HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"L 319/34
EN
Official Journal of the European Union
2.12.2011
COMMISSION IMPLEMENTING REGULATION (EU) No 1247/2011
of 29 November 2011
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
authorities of Member States in respect of the classifi
Having regard to the Treaty on the Functioning of the European
cation of goods in the Combined Nomenclature but
Union,
which is not in accordance with this Regulation can,
for a period of 3 months, continue to be invoked by
Having regard to Council Regulation (EEC) No 2658/87 of
the holder, under Article 12(6) of Council Regulation
23 July 1987 on the tariff and statistical nomenclature and
(EEC) No 2913/92 of 12 October 1992 establishing
on the Common Customs Tariff
(
the Community Customs Code (

1 ), and in particular

2 ).
Article 9(1)(a) thereof,
(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
which is wholly or partly based on it or which adds any
Article 2
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 3 months under
trade in goods.
Article 12(6) of Regulation (EEC) No 2913/92.
(3) Pursuant
to
those
general
rules,
the
goods
described
in
Article 3
column (1) of the table set out in the Annex should be
classified under the CN code indicated in column (2), by
This Regulation shall enter into force on the 20th day following
virtue of the reasons set out in column (3) of that table.
its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 29 November 2011.
For the Commission,
On behalf of the President,
Algirdas EMETA
Member of the Commission
( 1 ) OJ L 256, 7.9.1987, p. 1.
( 2 ) OJ L 302, 19.10.1992, p. 1.

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EN
2.12.2011 Official
Journal
of
the
European
Union L
319/35
ANNEX
Description of the goods
Classification
(CN code)
Reasons
(1) (2) (3)
1. An article in the form of a module in its 8538 90 99 Classification
is
determined
by
General
Rules
1
and
6
own housing with dimensions of
for the interpretation of the Combined Nomenclature,
approximately 11 × 7 × 5 cm (so-called
Note 2(b) to Section XVI and the wording of CN codes
‘analogue input module’).
8538, 8538 90 and 8538 90 99.
The module consists of two printed circuit
As the module constitutes an interface between external
boards comprising an input interface with
devices and a numerical control apparatus of heading
four channels, an analogue-to-digital
8537, classification under heading 8471 as an input
converter, a processor and a bus interface
unit is excluded.
for connection to a programmable logic
controller (PLC). The module has an input
As the module receives, converts, processes and sends
voltage range from 0 up to 10 V DC.
electrical signals to the PLC, classification under heading
8536 as a switch or a relay for making connections to
The module receives analogue signals repre
or in electrical circuits is excluded.
senting, for example, measurements of
temperature, speed, flow or weight from
As the module does not control external devices by
various external devices.
itself, but only constitutes the interface between such
devices and the PLC, classification under heading 8537
The module converts and processes these
as an electric control apparatus is excluded.
signals before sending them to the PLC.
As the analogue-to-digital conversion is only an inter
mediate process, classification under heading 8543 as
electrical machines and apparatus, having individual
functions, not specified or included elsewhere in
Chapter 85 is excluded.
Since the intended use of the module is to receive,
convert and process signals representing measurements
received from external devices and send them to the
PLC, the module is essential for the operation of the
PLC of heading 8537.
The article is therefore to be classified under heading
8538 as parts of apparatus of headings 8535 to 8537.
2. An article in the form of a module in its 8538 90 99 Classification
is
determined
by
General
Rules
1
and
6
own housing with dimensions of
for the interpretation of the Combined Nomenclature,
approximately 11 × 7 × 5 cm (so-called
Note 2(b) to Section XVI and the wording of CN codes
‘discrete output module’).
8538, 8538 90 and 8538 90 99.
The module consists of a printed circuit
As the module constitutes an interface between external
board comprising a bus interface for
devices and a numerical control apparatus of heading
connection to a programmable logic
8537, classification under heading 8471 as an output
controller (PLC), a processor, a digital-to-
unit is excluded.
analogue converter and an output
interface with 8 connecting points.
As the module receives, processes, converts and sends
electrical signals to external devices, classification under
The output connecting points are relays of
heading 8536 as a switch or relay for making
the electromagnetic type with an output
connections to or in electrical circuits is excluded.
voltage range from 0 up to 250 V AC
and a load current per point up to 0,17 A.
The output connecting points (constituted by electrom
agnetic relays) are only a part of the module which
The module processes and converts discrete
consists, in addition to the connecting points, of the
signals representing an On/Off signal (for
bus interface, the processor and the digital-to-analogue
example, 1/0 or True/False) before sending
converter. Moreover, the module does not control
them to various external devices, such as
external devices by itself, but only constitutes the
contactors, relays and indicator lamps.
interface between the PLC and such devices. Classifi
cation under heading 8537 as an electric control
apparatus is therefore excluded.

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L 319/36
EN
Official Journal of the European Union
2.12.2011
(1) (2) (3)
As the digital-to-analogue conversion is only an inter
mediate process, classification under heading 8543 as
electrical machines and apparatus, having individual
functions, not specified or included elsewhere in
Chapter 85 is excluded.
Since the intended use of the module is to receive,
process and convert signals representing an On/Off
signal received from the PLC and send them to
external devices, the module is essential for the
operation of the PLC of heading 8537.
The article is therefore to be classified under heading
8538 as parts of apparatus of headings 8535 to 8537.

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