Commission Implementing Regulation (EU) No 155/2012

of 21 February 2012

amending Annex I to Council Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff

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 Tariff1, and in particular Article 9(1)(a) thereof,

Whereas:

(1)
By Commission Implementing Regulation (EU) No 620/20112 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: