law://eu/reg/2012/750@2026-11-12THE EUROPEAN COMMISSION,Having regard to the Treaty on the Functioning of the European Union,Having regard to Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariffnote, and in particular Article 9(1)(a) thereof,Whereas:
HAS ADOPTED THIS REGULATION:
| Description of the goods | Classification(CN code) | Reasons |
|---|---|---|
| (1) | (2) | (3) |
| A product (so-called ‘Propolis’) presented in gelatine capsules, put up for retail sale. The content of each capsule consists of the following components (% by weight):—vegetable resins and vegetable waxes55—waxes30—essential oils8 to 10—pollen5Those components are materials collected by bees and are transformed with the enzymes of their saliva.According to the label the product is presented as a food supplement for human consumption. | 21069092 | Classification is determined by General Rules 1 and 6 for the interpretation of the Combined Nomenclature and the wording of CN codes 2106, 210690 and 21069092.The product is a food preparation presented in the form of capsules. The casing is a factor that, together with the content, determines the use and character of the product as a food supplement (see judgment of the Court of Justice of the European Union in joined cases C-410/08 to C-412/08, ‘Swiss Caps’, [2009] ECR I-11991, paragraphs 29 and 32).Consequently, classification of the product as an edible product of animal origin under CN code 04100000 is excluded.The product is therefore to be classified under heading 2106 as a food preparation not elsewhere specified or included (see also Harmonised System Explanatory Notes to heading 2106, point (16). |
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