Commission Regulation (EC) No 2491/96 of 23 December 1996 amending Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff
Commission Regulation (EC) no 2491/96of 23 December 1996amending Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the Common Customs TariffTHE 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 TariffOJ No L 256, 7. 9. 1987, p. 1., as last amended by Commission Regulation (EC) No 1734/96OJ No L 238, 19. 9. 1996, p. 1., and in particular Article 9 thereof,Whereas Commission Regulation (EC) No 2564/95OJ No L 262, 1. 11. 1995, p. 25. lays down measures concerning the classification in the combined nomenclature of products including a CD-ROM drive and (a system for reproducing sound and image on computer "multimedia");Whereas Commission Regulation (EC) No 3009/95 of 22 December 1995 amending Annex I to Council Regulation (EEC) No 2658/87OJ No L 319, 30. 12. 1995, p. 1., gave effect from 1 January 1996 to the changes made to the Harmonized System nomenclature in the light of the Customs Cooperation Council's recommendation of 6 July 1993; whereas the changes made to the Harmonized System nomenclature include the introduction, in Chapter 84, of a new Note 5 (D) potentially affecting the classification of certain products that could serve as storage units for automatic data processing machines while performing one or more other functions at the same time;Whereas, when applying Chapter Note 5 (E), it may prove difficult to distinguish between compact discs performing a specific function other than data processing and those designed to play CD-ROMs, audio CDs and photo CDs, which are nevertheless storage units by virtue of Note 5 (D);Whereas, in the interests of the uniform application of the combined nomenclature, the scope of the term "optical disk storage units" should be made clear; whereas an additional note should therefore be inserted in Chapter 84 of the combined nomenclature; whereas Regulation (EEC) No 2658/87 should be amended accordingly;Whereas this Regulation covers the products mentioned in items 2 and 3 of the table annexed to Regulation (EC) No 2564/95;Whereas the measures provided for in this Regulation are in accordance with the opinion of the Tariff and Statistical Nomenclature Section of the Customs Code Committee,HAS ADOPTED THIS REGULATION: