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23.2.2012 Official
Journal
of
the
European
Union
L
50/1
II
(Non-legislative acts)
REGULATIONS
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,
(3) Regulation
(EEC)
No
2658/87
should
therefore
be
amended accordingly.
Having regard to the Treaty on the Functioning of the European
Union,
(4) The
measures
provided
for
in
this
Regulation
are
in
accordance with the opinion of the Customs Code
Committee,
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
( 1 ), and in particular
HAS ADOPTED THIS REGULATION:
Article 9(1)(a) thereof,
Article 1
Whereas:
In Chapter 85 of the Combined Nomenclature set out in Annex
I to Regulation (EEC) No 2658/87, as amended by Commission
Implementing Regulation (EU) No 1006/2011 ( 3 ), the following
Additional Note 3 is inserted:
(1) By
Commission
Implementing
Regulation
(EU)
No
620/2011 ( 2 ) two new subheadings, 8528 71 15 and
8528 71 91, have been introduced in Annex I to Regu
lation (EEC) No 2658/87. Both cover apparatus with a
‘3. For the purposes of subheadings 8528 71 15 and
microprocessor-based device incorporating a modem for
8528 71 91 only, the term “modem” covers devices or
gaining access to the Internet, and having a function of
equipment that modulate and demodulate incoming and
interactive information exchange, capable of receiving
outgoing signals, such as V.90 modems or cable modems,
television signals, so-called ‘set-top boxes which have a
and other devices that utilise akin technologies for gaining
communication function’. According to the wording of
access to the Internet, such as WLAN, ISDN and Ethernet.
the subheadings the apparatus include apparatus incor
The extent of access to the Internet may be limited by the
porating a device performing a recording or reproducing
service provider.
function, provided that they retain the essential character
of a set-top box which has a communication function.
Apparatus of these subheadings must enable a two-way
communication process or a two-way flow of information for
(2)
In the interest of legal certainty it is necessary to clarify
the purposes of providing an interactive information exchange.’
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
Article 2
uniform interpretation of those subheadings throughout
the territory of the Union.
This Regulation shall enter into force on the 20th day following
its publication in the Official Journal of the European Union.
( 1 ) OJ L 256, 7.9.1987, p. 1.
( 2 ) OJ L 166, 25.6.2011, p. 16.
( 3 ) OJ L 282, 28.10.2011, p. 1.

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L 50/2
EN
Official Journal of the European Union
23.2.2012
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 21 February 2012.
For the Commission,
On behalf of the President,
Algirdas EMETA
Member of the Commission

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Document Outline

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