31970R1203

390 Official Journal of the European Communities

27.6.70 Official Journal of the European Communities No L 140/ 15

REGULATION (EEC) No 1203 /70 OF THE COMMISSION

of 26 June 1970

on classification of goods under sub-headings Nos 48.07 C and 48.15 B and under heading No 68.08 of the Common Customs Tariff

THE COMMISSION OF THE EUROPEAN COM­ with tar, bitumen, asphalt or similar products, MUNITIES, whether of not coated with mineral substances (sand, slate, debris, stones , etc.);

Whereas the articles in question are classifiable under Having regard to the Treaty establishing the sub-headings Nos 48.07 C or 48.15 B and under European Economic Community ; heading No 68.08 referred to above ; whereas, therefore, it appears to be necessary to draw a dividing line between them ;, Having regard to Council Regulation (EEC) No 97/691 of 16 January 1969 on the measures to be taken for uniform application of the nomenclature of Whereas, taking account of the characteristics of the the Common Customs Tariff, and in particular articles in question, among the objective criteria Article 3 thereof; which might be applied the total weight per square metre is most likely to achieve the desired purpose ; whereas a total weight limit of 3 000 g per square Whereas the Common Customs Tariff annexed to metre can reasonably be used ; Council Regulation (EEC) No 950/682 of 28 June 1968 , as last amended by Council Regulation (EEC) Whereas the measures provided for in this Regulation No 765/703 of 27 April 1970, comprises under are in accordance with the Opinion of the Committee sub-heading No 48.07 C paper and paperboard on the Common Customs Tariff, Nomenclature ; tarred, bituminised, asphalted, reinforced or not, whether or not coated with sand or similar products, in rolls or sheets, under sub-heading No 48.15 B other paper and paperboard, cut to size or shape, HAS ADOPTED THIS REGULATION : other, and under heading No 68.08 articles of asphalt or of similar material (for example, of petroleum bitumen or coal tar pitch); Article 1

Covering materials (for roofs, in particular) in rolls Whereas provision must be made to ensure uniform or in the form of plates or sheets, whether or not cut application of the nomenclature of the Common to size or shape in a special manner ( such as shingles Customs Tariff with a view to classification of or shingle-board), consisting of a base of paper or covering materials (for roofs, in particular) in rolls or roofing felt, impregnated and covered on both sides in the form of plates or sheets, whether or not cut to with tar, bitumen, asphalt or similar products, size or shape in a special manner (such as shingles or whether or not coated with mineral substances (sand, shingle-board), consisting of a base of paper or slate debris, stones, etc), shall in the Common roofing felt, impregnated and covered on both sides Customs Tariff be classified

( a) if their weight exceeds 3 000 g per square metre — under heading No 68.08 :

1 OJ No L 14, 21.1.1969, p. 1 . Articles of asphalt or of similar material (for 2 OJ No L 172, 22.7.1968, p. 1 . example, of petroleum bitumen or coal tar 3 OJ No L 95 , 29.4.1 970, p. 1 . pitch )

Official Journal of the European Communities 391

(b) if their weight does not exceed 3 000 g per square or if excluded from No 48.07 by note 4 to metre Chapter 48

— under sub-heading 48.15 : — under sub-heading No 48.07 : other paper and paperboard, cut to size or shape : Paper and paperboard, impregnated, coated, surface-coloured, surface-decorated or printed B. Other (not being merely ruled, lined or squared and not constituting printed matter within Chapter 49 ) in rolls or sheets : Article 2

C. Tarred, bituminised, asphalted, reinforced This Regulation shall enter into force on the eighth or not, whether or not coated with sand day following its publication in the Official Journal or similar products of the European Communities.

This Regulation shall be binding in its entirety and directly applicable in all Member States .

Done at Brussels, 26 June 1970 .

For the Commission

The President

Jean REY