No C 317/6 Official Journal of the European Communities 23.11.83 
Proposal for a Council Regulation amending Regulation (EEC) No 97/69 on measures to 
be taken for uniform application of the nomenclature of the Common Customs Tariff 
COM(83) 656 final 
(Submitted by the Commission to the Council on 11 November 1983) 
THE COUNCIL OF THE EUROPEAN 1. Article 2 is hereby replaced by the following: 
COMMUNITIES 
'Article 2 
Having regard to the Treaty establishing the 
European Economic Community, and in particular 
Articles 28, 43, 113, 235 and 238 thereof, 
Having regard to the proposal from the Commission, 
Having regard to the opinion of the European 
Parliament, 
Having regard to the opinion of the Economic and 
Social Committee, 
Whereas practical experience of the operation of the 
Committee on Common Customs Tariff 
Nomenclature set up by Council Regulation (EEC) 
No 97/69 ('), as last amended by the Act of 
Accession of Greece, has shown that the Committee's 
sphere of activity should be laid down in more detail 
and certain adjustments be made to its operating 
procedures; . 
Whereas, for this purpose and for the sake of 
simplicity and uniformity, Regulation (EEC) No 
97/69 should be applied in all cases where measures 
must be taken in order to ensure uniform application 
of the Common Customs Tariff Nomenclature; 
whereas these cases result from Council Regulation 
(EEC) No 950/68 of 28 June 1968 on the Common 
Customs Tariff (2), as last amended, or, as regards 
customs and agricultural matters, by specific 
Community Regulations; 
Whereas, moreover, in order to increase the 
effectiveness of the Committee, it is advisable for it to 
be able to deliver opinions by a qualified majority on 
draft classification slips, on draft explanatory notes to 
the Common Customs Tariff, or on draft agreements 
on the classification of goods to be written into the 
summary record of the meeting concerned as 
submitted to it by the Commission representative, 
HAS ADOPTED THIS REGULATION: 
Article 1 
Regulation (EEC) No 97/69 is hereby amended as 
follows: 
(')OJNoL14, 21. 1. 1969, p. 1. 
(2)OJNoL 172, 28. 7. 1968, p. 1. 1. The Committee may examine any matter 
concerning the nomenclature of the Common 
Customs Tariff referred to it by its chairman, 
either on his own initiative or at the request of the 
representative of a Member State. 
2. For the purposes of this Regulation, 
"nomenclature of the Common Customs Tariff" 
means the tariff nomenclature contained in the 
Annex to Regulation (EEC) No 950/68 and to 
any other nomenclature consisting of the whole or 
part of that tariff nomenclature, whether or not 
with further subdivisions, drawn up by specific 
Community rules concerning customs and agri­
cultural matters, with a view to the application of 
tariff or other measures relating to trade in goods. 
The provisions of the preceding subparagraph shall 
be without prejudice to the application of Council 
Regulation (EEC) No 1445/72 of 24 April 1972 
on the nomenclature of goods for the external 
trade statistics of the Community and statistics of 
trade between Member States (NIMEXE) (x). 
3. The measures required for the application of 
the nomenclature of the Common Customs Tariff 
as regards classification of goods shall be adopted 
in accordance with the procedures laid down in 
Article 3 or in Article 3a. 
O OJN0LI6I, 17.7. 1972, p. 1.* 
2. Article 3 is hereby replaced by the following: 
Article 3 
1. The Commission representative shall submit 
to the Committee a draft Regulation. The 
Committee shall deliver its opinion on this draft 
within a time limit set by the chairman, having 
regard to the urgency of the matter. Opinions shall 
be delivered by the majority laid down in Article 
148 (2) of the Treaty for the adoption of those 
decisions which the Council is required to take 
on a Commission proposal. When voting in 
Committee, the votes of the representatives of the 
Member States shall be weighted as defined in the 
abovementioned Article. The chairman shall not 
vote. 
23. 11. 83 Official Journal of the European Communities No C 317/7 
2. (a) The Commission shall adopt the proposed 
Regulation where it is in accordance with the 
opinion of the Committee. 
(b) Where the proposed Regulation is not in 
accordance with the opinion of the 
Committee, or if no opinion is delivered, the 
Commission shall without delay propose to the 
Council the provisions to be adopted. 
The Council shall act by a qualified majority. 
(c) If within three months of the proposal being 
' submitted to it the Council has not acted, the 
proposed provisions shall be adopted by the 
Commission.' 
3. The following Article 3a is hereby inserted: 
'Article 3 a 
1. Where the procedure laid down in Article 3 
is not requested by the representative of a Member 
State or by the Commission representative, the 
latter may submit to the Committee a draft classification slip, a draft explanatory note to the 
Common Customs Tariff or draft agreements on 
the classification of goods to be recorded in the 
summary record of the meeting. The Committee 
shall arrive at its decision on this draft by the 
majority laid down in Article 3 (1). The chairman 
shall not vote. 
2. When the measure proposed in paragraph 1 
is in accordance with the opinion of the 
Committee, the Commission shall have it published 
in the Official Journal of the European 
Communities, 'C Series. 
Article 2 
This Regulation shall enter into force on the seventh 
day following its publication in the Official Journal of 
the European Communities. 
This Regulation shall be binding in its entirety and 
directly applicable in all Member States. 
ANNEX 
Draft declaration to be included in the minutes of the Council at which the Council Regulation 
amending for the fourth time Regulation (EEC) No 97/69 on measures to be taken for uniform 
application of the nomenclature of the Common Customs Tariff is adopted 
1. With regard to Article 2 (2) 1 
'The Council declares that: 
The competence of the Committee on Common Customs Tariff Nomenclature in respect of "any 
other nomenclature" is limited to the technical aspects of its interpretation and does not affect 
the competence of other Committees, such as the agricultural Management Committees.' 
2. With regard to Article 3a 
'The Council declares that: 
Without prejudice to the provisions in force regarding tariff information of a binding nature, 
Member States shall ensure that the measures envisaged in Article 3a (1) be put into effect on the 
3oth day at the latest following the date of their publication in the Official Journal of the 
European Communities, "C" series. 
The term "provisions", within the meaning of this Declaration, is also taken to include 
administrative provisions.'