L 36/40 Official Journal of the European Union 12.2.2003 COMMISSION DECISION of 31 January 2003 concerning the validity of certain binding tariff information (BTI) issued by the Federal Republic of Germany (notified under document number C(2003) 77) (Only the German text is authentic) (2003/97[EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, (2)  This classification was adopted for the following reasons: Having regard to the Treaty establishing the European Community, Having regard to Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code ('), as last amended by Regulation (EC) No 2700/2000 (3, and in particular Article 12(5)(a)(iii) and Article 248 thereof, Having regard to Commission Regulation (EEC) No 2454/93 of 2 July 1993 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Common Customs Code (), as last amended by Regulation (EC) No 444/2002 (%) and in particular Article 9 thereof, Whereas: (1) In order to ensure uniform application of the Combined Nomenclature (CN) annexed to Council Regulation (EEC) No 265887 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (), the Commission adopted Regulation (EC) No 1223/ 2002 (%) clarifying and confirming the classification of the products described below as frozen poultrymeat of heading 0207, under CN subheading 0207 14 10: ‘Bone- less chicken cuts, frozen and impregnated with salt in all parts. They have a salt content by weight of 1,2 % to 1,9 %. The product is deep-frozen and has to be stored at a temperature of lower than -18 °C to ensure conser- vation for at least one year’. () OJ L 302, 19.10.1992, p. 1. () OJ L 311, 12.12.2000, p. 17. () OJ L 253,11.10.1993, p. 1. () OJ L 68,12.3.2002, p. 11. () OJ L 256, 7.9.1987, p. 1. (¥ OJ L 179, 9.7.2002, p. 8. ‘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 0207, 0207 14 and 0207 14 10. The product is chicken meat frozen for long-term conservation. The addition of salt does not alter the character of the product as frozen meat of heading 0207". (3)  Following publication of the above Regulation on 9 July 2002 (), all binding tariff information (BTIs) previously issued by Member States classifying the products concerned as salted meat of heading 0210 ceased to be valid. (4)  Based on this Regulation, some Member States later issued BTIs for frozen products of the same kind containing 2 % to 2,7 % salt under heading 0207. (5) A number of cases subsequently came to light in which Germany had issued BTIs classifying frozen products of this kind containing between 1,9 % and 3 % by weight of salt under heading 0210. (6)  In so doing, Germany failed to take account of the fact that the classification regulation constitutes the applica- tion of a general rule to a particular case, and thus contains guidance on the interpretation of the rule which can be applied by the authority responsible for the classification of an identical or similar product. (7)  Products also consisting of boneless chicken cuts which have been frozen for long-term conservation and have a salt content of 1,9 % to 3 % are similar to the products covered by Regulation (EC) No 1223/2002. The addition of salt in such quantities is not such as to alter the products' character as frozen poultry meat of heading 0207. () OJL 179, 9.7.2002, p. 8.