation (EU) 2019/2007 b .]

Ex190230 Other pasta than pasta of subheadings 1902 11 , 1902 19 and 1902 20 .

[F1Composite products only (see Articles 4 and 6 of this Decision).

For products other than composite products, see Annex I to Commission Implementing Regulation (EU) 2019/2007 b .]

Ex190240 Couscous.

[F1Composite products only (see Articles 4 and 6 of this Decision).

For products other than composite products, see Annex I to Commission Implementing Regulation (EU) 2019/2007 b .]

[F5Ex19041010 Prepared food obtained by the swelling or roasting of maize.

[F1Composite products only (see Articles 4 and 6 of this Decision).

For products other than composite products, see Annex I to Commission Implementing Regulation (EU) 2019/2007 b .] ]

Ex19049010 Prepared food obtained from rice.

[F1Composite products only (see Articles 4 and 6 of this Decision).

For products other than composite products, see Annex I to Commission Implementing Regulation (EU) 2019/2007 b .]

[F7Ex1905 Patisseries.

[F1Composite products only (see Articles 4 and 6 of this Decision).

For products other than composite products, see Annex I to Commission Implementing Regulation (EU) 2019/2007 b .] ]

CHAPTER 20 U.K. Preparations of vegetables, fruit, nuts, or other parts of plants

General remarks U.K.

This chapter covers composite products containing processed animal products and food preparations containing unprocessed animal products.

Notes to Chapter 20 (extract from the Notes to this Chapter of the Combined Nomenclature (CN) as laid down in Annex I to Regulation (EEC) No 2658/87) U.K.
1. This chapter does not cover: U.K.

(b)

food preparations containing more than 20 % by weight of sausage, meat, meat offal, blood, fish or crustaceans, molluscs or other aquatic invertebrates, or any combination thereof (Chapter 16).

a

[F6Commission Implementing Regulation (EU) 2019/2007 of 18 November 2019 laying down rules for the application of Regulation (EU) 2017/625 of the European Parliament and of the Council as regards the lists of animals, products of animal origin, germinal products, animal by-products and derived products and hay and straw subject to official controls at border control posts and amending Decision 2007/275/EC ( OJ L 312, 29.11.2019, p. 1 ).]

CN code Description Qualification and explanation
(1) (2) (3)
Ex2004 Other vegetables prepared or preserved otherwise than by vinegar or acetic acid, frozen, other than products of heading 2006 .

[F1Composite products only (see Articles 4 and 6 of this Decision).

For products other than composite products, see Annex I to Commission Implementing Regulation (EU) 2019/2007 a .]

Ex2005 Other vegetables prepared or preserved otherwise than by vinegar or acetic acid, not frozen, other than products of heading 2006 .

[F1Composite products only (see Articles 4 and 6 of this Decision).

For products other than composite products, see Annex I to Commission Implementing Regulation (EU) 2019/2007 a .]

CHAPTER 21 U.K. Miscellaneous edible preparations

General remarks U.K.

This chapter covers composite products containing processed animal products as set out for composite products in Articles 4 to 6 of Decision 2007/275/EC and food preparations containing unprocessed animal products.

Notes to Chapter 21 (extract from the Notes to this Chapter of the Combined Nomenclature (CN) as laid down in Annex I to Regulation (EEC) No 2658/87) U.K.
1. This chapter does not cover: U.K.

(e)

food preparations, other than products described in 2103 or 2104 , containing more than 20 % by weight of sausage, meat, meat offal, blood, fish or crustaceans, molluscs or other aquatic invertebrates, or any other combinations thereof (Chapter 16).

3. For the purposes of heading 2104 , the expression homogenised composite food preparations means preparations consisting of a finely homogenised mixture of two or more basic ingredients such as meat, fish, vegetables, fruits or nuts, put up for retail sale as infant food or for dietetic purposes, in containers of a net weight content not exceeding 250 g. For the application of this definition, no account is to be taken of small quantities of any ingredients which may be added to the mixture for seasoning, preservation or other purposes. Such preparations may contain a small quantity of visible pieces of ingredients. U.K.
[F5Additional notes U.K.

….

5. Other food preparations presented in measured doses, such as capsules, tablets, pastilles and pills, and which are intended for use as food supplements are to be classified under heading 2106 , unless elsewhere specified or included.] U.K.
a

[F6Commission Implementing Regulation (EU) 2019/2007 of 18 November 2019 laying down rules for the application of Regulation (EU) 2017/625 of the European Parliament and of the Council as regards the lists of animals, products of animal origin, germinal products, animal by-products and derived products and hay and straw subject to official controls at border control posts and amending Decision 2007/275/EC ( OJ L 312, 29.11.2019, p. 1 ).]

CN code Description Qualification and explanation
(1) (2) (3)
Ex21039090 Sauces and preparations therefore; mixed condiments and mixed seasonings; mustard flour and meal and prepared mustard. — Other

[F1Composite products only (see Articles 4 and 6 of this Decision).

For products other than composite products, see Annex I to Commission Implementing Regulation (EU) 2019/2007 a .]

[F7Ex2104 Soups and broths and preparations therefore; homogenised composite food preparations.

[F1Composite products only (see Articles 4 and 6 of this Decision).

For products other than composite products, see Annex I to Commission Implementing Regulation (EU) 2019/2007 a .] ]

Ex210500 Ice cream and other edible ice, whether or not containing cocoa.

[F1Composite products only (see Articles 4 and 6 of this Decision).

For products other than composite products, see Annex I to Commission Implementing Regulation (EU) 2019/2007 a .]

Ex210610 Protein concentrates and textured protein substances.

[F1Composite products only (see Articles 4 and 6 of this Decision).

For products other than composite products, see Annex I to Commission Implementing Regulation (EU) 2019/2007 a .]

[F7Ex21069092 Other food preparations not elsewhere specified or included, containing no milk fats, sucrose, isoglucose, glucose or starch or containing, by weight, less than 1,5 % milkfat, 5 % sucrose or isoglucose, 5 % glucose or starch.

[F1Composite products only (see Articles 4 and 6 of this Decision).

For products other than composite products, see Annex I to Commission Implementing Regulation (EU) 2019/2007 a .]

Ex21069098 Other food preparations not elsewhere specified or included.

[F1Composite products only (see Articles 4 and 6 of this Decision).

For products other than composite products, see Annex I to Commission Implementing Regulation (EU) 2019/2007 a .] ]

CHAPTER 22 U.K. Beverages, Spirits and Vinegar

Notes to Chapter 22 (extract from the Notes to this Chapter of the Combined Nomenclature (CN) as laid down in Annex I to Regulation (EEC) No 2658/87) U.K.
3. For the purposes of heading 2202 , the term non-alcoholic beverages means beverages of an alcoholic strength by volume not exceeding 0,5 % vol. Alcoholic beverages are classified in headings 2203 to 2206 or heading 2208 as appropriate. U.K.
a

[F6Commission Implementing Regulation (EU) 2019/2007 of 18 November 2019 laying down rules for the application of Regulation (EU) 2017/625 of the European Parliament and of the Council as regards the lists of animals, products of animal origin, germinal products, animal by-products and derived products and hay and straw subject to official controls at border control posts and amending Decision 2007/275/EC ( OJ L 312, 29.11.2019, p. 1 ).]

CN code Description Qualification and explanation
(1) (2) (3)
[F7Ex22029091 Other non-alcoholic beverages, not including fruit or vegetable juices of heading 2009 and containing less than 0,2 % by weight of fat obtained from the products of heading 0401 to 0404 .

[F1Composite products only (see Articles 4 and 6 of this Decision).

For products other than composite products, see Annex I to Commission Implementing Regulation (EU) 2019/2007 a .]

Ex22029095 Other non-alcoholic beverages, not including fruit or vegetable juices of heading 2009 and containing 0,2 % or more but less than 2 % by weight of fat obtained from the products of heading 0401 to 0404 .

[F1Composite products only (see Articles 4 and 6 of this Decision).

For products other than composite products, see Annex I to Commission Implementing Regulation (EU) 2019/2007 a .]

Ex22029099 Other non-alcoholic beverages, not including fruit or vegetable juices of heading 2009 and containing 2 % or more by weight of fat obtained from the products of heading 0401 to 0404 .

[F1Composite products only (see Articles 4 and 6 of this Decision).

For products other than composite products, see Annex I to Commission Implementing Regulation (EU) 2019/2007 a .]

Ex220870 Liqueurs and cordials.

[F1Composite products only (see Articles 4 and 6 of this Decision).

For products other than composite products, see Annex I to Commission Implementing Regulation (EU) 2019/2007 a .] ]

F4 CHAPTER 23 U.K. Residues and waste from the food industries; prepared animal fodder

F4 Note to Chapter 23 U.K.

. . . . .

F4 Extract from the Harmonised System Explanatory Notes U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4 CHAPTER 28 U.K. Inorganic chemicals; organic or inorganic compounds of precious metals, of rare-earth metals, of radioactive elements or of isotopes

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4 CHAPTER 29 U.K. Organic chemicals

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4 CHAPTER 30 U.K. Pharmaceutical products

F4 General remarks U.K.

. . . . .

[ F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4 CHAPTER 31 U.K. Fertilisers

F4 Notes to Chapter 31 (extract from the Notes to this Chapter of the Combined Nomenclature (CN) as laid down in Annex I to Regulation (EEC) No 2658/87) U.K.

. . . . .

F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4 CHAPTER 32 U.K. Tanning or dyeing extracts; tannins and their derivatives; dyes, pigments and other colouring matter; paints and varnishes; putty and other mastics; inks

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4 CHAPTER 33 U.K. Essential oils and resinoids; perfumery, cosmetic or toilet preparations

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4 CHAPTER 35 U.K. Albuminoidal substances; modified starches; glues; enzymes

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4 CHAPTER 38 U.K. Miscellaneous chemical products

F4 Notes to Chapter 38 (extract from the Notes to this Chapter of the Combined Nomenclature (CN) as laid down in Annex I to Regulation (EEC) No 2658/87) U.K.

. . . . .

F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4 CHAPTER 39 U.K. Plastics and articles thereof

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4 CHAPTER 41 U.K. Raw hides and skins (other than furskins) and leather

F4 General remarks U.K.

. . . . .

F4 Notes to Chapter 41 (extract from the Notes to this Chapter of the Combined Nomenclature (CN) as laid down in Annex I to Regulation (EEC) No 2658/87) U.K.

. . . . .

F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4 CHAPTER 42 U.K. Articles of leather; saddlery and harness; travel goods, handbags and similar containers; articles of animal gut (other than silkworm gut)

F4 Notes to Chapter 42 (extract from the Notes to this Chapter of the Combined Nomenclature (CN) as laid down in Annex I to Regulation (EEC) No 2658/87) U.K.

. . . . .

F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

F4 CHAPTER 43 U.K. Furskins and artificial fur; manufactures thereof

F4 Notes to Chapter 43 (extract from the Notes to this Chapter of the Combined Nomenclature (CN) as laid down in Annex I to Regulation (EEC) No 2658/87) U.K.
F41.. . . . .U.K.
F42.This chapter does not cover:U.K.

. . . . .

F4 Extract from the Harmonised System Explanatory Notes U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4 CHAPTER 51 U.K. Wool, fine or coarse animal hair; horsehair yarn and woven fabric

F4 General remarks U.K.

. . . . .

F4 Note to Chapter 51 U.K.

. . . . .

F4 Extract from the Harmonised System Explanatory Notes U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4 CHAPTER 67 U.K. Prepared feathers and down and articles made of feathers or of down; artificial flowers; articles of human hair

F4 Extract from the Harmonised System Explanatory Notes U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4 CHAPTER 71 U.K. Natural or cultured pearls, precious or semi-precious stones, precious metals, metals clad with precious metal, and articles thereof; imitation jewellery; coin

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4 CHAPTER 95 U.K. Toys, games and sports requisites; parts and accessories thereof

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4 CHAPTER 96 U.K. Miscellaneous manufactured articles

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4 CHAPTER 97 U.K. Works of art, collectors’ pieces and antiques

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F1CHAPTER 99 U.K. Special combined nomenclature codes

Sub-chapter II Statistical codes for certain specific movements of goods U.K.
General remarks U.K.

This chapter covers composite products originating from third countries and delivered to vessels and aircraft within the European Union under customs transit procedure (T1).

CN code Description Qualification and explanation
(1) (2) (3)
ex 9930 24 00 Goods of CN Chapters 1 to 24 delivered to vessels and aircraft. Composite products destined for ship supply as provided for in point (c) of Article 77(1) of Regulation (EU) 2017/625.
ex 9930 99 00 Goods classified elsewhere delivered to vessels and aircraft. Composite products destined for ship supply as provided for in point (c) of Article 77(1) of Regulation (EU) 2017/625.] ]

[F7ANNEX II U.K. [F1List of composite products not subject to official controls as referred to in point (b) of Article 6(1)]

[F1This list sets out composite products according to the goods nomenclature in use in the Union that do not need to be submitted to official controls at a border control post.]

Notes relating to the table:

Column (1) — CN code U.K.

This column indicates the CN code. The CN, established by Regulation (EEC) No 2658/87, is based on the international Harmonised Commodity Description and Coding System (HS) drawn up by the Customs Cooperation Council, now the World Customs Organisation (WCO), adopted by the International Convention, concluded in Brussels on 14 June 1983 and approved on behalf of the European Economic Community by Decision 87/369/EEC ( the HS Convention ). The CN reproduces the headings and subheadings of the HS to six digits, with only the seventh and eighth figures creating further subheadings which are specific to it.

[F1Where a four digit code is used: unless otherwise specified, all composite products prefixed with or covered by these four digits are not required to be submitted to official controls at a border control post.]

Where only certain specified products under any four, six or eight digit code contain animal products and no specific subdivision under this code exists in the CN, the code is marked ex (for example, ex 2001 90 65 : veterinary checks not required for the products outlined in Column (2)).

[F1Column (2) — Explanation U.K.

This column gives details of the composite products covered by the derogation from official controls at border control posts. When necessary, official staff at border control posts must assess the ingredients of a composite product and specify, if the animal product contained in the composite product is sufficiently processed so as to not require the official checks provided for in Union legislation.]

CN Codes Explanations
(1) (2)
1704 , 1806 20 , 1806 31 , 1806 32 , 1806 90 11 , 1806 90 19 , 1806 90 31 , 1806 90 39 , 1806 90 50 Confectionery (including sweets) and chocolate, containing less than 50 % of processed dairy and egg products and treated as provided for in Article 6(1)(a) of this Decision.
1902 19 , 1902 30 , 1902 40 Pasta and noodles not mixed or filled with processed meat product; containing less than 50 % of processed dairy and egg products and treated as provided for in Article 6(1)(a) of this Decision.
1905 10 , 1905 20 , 1905 31 , 1905 32 , 1905 40 , 1905 40 10 , 1905 90 10 , 1905 90 20 , 1905 90 30 , 1905 90 45 , 1905 90 55 , 1905 90 60 , ex 1905 90 90 ;

Bread, cakes, biscuits, waffles and wafers, rusks, toasted bread and similar toasted products; containing less than 20 % of processed dairy and egg products and treated as provided for in Article 6(1)(a) of this Decision.

1905 90 covers only dry and brittle products.

ex 2001 90 65 , ex 2005 70 00

ex 1604

Olives stuffed with less than 20 % fish

Olives stuffed with more than 20 % fish

ex 2104 10 and ex 2104 20 Soup stocks and flavourings packaged for the final consumer, containing less than 50 % of fish oils, fish powders or fish extracts and treated as provided for in Article 6(1)(a) of this Decision.
ex 2106 10 , ex 2106 90 Food supplements packaged for the final consumer, containing small amounts (in total less than 20 %) of processed animal products (including glucosamine, chondroitin and/or chitosan) other than meat products.]
(1)

OJ L 268, 24.9.1991, p. 56. Directive as last amended by Directive 2006/104/EC (OJ L 363, 20.12.2006, p. 352).

(2)

OJ L 24, 30.1.1998, p. 9. Directive as last amended by Directive 2006/104/EC.

(5)

OJ L 256, 7.9.1987, p. 1. Regulation as last amended by Regulation (EC) No 301/2007 (OJ L 81, 22.3.2007, p. 11).

(6)

OJ L 139, 30.4.2004, p. 55, corrected by OJ L 226, 25.6.2004, p. 22. Regulation as last amended by Council Regulation (EC) No 1791/2006 (OJ L 363, 20.12.2006, p. 1).

(7)

[F1Regulation (EU) 2017/625 of the European Parliament and of the Council of 15 March 2017 on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products, amending Regulations (EC) No 999/2001, (EC) No 396/2005, (EC) No 1069/2009, (EC) No 1107/2009, (EU) No 1151/2012, (EU) No 652/2014, (EU) 2016/429 and (EU) 2016/2031 of the European Parliament and of the Council, Council Regulations (EC) No 1/2005 and (EC) No 1099/2009 and Council Directives 98/58/EC, 1999/74/EC, 2007/43/EC, 2008/119/EC and 2008/120/EC, and repealing Regulations (EC) No 854/2004 and (EC) No 882/2004 of the European Parliament and of the Council, Council Directives 89/608/EEC, 89/662/EEC, 90/425/EEC, 91/496/EEC, 96/23/EC, 96/93/EC and 97/78/EC and Council Decision 92/438/EEC (Official Controls Regulation) ( OJ L 95, 7.4.2017, p. 1 ).]

(8)

[F1Commission Regulation (EU) No 605/2010 of 2 July 2010 laying down animal and public health and veterinary certification conditions for the introduction into the European Union of raw milk, dairy products, colostrum and colostrum-based products intended for human consumption ( OJ L 175, 10.7.2010, p. 1 ).]

(10)

[F3 [F1Explanatory Notes to the Combined Nomenclature of the European Union ( OJ C 119, 29.3.2019, p. 1 ), as subsequently amended.] ]

Yn ôl i’r brig

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