Council Regulation (EC) No 493/2005 of 16 March 2005 amending Annex I to Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff
Date: 2005-03-16
Institutions: Council of the European Union
Subjects: Combined Nomenclature, common customs tariff, screen, tariff nomenclature, tariff preference

31.3.2005

EN

Official Journal of the European Union

L 82/1

I

(Acts whose publication is obligatory)

COUNCIL REGULATION (EC) No 493/2005

of 16 March 2005

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

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty
Community, and in particular Article 26 thereof,

establishing the European

Having regard to the proposal from the Commission,

Whereas:

(1)

(2)

(3)

In the Combined Nomenclature set out in Annex I to
Council Regulation (EEC) No 2658/87 (1), the CN codes
for monitors are 8471 and 8528.

For the classification of monitors outside CN code 8528,
certain conditions are to be met. The convergence of
information technology, consumer electronics industries
and new technologies has created a situation where it is
becoming impossible, when classifying monitors,
to
determine, by reference to simple technical character-
istics,
It
follows from the case law of the Court of Justice of
the European Communities that classification cannot be
based on actual use. The correct classification of indi-
vidual products is to be based on objective and quanti-
fiable data. It is currently not feasible to establish unam-
biguous criteria meeting this requirement.

the main purpose of a particular monitor.

Trade data indicate that currently monitors using liquid
crystal display technology, with a diagonal measurement
of the screen of 48,5 cm or less and a screen aspect ratio
of 4:3 or 5:4, are mainly used as output units of
automatic data-processing machines. However,
such
monitors are frequently also capable of
reproducing
video images from a source other than an automatic
data-processing machine and therefore do not meet the
condition of being solely or principally for use with such
machines. Such monitors are therefore not covered by
the Agreement on trade in information technology
products (2) or by the Communication on its implemen-

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

(EC) No 1989/2004 (OJ

last amended by
L 344,

Commission Regulation
20.11.2004, p. 5).

(2) OJ L 155, 12.6.1997, p. 3.

tation, both of which were approved on behalf of the
Community by Council Decision 97/359/EC of 24 March
1997 concerning the elimination of duties on infor-
mation technology products (3).

It is in the interest of the Community to suspend totally,
for a limited period, the autonomous Common Customs
Tariff duties for monitors using liquid crystal display
technology, with a diagonal measurement of the screen
of 48,5 cm or less and a screen aspect ratio of 4:3 or 5:4
and classifiable under CN code 8528 21 90. This
expire by 31 December
measure
2006, unless the Council decides to prolong it.

should therefore

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

Since the amendment introduced by this Regulation is to
be applied from the same date as the Combined Nomen-
clature for 2005 laid down in Commission Regulation
(EC) No 1810/2004 (4), this Regulation should enter into
force immediately and apply from 1 January 2005,

(4)

(5)

(6)

HAS ADOPTED THIS REGULATION:

Article 1

The text in column 3 for CN code 8528 21 90 in Chapter 85,
Section XVI of Part Two, Schedule of Customs Duties, of Annex
I to Regulation (EEC) No 2658/87 shall be replaced by the
following:

‘14 (*)

___________
(*) Customs

duty

2006,

autonomously

until 31
December
diagonal
measurement of the screen of 48,5 cm or less and with
an
(TARIC code
4:3
aspect
8528 21 90 30).’

for monitors with

suspended,

ratio

5:4

or

of

a

(3) OJ L 155, 12.6.1997, p. 1.
(4) OJ L 327, 30.10.2004, p. 1.

L 82/2

EN

Official Journal of the European Union

31.3.2005

Article 2

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

It shall apply from 1 January 2005.

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

Done at Brussels, 16 March 2005.

For the Council
The President

J. ASSELBORN