# COMMISSION REGULATION (EC) No 435/2009

of 26 May 2009

amending Annex I to Council Regulation (EC) No 1234/2007 (Single CMO Regulation) as regards certain codes of the Combined Nomenclature

## Preamble

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EEC) No 234/79 of 5 February 1979 on the procedure for adjusting the Common Customs Tariff nomenclature used for agricultural products [^1] , and in particular Article 2 thereof,

Whereas:

**(1)** Annex I to Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff [^2] contains the Combined Nomenclature (CN) applicable from 1 January 2009.

**(2)** Some of the CN codes and descriptions in Annex I to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) [^3] do no longer correspond to the CN.

**(3)** Regulation (EC) No 1234/2007 should therefore be amended accordingly.

**(4)** The measures provided for in this Regulation are in accordance with the opinion of the management committee for the common organisation of agricultural markets,

HAS ADOPTED THIS REGULATION:

## **Article 1**

Annex I to Regulation (EC) No 1234/2007 is amended in accordance with the Annex to this Regulation.

## **Article 2**

This Regulation shall enter into force on the third day following its publication in the *Official Journal of the European Union* .

## Final provisions

This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 26 May 2009. *For the Commission* Mariann FISCHER BOEL *Member of the Commission*

[^1] [OJ L 34, 9.2.1979. p. 2](http://publications.europa.eu/resource/oj/JOL_1979_034_R_TOC) .

[^2] [OJ L 256, 7.9.1987, p. 1](http://publications.europa.eu/resource/oj/JOL_1987_256_R_TOC) .

[^3] [OJ L 299, 16.11.2007, p. 1](http://publications.europa.eu/resource/oj/JOL_2007_299_R_TOC) .

Annex I to Regulation (EC) No 1234/2007 is amended as follows:

**(1)** Part I (cereals) is amended as follows:

| (a) | \| ‘ex 1702 30 50 \| – – Other: \|; \| --- \| --- \|; \| – – – In the form of white crystalline powder, whether or not agglomerated, containing in the dry state less than 99 % by weight of glucose \| \|; \| ex 1702 30 90 \| – – – Other, containing in the dry state less than 99 % by weight of glucose’ \| |
| --- | --- |

(b) The description in column 2 for CN codes 2309 10 11 to 2309 10 53 is replaced by the following: ‘– – Containing starch, glucose, glucose syrup, maltodextrine or maltodextrine syrup of subheadings 1702 30 50 , 1702 30 90 , 1702 40 90 , 1702 90 50 and 2106 90 55 or milk products’;

(c) The description in column 2 for CN codes ex 2309 90 to 2309 90 53 is replaced by the following: ‘Other: – Products referred to in additional note 5 to chapter 23 of the Combined Nomenclature – Other, including premixes: – – Containing starch, glucose, glucose syrup, maltodextrine or maltodextrine syrup of subheadings 1702 30 50 , 1702 30 90 , 1702 40 90 , 1702 90 50 and 2106 90 55 or milk products:’.

**(2)** Part III (sugar) is amended as follows:

(a) In column 1, ‘1702 60 95 and 1702 90 99 ’ are replaced by ‘1702 60 95 and 1702 90 95 ’;

(b) The CN code ‘1702 90 60 ’ and the corresponding product description is deleted;

**(3)** Part X (processed fruit and vegetable products) is amended as follows:

(a) In the product description for CN code ex 2001 under the sixth indent the CN code ‘ex 2001 90 99 ’ is replaced by the CN code ‘ex 2001 90 97 ’

(b) In the product description for CN code ex 2007 under the second indent the CN code ‘ex 2007 99 57 ’ is replaced by CN code ‘ex 2007 99 50 ’ and the CN code ‘ex 2007 99 98 ’ is replaced by the CN code ‘ex 2007 99 97 ’;

**(4)** In Part XI (bananas), column 1, the CN code ‘ex 2007 99 57 ’ is replaced by the CN code ‘ex 2007 99 50 ’ and the CN code ‘ex 2007 99 98 ’ is replaced by the CN code ‘ex 2007 99 97 ’;

**(5)** Part XV (beef and veal), column 1, point (b), is amended as follows:

(a) The CN codes ‘0206 10 91 ’ and ‘0206 10 99 ’ are replaced by the CN code ‘0206 10 98 ’;

(b) The CN codes ‘1602 50 31 to 1602 50 80 ’ are replaced by the CN codes ‘1602 50 31 and 1602 50 95 ’;

**(6)** In Part XX (poultry meat), column 1, point (f), the CN codes ‘1602 20 11 ’ and ‘1602 20 19 ’ are replaced by the CN code ‘1602 20 10 ’;

**(7)** Part XXI (other products) is amended as follows:

| (a) | \| ‘ex 0206 49 00 \| – – Other: \|; \| --- \| --- \|; \| – – – Of domestic swine: \| \|; \| – – – – For the manufacture of pharmaceutical products (c)’ \| \| |
| --- | --- |

(b) The CN code ‘0206 49 80 ’ is deleted;

(c) The CN code ‘1602 90 41 ’ and the corresponding product description is deleted;

(d) In Column 1, the CN code ‘1602 90 98 ’ is replaced by the CN code ‘1602 90 99 ’.

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