Commission Regulation (EC) No 1966/2003 of 7 November 2003 amending Regulation (EC) No 834/95 concerning the classification of certain goods in the Combined Nomenclature
Date: 2003-11-07
Institutions: European Commission
Subjects: Combined Nomenclature, medical device

8.11.2003

EN

Official Journal of the European Union

L 290/35

COMMISSION REGULATION (EC) No 1966/2003

of 7 November 2003

amending Regulation (EC) No 834/95 concerning the classification of certain goods in the
Combined Nomenclature

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

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 1789/2003 (2), and in particular Article
9(1) thereof,

Whereas:

(1)

(2)

Commission Regulation (EC) No 834/95 of 12 April
1995 concerning the classification of certain goods in
the combined nomenclature (3)
lays down measures
concerning the classification in the Combined Nomen-
clature of a knitted made-up article.

In its judgment in joined cases C-260/00 to C-263/00 (4)
in respect of the classification of knee supports and
other bandages, the Court of Justice of the European
Communities specified criteria to draw a distinction
between ordinary versions of bandages that serve a
general purpose and versions
that are designed to
perform a specific medical function and subsequently are
the Combined
to be classified in heading 9021 of
Nomenclature.

of the good mentioned in the Annex to Regulation (EC)
No 834/95, in order to clarify why the classified product
is an ordinary version of a knee-bandage.

(4)

The measures provided for in this Regulation are in
accordance with the opinion of
the Customs Code
Committee,

HAS ADOPTED THIS REGULATION:

Article 1

In Column 3 (reasons) of the Annex to Regulation (EC) No
834/95 the following paragraph is added.

‘Classification of the article in heading 9021 as orthopaedic
appliance is excluded, because the hinges are not adjustable
to a specific handicap of a patient. Moreover, the article
does not show a high degree of precision.

Therefore, the article is an ordinary support for general use
and it does not serve a specific medical purpose.

The adjustment of
the article around the leg by two
“velcro-type” strips, does not serve any specific medical
purpose, because the “velcro-type” strips merely hold the
knee-pad in place.’

Article 2

(3)

In order to ensure uniform application of the Combined
Nomenclature annexed to Regulation (EEC) No 2658/87,
it is necessary to specify the reasons for the classification

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

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

Done at Brussels, 7 November 2003.

For the Commission

Frederik BOLKESTEIN

Member of the Commission

(1) OJ L 256, 7.9.1987, p. 1.
(2) OJ L 281, 30.10.2003, p. 1.
(3) OJ L 84, 14.4.1995, p. 1.
(4) Judgment of the Court of Justice of 7 November 2002 in joined
cases C-260/00 — C-263/00, Lohmann GmbH & Co. KG and Medi
Bayreuth Weihermüller & Voigtmann GmbH & Co. KG v. Oberfinanzdir-
ektion Koblenz (not yet published in the ECR).