HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"L 263/4
EN
Official Journal of the European Union
5.10.2013
REGULATIONS
COUNCIL REGULATION (EU) No 953/2013
of 26 September 2013
amending Annex I to Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on
the Common Customs Tariff
THE COUNCIL OF THE EUROPEAN UNION,
of flat panel displays which can display, with an
acceptable level of functionality, signals from both
Having regard to the Treaty on the Functioning of the European
automatic data-processing systems and other sources,
Union, and in particular Article 31 thereof,
has become technically impossible.
Having regard to the proposal from the European Commission,
(4) In
order
to
ensure
a
rational
development
of
production
Whereas:
and an expansion of consumption within the territory of
the Union and to promote trade between Member States
(1) HS
subheading
852851
in
Annex
I
to
Council
Regu
and third countries, it is in the interest of both Union
lation (EEC) No 2658/87 ( 1 ) comprises monitors, other
consumers and Union industry to provide for a duty-free
than cathode-ray tube (CRT) monitors, of a kind solely or
treatment for the above-mentioned monitors.
principally used in an automatic data-processing system
of heading 8471. Monitors other than those of a kind
(5) Annex
I
to
Regulation
(EEC)
No
2658/87
should
solely or principally used in an automatic data-processing
therefore be amended accordingly,
system of heading 8471 are classified under HS
subheading 852859.
HAS ADOPTED THIS REGULATION:
(2) In
accordance
with
established
case-law
of
the
Court
of
Article 1
Justice of the European Union ( 2 ), the classification of
monitors under either HS subheading 852851 or
1. Annex
I
to
Regulation
(EEC)
No
2658/87
is
amended
as
852859 has to be based on an overall assessment of
set out in the Annex to this Regulation.
the objective characteristics and properties of each
2. The
amendments
to
the
CN
subheadings
provided
for
in
particular monitor.
this Regulation shall be applicable as TARIC subheadings until
(3) Due
to
the
convergence
of
digital
technologies,
it
has 31 December 2013.
become very difficult to determine, by reference to
Article 2
mere technical characteristics, whether or not a particular
monitor is of a kind solely or principally used in an
This Regulation shall enter into force on the twentieth day
automatic data-processing system of heading 8471. In
following that of its publication in the Official Journal of the
particular, ensuring the correct and uniform classification
European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 26 September 2013.
For the Council
The President
E. GUSTAS
( 1 ) Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff
and statistical nomenclature and on the Common Customs Tariff
(OJ L 256, 7.9.1987, p. 1).
( 2 ) Judgment of the Court of Justice of 19 February 2009 in Case
C-376/07, Staatssecretaris van Financin v Kamino International
Logistics BV. ([2009] ECR I-1167).

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EN
5.10.2013 Official
Journal
of
the
European
Union L
263/5
ANNEX
In Part Two, Section XVI, Chapter 85 of Annex I to Regulation (EEC) No 2658/87 the rows for CN codes 8528 59,
8528 59 10, 8528 59 40 and 8528 59 80 are replaced by the following:
‘8528 59 –
–
Other:
– – – Flat Panel Displays able to display signals from automatic
data-processing machines with an acceptable level of
functionality:
8528 59 20 ( 1 )
– – – – Monochrome 14
( 5 ) p/st
– – – – Colour:
8528 59 31 ( 2 )
– – – – – With a screen of the liquid crystal display (LCD)
14 ( 5 ) p/st
technology
8528 59 39 ( 3 )
– – – – – Other 14
( 5 ) p/st
8528 59 70 ( 4 )
– – – Other 14 p/st
( 1 ) TARIC code 8528 59 10 20
( 2 ) TARIC code 8528 59 40 91
( 3 ) TARIC code 8528 59 80 91
( 4 ) TARIC codes 8528 59 10 90, 8528 59 40 99 and 8528 59 80 99
( 5 ) Autonomous rate of duty: Free’

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