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10.8.2012 Official
Journal
of
the
European
Union L
213/3
REGULATIONS
COMMISSION IMPLEMENTING REGULATION (EU) No 726/2012
of 6 August 2012
concerning the classification of certain goods in the Combined Nomenclature
THE EUROPEAN COMMISSION,
(4) It
is
appropriate
to
provide
that
binding
tariff
information which has been issued by the customs auth
Having regard to the Treaty on the Functioning of the European
orities of Member States in respect of the classification of
Union,
goods in the Combined Nomenclature but which is not
in accordance with this Regulation can, for a period of
Having regard to Council Regulation (EEC) No 2658/87 of
three months, continue to be invoked by the holder,
23 July 1987 on the tariff and statistical nomenclature and
under Article 12(6) of Council Regulation (EEC)
on the Common Customs Tariff
(
No 2913/92 of 12 October 1992 establishing the

1 ), and in particular
Article 9(1)(a) thereof,
Community Customs Code ( 2 ).
(5) The
measures
provided
for
in
this
Regulation
are
in
Whereas:
accordance with the opinion of the Customs Code
Committee,
(1) In
order
to
ensure
uniform
application
of
the
Combined
Nomenclature annexed to Regulation (EEC) No 2658/87,
HAS ADOPTED THIS REGULATION:
it is necessary to adopt measures concerning the classifi
cation of the goods referred to in the Annex to this
Article 1
Regulation.
The goods described in column (1) of the table set out in the
Annex shall be classified within the Combined Nomenclature
(2) Regulation
(EEC)
No
2658/87
has
laid
down
the
general under the CN code indicated in column (2) of that table.
rules for the interpretation of the Combined Nomen
clature. Those rules apply also to any other nomenclature
Article 2
which is wholly or partly based on it or which adds any
additional subdivision to it and which is established by
Binding tariff information issued by the customs authorities of
specific provisions of the Union, with a view to the
Member States, which is not in accordance with this Regulation,
application of tariff and other measures relating to
can continue to be invoked for a period of three months under
trade in goods.
Article 12(6) of Regulation (EEC) No 2913/92.
Article 3
(3) Pursuant
to
those
general
rules,
the
goods
described
in
column (1) of the table set out in the Annex should be
This Regulation shall enter into force on the twentieth day
classified under the CN code indicated in column (2), by
following that of its publication in the Official Journal of the
virtue of the reasons set out in column (3) of that table.
European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 6 August 2012.
For the Commission,
On behalf of the President,
Antonio TAJANI
Vice-President
( 1 ) OJ L 256, 7.9.1987, p. 1.
( 2 ) OJ L 302, 19.10.1992, p. 1.

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L 213/4
EN
Official Journal of the European Union
10.8.2012
ANNEX
Description of the goods
Classification
(CN code)
Reasons
(1) (2) (3)
An electronic apparatus (so-called ‘remote
9031 90 85 Classification
is
determined
by
General
Rules
elevator monitoring unit’) in a housing with
1 and 6 for the interpretation of the
dimensions of approximately 28 × 22 × 9 cm
Combined Nomenclature, Note 2(b) to
for incorporation into a lift shaft.
Chapter 90 and by the wording of CN
codes 9031, 9031 90 and 9031 90 85.
The apparatus, which receives information
from various external sensors, is used for
As the apparatus does not incorporate a
monitoring the functioning of the lift oper
modem or other communication device, clas
ations and detecting any malfunctions, for
sification as an apparatus for communication
example, in starting and stopping, door
in a wired network under heading 8517 is
opening and closing, levelling, in the
excluded.
traction motor, brake, cabin lighting. The
information received is checked and
As the apparatus does not provide any sound
processed by the apparatus and transmitted
or visual signals, classification as an electric
via a modem to a maintenance centre.
sound or visual signalling apparatus under
heading 8531 is excluded.
After presentation and incorporation of a
modem, the apparatus can provide two-way
The apparatus monitors and checks the func
voice communication between the lift cabin
tioning of the lift and processes the data
and the maintenance centre through a
received. The sensors, where the signals to
microphone and a loudspeaker installed in
be processed are generated, are not incor
the cabin.
porated in the apparatus. The apparatus
does not itself display those signals. For
these reasons, the apparatus is considered a
part of a checking instrument. Consequently,
classification as an incomplete machine of
heading 9031 is excluded.
The apparatus is therefore to be classified
under CN code 9031 90 85 as a part of
checking instruments, appliances and
machines, not specified or included
elsewhere in Chapter 90.

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Document Outline

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