Commission Regulation (EC) No 1359/95 of 13 June 1995 amending Annexes I and II to Council Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff, and repealing Regulation (EEC) No 802/80

CHAPTER 3

FISH AND CRUSTACEANS, MOLLUSCS AND OTHER AQUATIC INVERTEBRATES

Notes

• 1. This chapter does not cover:

• (a) marine mammals (heading No 0106) or meat thereof (heading No 0208 or 0210);

• (b) fish (including livers and roes thereof) or crustaceans, molluscs or other aquatic invertebrates, dead and unfit or unsuitable for human consumption by reason of either their species or their condition (Chapter 5); flours, meals or pellets of fish or of crustaceans, molluscs or other aquatic invertebrates, unfit for human consumption (heading No 2301); or

• (c) caviar or caviar substitutes prepared from fish eggs (heading No 1604).

• 1. In this chapter the term ‘pellets’ means products which have been agglomerated either directly by compression or by the addition of a small quantity of binder.

CHAPTER 4

DAIRY PRODUCE; BIRDS' EGGS; NATURAL HONEY; EDIBLE PRODUCTS OF ANIMAL ORIGIN, NOT ELSEWHERE SPECIFIED OR INCLUDED

Notes

• 1. The expression ‘milk’ means full cream milk or partially or completely skimmed milk.

• 1. Products obtained by the concentration of whey and with the addition of milk or milk fat are to be classified as cheese in heading No 0406 provided that they have the three following characteristics:

• (a) a milk fat content, by weight of the dry matter, of 5 % or more;

• (b) a dry matter content, by weight, of at least 70 % but not exceeding 85 %; and

• (c) they are moulded or capable of being moulded.

• 1. This chapter does not cover:

• (a) products obtained from whey, containing by weight more than 95 % lactose, expressed as anhydrous lactose calculated on the dry matter (heading No 1702); or

• (b) albumins (including concentrates of two or more whey proteins, containing by weight more than 80 % whey proteins, calculated on the dry matter) (heading No 3502) or globulins (heading No 3504).

Subheading note

• 1. For the purposes of subheading 0404 10, the expression ‘modified whey’ means products consisting of whey constituents, i.e., whey from which all or part of the lactose, proteins or minerals have been removed, whey to which natural whey constituents have been added, and products obtained by mixing natural whey constituents.

Additional notes

• 1. The duty rate applicable to mixtures falling within heading Nos 0401 to 0406 shall be as follows:

• (a) in mixtures where one of the components represents at least 90 % by weight, the rate applicable to that component applies;

• (b) in other mixtures, the rate applicable shall be that of the component which results in the highest amount of import duty.

• 1. For the purposes of subheadings 0406 90 02 and 0406 90 03, the expression ‘whole cheeses’ means whole cheeses of the following net weights:

• — Emmentaler: not less than 60 kg but not more than 130 kg,

• — Gruyère and Sbrinz: not less than 20 kg but not more than 45 kg,

• — Bergkäse: not less than 20 kg but not more than 60 kg,

• — Appenzell: not less than 6 kg but not more than 8 kg.