29. 5. 85 Official Journal of the European Communities No L 140/7 COMMISSION REGULATION (EEC) No 1388/85 of 24 May 1985 classifying goods under subheading 12.04 A of the Common Customs Tariff THE COMMISSION OF THE EUROPEAN - COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, Having regard to Council Regulation (EEC) No 97/69 of 16 January 1969 on measures to be taken for uniform application of the nomenclature of the Common Customs Tariff (), as last amended by Council Regulation (EEC) No 2055/84 (3, and in parti- cular Article 3 thereof, Whereas, in order to ensure uniform application of the nomenclature of the Common Customs Tariff, provi- sion must be made for the classification of sliced sugar beet, partly de-sugared, whether or not pelletized either directly by compression or by the addition of a binder (up to 3 % by weight) having a sucrose content including any sucrose contained in the binder) exceeding 10 % by weight by reference to the dry matter ; Whereas subheading 12.04 A of the Common Customs Tariff annexed to Council Regulation (EEC) No 950/68 (%), as last amended by Regulation (EEC) No 3400/84 (%), relates to sugar beet; Whereas subheading 23.03 B I relates inter alia to sugar beet pulp; Whereas, in order to draw a distinction between sugar beet and sugar beet pulp, it is necessary to set a limit for the sucrose content, and it is appropriate to set that limit at 10 % by weight; Whereas as a result, sliced sugar beet, partly de-sugared having a sucrose content (including any sucrose in the binder) exceeding 10 % by weight by reference to the dry matter, should be classified in subheading 12.04 A; . Whereas the measures provided for in this Regulation are in accordance with the opinion of the Committee on Common Customs Tariff Nomenclature, HAS ADOPTED THIS REGULATION : Article 1 Sliced sugar beet, partly de-sugared, whether or not pelletized either directly by compression or by the addition of a binder (up to 3 % by weight), having a sucrose content (including any sucrose contained in the binder) exceeding 10 % by weight by reference to the dry matter, shall be classified in the Common * Customs Tariff under subheading : 12.04 Sugar beet, whole or sliced, fresh, dried or powdered ; sugar cane: A. Sugar beet: Article 2 This Regulation shall enter into force on the 21st day following its publication in the Official ]oumal of the European Communities. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 24 May 1985. () OJ No L 14, 21. 1. 1969, p. 1. () O] No L 191, 16. 7. 1984, p. 1. () OJ No L 171, 22. 7. 1968, p. 1. () OJ No L 320, 10. 12. 1984, p. 1. For the Commission COCKFIELD Vice-President