Extending the classification of dairy products to include products such as ‘cocktails based on milk whey proteins’ in the Combined Nomenclature (CN)

Question for written answer  E-000677/2021
to the Commission
Rule 138
Krzysztof Jurgiel (ECR)

Farming organisations are reporting a need to extend the classification of dairy products to facilitate trade in these goods for producers.

The basis for classifying goods is the Combined Nomenclature (CN) established by Council Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff. According to the classification of the Combined Nomenclature and the explanatory notes to the Harmonised System (HS), cocktails based on whey proteins are classified under CN heading 2202, which includes: ‘Waters, including mineral waters and aerated waters, containing added sugar or other sweetening matter or flavoured, and other non-alcoholic beverages, not including fruit or vegetable juices of heading 2009’. According to the wording of the explanatory notes to CN 2202, this heading covers, among other things, ‘(2) Certain other beverages prepared for direct consumption, e.g. on the basis of milk and cocoa’. However, according to the explanatory notes to the HS for Chapter 22: ‘The products in this chapter can be divided into four main groups: (A) Water and other non-alcoholic drinks and ice. (...) The present chapter does not cover: (a) Liquid dairy products covered by Chapter 4’.

Will the Commission extend the classification of dairy products in the Combined Nomenclature (CN) to include ‘cocktails based on whey proteins’, which would facilitate marketing these products not only for Polish producers but also for European producers?