
Article 1 
The goods described in column 1 of the table set out in the Annex shall be classified within the Combined Nomenclature under the CN codes indicated in column 2 of that table.
Article 2 
Binding tariff information issued by the customs authorities of Member States which is not in accordance with this Regulation can continue to be invoked for a period of three months under Article 12(6) of Regulation (EEC) No 2913/92.
Article 3 
This Regulation shall enter into force on the twentieth day following its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.Done at Brussels, 19 November 2004.
For the Commission
Frederik BOLKESTEIN
Member of the Commission
ANNEX

Description of the goods Classification(CN code) Reasons
(1) (2) (3)

1. 
Liver15Chopped pork5Collar2Kidney6Lung13Spleen7Rind20Fat with rind20Other ingredients2Water10

The preparation is put up in cans.
 1602 20 90 Classification is determined by General Rules 1 and 6 for the interpretation of the Combined Nomenclature, Note 2 to Chapter 16 and by the wording of CN codes 1602, 1602 20 and 1602 20 90.The liver content is considered to be present in a sufficient quantity as to give the product its character of liver preparation (see the Explanatory Notes to the Combined Nomenclature to sub-headings 1602 20 11 to 1602 20 90).

2. 

 PRODUCT 1
Sugar31,5Glucose syrup28,5Citric acid5Malic acid2,5Xanthan gum0,2Sodium benzoate0,05Acesulfame potassium0,03Aspartame0,009Flavouring0,5Colouring0,002Waterremainder
The product is put up for retail sale in a small plastic bottle with a dropper
(h = 6 cm; ø = 2 cm)
(See photograph No 1)
 PRODUCT 2
Sugar34Citric acid5Malic acid3Fumaric acid0,05Sodium carboxymethyl cellulose0,07Potassium sorbate0,016Sodium benzoate0,01Acesulfame potassium0,03Aspartame0,01Flavouring0,5Colouring0,002Waterremainder
The product is put up for retail sale as a spray in a small plastic bottle
(h = 10 cm; ø = 1,5 cm)
(See photograph No 2)

Both products are intended for immediate consumption without further dilution with water.
 2106 90 59 Classification is determined by the provisions of General Rules 1 and 6 for the interpretation of the Combined Nomenclature and by the wording of CN codes 2106, 2106 90 and 2106 90 59.The preparations being in liquid form do not meet the criteria for sugar confectioneries in heading 1704 as the HS Explanatory Notes state ‘this heading covers most of the sugar preparations which are marketed in a solid or semi-solid form’.Neither do they have to be regarded as non-alcoholic beverages of subheading 2202 10 00, as they are not directly consumed as beverages because of their acid content (Additional note 1 to chapter 22).

3. 
The protein profile is as follows:


— beta-lactoglobulin: 50-60 %
— alfa-lactalbumin: 10-25 %
— immunoglobulin: 5-7 %
— glycopeptides: ca. 20 %

The lactose and fat content is less than 1 %.

Lecithin can be present in small quantities when used as a wetting agent during manufacturing.

The product is intended for human consumption.
 3502 20 91 Classification is determined by the provisions of General Rules 1 and 6 for the interpretation of the Combined Nomenclature, Note 4 (b) to Chapter 4 and the wording of CN codes 3502, 3502 20 and 3502 20 91.The products are to be considered concentrates of two or more whey proteins in the meaning of heading text 3502 and cannot be regarded as an isolate of lactoglobulins of heading 3504.

Photograph No 1

Photograph No 2
