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25.7.2013 Official
Journal
of
the
European
Union L
200/1
II
(Non-legislative acts)
REGULATIONS
COMMISSION IMPLEMENTING REGULATION (EU) No 704/2013
of 23 July 2013
concerning the classification of certain goods in the Combined Nomenclature
THE EUROPEAN COMMISSION,
orities of Member States in respect of the classification of
Having regard to the Treaty on the Functioning of the European
goods in the Combined Nomenclature but which is not
Union,
in accordance with this Regulation can, for a period of
three months, continue to be invoked by the holder
Having regard to Council Regulation (EEC) No 2658/87 of
under Article 12(6) of Council Regulation (EEC) No
23 July 1987 on the tariff and statistical nomenclature and
2913/92 of 12 October 1992 establishing the
on the Common Customs Tariff
( 1 ), and in particular
Community Customs Code ( 2 ).
Article 9(1)(a) thereof,
Whereas:
(5) The
measures
provided
for
in
this
Regulation
are
in

accordance with the opinion of the Customs Code
(1) In
order
to
ensure
uniform
application
of
the
Combined
Committee,
Nomenclature annexed to Regulation (EEC) No 2658/87,
it is necessary to adopt measures concerning the classifi
HAS ADOPTED THIS REGULATION:
cation of the goods referred to in the Annex to this
Regulation.
Article 1
(2) Regulation
(EEC)
No
2658/87
has
laid
down
the
general The goods described in column (1) of the table set out in the
rules for the interpretation of the Combined Nomen
Annex shall be classified within the Combined Nomenclature
clature. Those rules apply also to any other nomenclature
under the CN code indicated in column (2) of that table.
which is wholly or partly based on it or which adds any
additional subdivision to it and which is established by
Article 2
specific provisions of the Union, with a view to the
Binding tariff information issued by the customs authorities of
application of tariff and other measures relating to
Member States which is not in accordance with this Regulation
trade in goods.
can continue to be invoked for a period of three months under
(3) Pursuant
to
those
general
rules,
the
goods
described
in Article 12(6) of Regulation (EEC) No 2913/92.
column (1) of the table set out in the Annex should be
classified under the CN code indicated in column (2), by
Article 3
virtue of the reasons set out in column (3) of that table.
This Regulation shall enter into force on the twentieth day
(4) It
is
appropriate
to
provide
that
binding
tariff following that of its publication in the Official Journal of the
information which has been issued by the customs auth
European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 23 July 2013.
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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L 200/2
EN
Official Journal of the European Union
25.7.2013
ANNEX
Description of the goods
Classification
(CN code)
Reasons
(1) (2) (3)
1. An electronic control unit for a working
8537 10 99 Classification
is
determined
by
General
Rules
1,
voltage not exceeding 1 000 V (so-called
3(c) and 6 for the interpretation of the
"Body Control Module"), designed as a
Combined Nomenclature, Note 2(f) to Section
component of the electronic control
XVII and by the wording of CN codes 8537,
system of a motor vehicle with dimensions
8537 10 and 8537 10 99.
of
approximately
16 × 13 × 3 cm,
comprising:
Classification under heading 8512 is excluded
as the unit does not contain any visual or
— a programmable memory controller with
sound signalling equipment but only activates
active and passive components, for
such equipment.
example, transistors, diodes, a processor,
resistors, capacitors and inductors,
Classification under heading 9032 is also
excluded as the unit does not perform the
— a built-in receiver and an attached
function of automatic control of electrical or
antenna.
non-electrical quantities (see Note 7 to
Chapter 90).
The unit receives signals from manually
operated buttons and from sensors (for
The unit is designed for the purpose of
example, rain sensors and photo sensors),
performing two or more complementary or
processes them and on this basis controls
alternative functions covered by CN codes
various devices in the vehicle, for example,
8537 10 91 and 8537 10 99. It performs the
windscreen wipers, window heating, interior
function of a programmable memory controller
lighting, front and rear fog lamps, daytime
used for the electric control of machines, for
running lights. It also controls the activation
example, windscreen wipers and window
of signalling devices, for example, seatbelt
heating (see also the Harmonised System
reminder and over speed warning.
Explanatory Notes (HSEN) to heading 8537,
point (3), and the Explanatory Notes to the
It receives signals from the key remote
Combined Nomenclature (CNEN) to
control enabling the vehicle doors to be
subheading 8537 10 91). It also performs the
locked or unlocked.
function of electric control of the activation of
signalling devices, for example, seatbelt
reminder and over speed warning. As both
functions are equally important for the func
tioning of the unit, it is not possible to
determine the unit’s principal function.
The unit is therefore to be classified under CN
code 8537 10 99 as other boards, panels,
consoles, desks, cabinets and other bases for
electric control for a voltage not exceeding
1 000 V.
2. An electronic control unit for a working
8537 10 99
Classification is determined by General Rules 1
voltage not exceeding 1 000 V (so-called
and 6 for the interpretation of the Combined
"Automatic transmission" (ATM)), designed
Nomenclature, Note 2(f) to Section XVII and by
as a component of the electronic control
the wording of CN codes 8537, 8537 10 and
system of a motor vehicle, with dimensions
8537 10 99.
of approximately 8 × 6 × 3 cm.
Classification under CN code 8537 10 91 is
It comprises a controller with active and
excluded as the unit is only used for the elec
passive components, for example, tran
trical control of the engagement of the appro
sistors, diodes, a processor, resistors,
priate gear of the automatic transmission of a
capacitors and inductors. The controller is
motor vehicle and the controller is not
not programmable.
programmable.
The unit receives signals from sensors
Classification under heading 9032 is also
recording the position of the gear lever,
excluded as the unit does not perform the
processes them and on this basis controls
function of automatic control of electrical or
the engagement of the appropriate gear of
non-electrical quantities (see Note 7 to
the automatic transmission of a motor
Chapter 90).
vehicle.
The unit is therefore to be classified under CN
code 8537 10 99 as other boards, panels,
consoles, desks, cabinets and other bases for
electric control for a voltage not exceeding
1 000 V.

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EN
25.7.2013 Official
Journal
of
the
European
Union L
200/3
(1) (2) (3)
3. An electronic control unit for a working
8537 10 99 Classification
is
determined
by
General
Rules
1,
voltage not exceeding 1 000 V (so-called
3(c) and 6 for the interpretation of the
"Smart Key"), designed as a component of
Combined Nomenclature, Note 2(f) to Section
the electronic control system of a motor
XVII and by the wording of CN codes 8537,
vehicle with dimensions of approximately
8537 10 and 8537 10 99.
15 × 12 × 4 cm, comprising:
Classification under heading 8512 is excluded
— a programmable memory controller with
as the unit does not have any visual or sound
active and passive components, for
signalling equipment but only activates such
example, transistors, diodes, a processor,
equipment.
resistors, capacitors and inductors,
Classification under heading 9032 is also
— a built-in receiver for transponder
excluded as the unit does not perform the
communication (localization of the key)
function of automatic control of electrical or
between the key and the unit.
non-electrical quantities (see Note 7 to
Chapter 90).
The unit is connected to antennae already
incorporated in the vehicle allowing the
The unit is designed for the purpose of
detection of the presence of the key near
performing two or more complementary or
the vehicle.
alternative functions covered by CN codes
8537 10 91 and 8537 10 99. It performs the
The unit receives signals from manually
function of a programmable memory controller
operated buttons and from the antennae,
used for the electric control of machines, for
processes them and on this basis controls
example, locking or unlocking the vehicle
devices, for example, locks or unlocks the
doors and starting up the engine (see also the
vehicle doors, starts up the engine. It also
HSEN to heading 8537, point (3), and the
controls the activation of signalling devices,
CNEN to subheading 8537 10 91). It also
for example, the control functions for key-
performs the function of electric control of
free access including acoustic warning when
the activation of signalling devices, for
the electronic key has left the vehicle.
example, the control functions for key-free
access including acoustic warning when the
electronic key has left the vehicle. As both
functions are equally important for the func
tioning of the unit, it is not possible to
determine the unit’s principal function.
The unit is therefore to be classified under CN
code 8537 10 99 as other boards, panels,
consoles, desks, cabinets and other bases for
electric control for a voltage not exceeding
1 000 V.

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