Commission Regulation (EC) No 2176/2002 of 6 December 2002 amending Annex I to Council Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff
Date: 2002-12-06
Institutions: European Commission
Subjects: Combined Nomenclature, common customs tariff, customs regulations, tariff nomenclature

7.12.2002

EN

Official Journal of the European Communities

L 331/3

COMMISSION REGULATION (EC) No 2176/2002

of 6 December 2002

amending Annex I to Council Regulation (EEC) No 2658/87 on the tariff and statistical nomencla-
ture and on the Common Customs Tariff

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

HAS ADOPTED THIS REGULATION:

Having regard to the Treaty establishing the European
Community,

Article 1

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), as last amended by Commission
Regulation (EC) No 1832/2002 (2), and in particular Article 9
thereof,

Whereas:

(1)

(2)

(3)

(4)

(5)

(6)

Commission Regulation (EC) No 969/2002 (3)
intro-
duced in Annex I to Regulation (EEC) No 2658/87 a
new Additional Note 1 to Chapter 39 and a new Addi-
tional Note 1 to Chapter 40 to clarify the conditions
under which gloves, mittens and mitts,
impregnated,
coated or covered with cellular plastics or cellular rubber
are classified in Chapters 39 or 40 of the Combined
Nomenclature.

It has shown that the expression ‘textile fabrics’ used in
these additional notes is not precise enough as to the
materials these gloves, mittens and mitts can be made of.

In order to specify the material and to ensure the
uniform application of the nomenclature, the expression
‘textile fabrics’ as used in the above mentioned additional
notes should therefore be replaced by the expression
‘woven, knitted or crocheted fabrics, felt or nonwovens’.

Regulation (EEC) No 2658/87 should be amended
accordingly.

For the sake of legal certainty this Regulation shall apply
as from the same date as Regulation (EC) No 1832/
2002.

The measures foreseen in this Regulation are in accor-
dance with the opinion of
the Customs Code
Committee,

(1) OJ L 256, 7.9.1987, p. 1.
(2) OJ L 290, 28.10.2002, p. 1.
(3) OJ L 149, 7.6.2002, p. 20.

Annex I to Regulation (EEC) No 2658/87 shall be replaced by
the following:

1. In Chapter 39, Additional Note 1 shall be replaced by the

following:

‘1. Where the woven, knitted or crocheted fabrics, felt or
nonwovens are present merely for reinforcing purposes,
gloves, mittens or mitts impregnated, coated or covered
with cellular plastics belong to Chapter 39, even if they
are:

— made up from woven, knitted or crocheted fabrics
(other than those of heading No 5903),
felt or
nonwovens impregnated, coated or covered with
cellular plastics, or

— made up from unimpregnated, uncoated or uncov-
ered woven, knitted or crocheted fabrics,
felt or
nonwovens and subsequently impregnated, coated or
covered with cellular plastics.

(Note 3(c) to Chapter 56 and note 2(a)(5) to Chapter
59).’

2. In Chapter 40, Additional Note 1 shall be replaced by the

following:

‘1. Where the woven, knitted or crocheted fabrics, felt or
nonwovens are present merely for reinforcing purposes,
gloves, mittens or mitts impregnated, coated or covered
with cellular rubber belong to Chapter 40, even if they
are:

— made up from woven, knitted or crocheted fabrics
(other than those of heading No 5906),
felt or
nonwovens impregnated, coated or covered with
cellular rubber, or

— made up from unimpregnated, uncoated or uncov-
felt or
ered woven, knitted or crocheted fabrics,
nonwovens and subsequently impregnated, coated or
covered with cellular rubber.

(Note 3(c) to Chapter 56 and note 4, last paragraph, to
Chapter 59).’

Article 2

This Regulation shall enter
into force on the 20th day
following that of its publication in the Official Journal of the
European Communities.

It shall apply as from 1 January 2003.

L 331/4

EN

Official Journal of the European Communities

7.12.2002

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 6 December 2002.

For the Commission

Frederik BOLKESTEIN

Member of the Commission