26.7.1983
EN
Official Journal of the European Communities
L 202/5
COMMISSION REGULATION (EEC) No 2053/83
of 20 July 1983
on the classification of goods within subheading 32.04 A IV of the Common Customs Tariff
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
Having regard to Council Regulation (EEC) No 97/69 of 16 January 1969 on measures to be taken for uniform application of the nomenclature of the Common Customs Tariff ( 1 ) , as last amended by the Act of Accession of Greece, and in particular Article 3 thereof,
Whereas, in order to ensure uniform application of the nomenclature of the Common Customs Tariff, provisions must be laid down concerning the tariff classification of a paprika extract having the following characteristics:
—
appearance: highly viscous liquid, deep red, high colouring strength,
—
odour and taste: aromatic, similar to paprika, not pungent,
—
ash: 0,49 % by weight,
—
essential oils: 0,15 ml/100 g,
—
capsaicin: not detectable — pungent principle,
—
glucose: 0,01 % by weight,
—
sucrose: not detectable,
—
triglycerides: positive test,
—
capsanthin: about 2,2 g/kg (about 60 000 colour units EOA (Essential Oil Association);
Whereas heading No 32.04 of the Common Customs Tariff annexed to Council Regulation (EEC) No 950/68 ( 2 ) , as last amended by Regulation (EEC) No 604/83 ( 3 ) , refers inter alia to colouring matter of vegetable origin (including dyewood extract and other vegetable dyeing extracts, but excluding indigo);
Whereas the product in question, which is a vegetable extract, has the characteristics of colouring matter of vegetable origin of heading No 32.04; whereas, within heading No 32.04, subheading 32.04 A IV must be chosen for the product in question;
Whereas the measures provided for in this Regulation are in accordance with the opinion of the Committee on Common Customs Tariff Nomenclature,
HAS ADOPTED THIS REGULATION:
Article 1
The product consisting of paprika extract having the following characteristics:
—
appearance: highly viscous liquid, deep red, high colouring strength,
—
odour and taste: aromatic, similar to paprika, not pungent,
—
ash: 0,49 % by weight,
—
essential oils: 0,15 ml/100 g,
—
capsaicin: not detectable,
—
glucose: 0,01 % by weight,
—
sucrose: not detectable,
—
triglycerides: positive test,
—
capsanthin: about 2,2 g/kg (about 60 000 colour units EOA (Essential Oil Association),
shall be classified in the Common Customs Tariff under subheading:
32.04
Colouring matter of vegetable origin (including dyewood extract and other vegetable dyeing extracts, but excluding indigo) or of animal origin:
A.
Colouring matter of vegetable origin:
IV.
Other.
Article 2
This Regulation shall enter into force on the 21st day following its publication in the Official Journal of the European Communities .
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 20 July 1983.
For the Commission
Karl-Heinz NARJES
Member of the Commission
( 1 ) OJ No L 14, 21. 1. 1969, p. 1 .
( 2 ) OJ No L 172, 22. 7. 1968, p. 1 .
( 3 ) OJ No L 72, 18. 3. 1983, p. 3 .