Commission Implementing Regulation (EU) 2020/868 of 18 June 2020 repealing Implementing Regulation (EU) 2016/1140 concerning the classification of certain goods in the Combined Nomenclature
Commission Implementing Regulation (EU) 2020/868of 18 June 2020repealing Implementing Regulation (EU) 2016/1140 concerning the classification of certain goods in the Combined NomenclatureTHE EUROPEAN COMMISSION,Having regard to the Treaty on the Functioning of the European Union,Having regard to Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs CodeOJ L 269, 10.10.2013, p. 1., and in particular Article 57(4) and Article 58(2) thereof,Whereas:(1)By Implementing Regulation (EU) 2016/1140Commission Implementing Regulation (EU) 2016/1140 of 8 July 2016 concerning the classification of certain goods in the Combined Nomenclature (OJ L 189, 14.7.2016, p. 1)., the Commission classified within the Combined Nomenclature set out in Annex I to Council Regulation (EEC) No 2658/87Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (OJ L 256, 7.9.1987, p. 1). two products, one in the form of a self-heating patch and the other in the form of a self-heating belt to relieve pain, under CN code 38249096 as other chemical products or preparations.(2)In its judgement in Case C-182/19Judgment of the Court of Justice of 26 March 2020, Pfizer Consumer Healthcare Ltd, C-182/19, ECLI:EU:C:2020:243., the Court of Justice ruled that Implementing Regulation (EU) 2016/1140 is invalid.(3)For reasons of legal certainty, an act which has been declared invalid by the Court of Justice should be formally removed from the legal order of the Union.(4)Implementing Regulation (EU) 2016/1140 should therefore be repealed.(5)The measures provided for in this Regulation are in accordance with the opinion of the Customs Code Committee.(6)Since Implementing Regulation (EU) 2016/1140 cannot be applied after the ruling of the Court of Justice on 26 March 2020, in order to ensure legal certainty and legal clarity, this Regulation should enter into force as a matter of urgency,HAS ADOPTED THIS REGULATION: