HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"L 166/16
EN
Official Journal of the European Union
25.6.2011
COMMISSION IMPLEMENTING REGULATION (EU) No 620/2011
of 24 June 2011
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,
communication, may be capable of performing the addi
tional functions of recording or reproducing, provided
Having regard to the Treaty on the Functioning of the European
that, as a result, they do not lose the essential
Union,
character of a set-top box which has a communication
function.
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
(4) This
regulation
should
enter
into
force
on
1
July
2011
at
Article 9(1)(d) thereof,
the end of the reasonable period of time agreed by the
European Union with the complaining parties for the
Whereas:
European Union to bring itself into conformity with its
WTO obligations.
(1) Further
to
a
complaint
brought
in
the
World
Trade
Organisation (WTO) by certain countries, a WTO panel
report adopted by the WTO Dispute Settlement Body on
(5)
As recommendations in reports adopted by the WTO’s
21 September 2010 (
Dispute Settlement Body only have prospective effect,

2 ) concluded that the European
Union had acted, inter alia, inconsistently with the
this regulation should not have retroactive effects nor
General Agreement on Tariffs and Trade 1994 (GATT
provide interpretative guidance on a retroactive basis.
1994) by according tariff treatment less favourable than
Since it cannot operate to provide interpretative
that provided in the tariff bindings with regard to certain
guidance for classification of goods which have been
information technology products made by the European
released for free circulation prior to 1 July 2011 it
Union pursuant to the Information Technology
should not serve as a basis for the reimbursement of
Agreement (ITA). Annex I to Regulation (EEC) No
any duties paid prior to that date.
2658/87 should be amended in order to bring it into
conformity with the international obligations of the
(6) The
Customs
Code
Committee
has
not
issued
an
opinion
European Union under the GATT 1994. The required
within the time limit set by its Chairman,
amendments are in accordance with Council Decision
97/359/EC of 24 March 1997 concerning the elim
HAS ADOPTED THIS REGULATION:
ination of duties on information technology products ( 3 ),
which approved the ITA.
Article 1
(2) Following
the
WTO
Panel
Report,
digital
copying
should Part Two, Section XVI of Annex I to Regulation (EEC) No
not constitute photocopying under the GATT 1994 and
2658/87 is amended as set out in the Annex to this Regulation.
copying speed should not be the sole classification
criterion. Subheading 8443 31 of Annex I to Regulation
(EEC) No 2658/87 and the corresponding duty rate
Article 2
should therefore be amended accordingly.
This Regulation shall enter into force on 1 July 2011.
(3) The wording of subheading 8528 71 15 of the CN
(previously 8528 71 13) should be amended in order
It shall have neither retroactive effect nor provide interpretative
to include set-top boxes which, besides the function of
guidance on a retroactive basis.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 24 June 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 ) WT/DS375/R, WT/DS376/R, WT/DS377/R.
( 3 ) OJ L 155, 12.6.1997, p. 1.

---

EN
25.6.2011 Official
Journal
of
the
European
Union L
166/17
ANNEX
Part Two, Section XVI of Annex I to Regulation (EEC) No 2658/87 is amended as follows:
(1) Chapter 84 is amended as follows:
(a) the row for CN code 8443 31 10 is deleted;
(b) between the row for CN code 8443 31 10 and the row for CN code 8443 31 91 ‘– – – Other’ is deleted;
(c) the following row for CN code 8443 31 20 is inserted:
‘8443 31 20 – – – Machines having digital copying as principal function, where the
copying is performed by scanning the original and printing the
copies by means of an electrostatic print engine . . . . . . . . . . . . . . . . . . . 2,2
% p/st’
(d) the following row for CN code 8443 31 80 is inserted:
‘8443 31 80 – – – Other . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Free p/st’
(e) the row for CN code 8443 31 91 is deleted;
(f) the row for CN code 8443 31 99 is deleted;
(2) Chapter 85 is amended as follows:
(a) the row for CN code 8528 71 13 is deleted;
(b) the following row for CN code 8528 71 15 is inserted:
‘8528 71 15 – – – – 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”, including those 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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Free p/st’
(c) the row for CN code 8528 71 90 is deleted;
(d) the following rows are inserted after CN code 8528 71 19:
– – – Other:
‘8528 71 91 – – – – 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”, including those 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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Free p/st
8528 71 99
– – – – Other . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 p/st’

---