THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff, and in particular Article 9(1)(a) thereof,
Whereas:
(1)
By Commission Implementing Regulation (EU) No 620/2011 two new subheadings, 8528 71 15 and 8528 71 91, have been introduced in Annex I to Regulation (EEC) No 2658/87. Both cover apparatus with a microprocessor-based device incorporating a modem for gaining access to the Internet, and having a function of interactive information exchange, capable of receiving television signals, so-called ‘set-top boxes which have a communication function’. According to the wording of the subheadings the apparatus include apparatus incorporating a device performing a recording or reproducing function, provided that they retain the essential character of a set-top box which has a communication function.
(2)
In the interest of legal certainty it is necessary to clarify the scope of those new subheadings with regard to the terms ‘modem’ and ‘interactive information exchange’. A new Additional Note should therefore be inserted in Chapter 85 of the Combined Nomenclature to ensure a uniform interpretation of those subheadings throughout the territory of the Union.
(3)
Regulation (EEC) No 2658/87 should therefore be amended accordingly.
(4)
The measures provided for in this Regulation are in accordance with the opinion of the Customs Code Committee,
HAS ADOPTED THIS REGULATION: