# C_2009185EN.01000101.xml

| 7.8.2009 | EN | Official Journal of the European Union | C 185/1 |
| --- | --- | --- | --- |

7.8.2009

EN

Official Journal of the European Union

C 185/1

---

Explanatory Notes to the Combined Nomenclature of the European Communities

2009/C 185/01

Pursuant to Article 9(1)(a), second indent, of Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (1), the Explanatory Notes to the Combined Nomenclature of the European Communities (2) are amended as follows:

1

2

Page 346

Page 346

The following is inserted:

‘8517 12 00   Telephones for cellular networks or other wireless networks

This subheading includes telephones for cellular networks, so called “mobile phones”.

“Mobile phones” have the following characteristics:

| — | they are “pocket-sized”, i.e. they are of dimensions that do not exceed 170 mm × 100 mm × 45 mm, when measured in their most compact form, |
| --- | --- |

—

they are “pocket-sized”, i.e. they are of dimensions that do not exceed 170 mm × 100 mm × 45 mm, when measured in their most compact form,

| — | they are capable of operating without an external source of electric power, |
| --- | --- |

—

they are capable of operating without an external source of electric power,

| — | they have both a microphone, and an earphone and/or a loudspeaker, either in the same unit or in the form of a detachable headset presented together with the “mobile phone”, for the transmission and reception of voice enabling voice communication, |
| --- | --- |

—

they have both a microphone, and an earphone and/or a loudspeaker, either in the same unit or in the form of a detachable headset presented together with the “mobile phone”, for the transmission and reception of voice enabling voice communication,

| — | they incorporate other components such as an amplifier and an antenna for telephony, which provide for dual-way short-range transmission of voice within a network consisting of base stations of subheading 8517 61 and using mobile telephony frequency bands, |
| --- | --- |

—

they incorporate other components such as an amplifier and an antenna for telephony, which provide for dual-way short-range transmission of voice within a network consisting of base stations of subheading 8517 61 and using mobile telephony frequency bands,

| — | they are able to do telephony communication using cellular networks when equipped with a SIM (Subscriber Identity Module) of various types (physical or software) that has been activated. They may provide that emergency calls may be made without the SIM. |
| --- | --- |

—

they are able to do telephony communication using cellular networks when equipped with a SIM (Subscriber Identity Module) of various types (physical or software) that has been activated. They may provide that emergency calls may be made without the SIM.

“Mobile phones” may also have other features such as sending and receiving SMS (Short Message Service) and MMS (Multimedia Messaging Service) messages; emails; packet switching for access to the Internet; sending and receiving positioning signals; navigating, routing, maps, instant messaging, VOIP (voice over Internet Protocol); PDA (Personal Digital Assistant); gaming; receiving radio or television signals; capturing, recording and reproducing sound and images.

Irrespective of such additional features, the mobile telephony function is generally the principal function of mobile phones that meet all the above listed characteristics. This is the case, for example, when the telephony function takes precedence over all other functions including when incoming calls are normally notified to the user regardless of secondary functions used.’

---

(1)  OJ L 256, 7.9.1987, p. 1.

1

(2)  OJ C 133, 30.5.2008, p. 1.

2

---