law://eu/reg/2013/704@2026-11-12THE EUROPEAN COMMISSION,Having regard to the Treaty on the Functioning of the European Union,Having regard to Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariffnote, and in particular Article 9(1)(a) thereof,Whereas:
HAS ADOPTED THIS REGULATION:
| Description of the goods | Classification(CN code) | Reasons |
|---|---|---|
| (1) | (2) | (3) |
| 1.An electronic control unit for a working voltage not exceeding 1000 V (so-called "Body Control Module"), designed as a component of the electronic control system of a motor vehicle with dimensions of approximately 16 × 13 × 3 cm, comprising:a programmable memory controller with active and passive components, for example, transistors, diodes, a processor, resistors, capacitors and inductors,a built-in receiver and an attached antenna.The unit receives signals from manually operated buttons and from sensors (for example, rain sensors and photo sensors), processes them and on this basis controls various devices in the vehicle, for example, windscreen wipers, window heating, interior lighting, front and rear fog lamps, daytime running lights. It also controls the activation of signalling devices, for example, seatbelt reminder and over speed warning.It receives signals from the key remote control enabling the vehicle doors to be locked or unlocked. | 85371099 | Classification is determined by General Rules 1, 3(c) and 6 for the interpretation of the Combined Nomenclature, Note 2(f) to Section XVII and by the wording of CN codes 8537, 853710 and 85371099.Classification under heading 8512 is excluded as the unit does not contain any visual or sound signalling equipment but only activates such equipment.Classification under heading 9032 is also excluded as the unit does not perform the function of automatic control of electrical or non-electrical quantities (see Note 7 to Chapter 90).The unit is designed for the purpose of performing two or more complementary or alternative functions covered by CN codes 85371091 and 85371099. It performs the function of a programmable memory controller used for the electric control of machines, for example, windscreen wipers and window heating (see also the Harmonised System Explanatory Notes (HSEN) to heading 8537, point (3), and the Explanatory Notes to the Combined Nomenclature (CNEN) to subheading 85371091). It also performs the function of electric control of the activation of signalling devices, for example, seatbelt reminder and over speed warning. As both functions are equally important for the functioning of the unit, it is not possible to determine the unit’s principal function.The unit is therefore to be classified under CN code 85371099 as other boards, panels, consoles, desks, cabinets and other bases for electric control for a voltage not exceeding 1000 V. |
| 2.An electronic control unit for a working voltage not exceeding 1000 V (so-called "Automatic transmission" (ATM)), designed as a component of the electronic control system of a motor vehicle, with dimensions of approximately 8 × 6 × 3 cm.It comprises a controller with active and passive components, for example, transistors, diodes, a processor, resistors, capacitors and inductors. The controller is not programmable.The unit receives signals from sensors recording the position of the gear lever, processes them and on this basis controls the engagement of the appropriate gear of the automatic transmission of a motor vehicle. | 85371099 | Classification is determined by General Rules 1 and 6 for the interpretation of the Combined Nomenclature, Note 2(f) to Section XVII and by the wording of CN codes 8537, 853710 and 85371099.Classification under CN code 85371091 is excluded as the unit is only used for the electrical control of the engagement of the appropriate gear of the automatic transmission of a motor vehicle and the controller is not programmable.Classification under heading 9032 is also excluded as the unit does not perform the function of automatic control of electrical or non-electrical quantities (see Note 7 to Chapter 90).The unit is therefore to be classified under CN code 85371099 as other boards, panels, consoles, desks, cabinets and other bases for electric control for a voltage not exceeding 1000 V. |
| 3.An electronic control unit for a working voltage not exceeding 1000 V (so-called "Smart Key"), designed as a component of the electronic control system of a motor vehicle with dimensions of approximately 15 × 12 × 4 cm, comprising:a programmable memory controller with active and passive components, for example, transistors, diodes, a processor, resistors, capacitors and inductors,a built-in receiver for transponder communication (localization of the key) between the key and the unit.The unit is connected to antennae already incorporated in the vehicle allowing the detection of the presence of the key near the vehicle.The unit receives signals from manually operated buttons and from the antennae, processes them and on this basis controls devices, for example, locks or unlocks the vehicle doors, starts up the engine. It also controls the activation of signalling devices, for example, the control functions for key-free access including acoustic warning when the electronic key has left the vehicle. | 85371099 | Classification is determined by General Rules 1, 3(c) and 6 for the interpretation of the Combined Nomenclature, Note 2(f) to Section XVII and by the wording of CN codes 8537, 853710 and 85371099.Classification under heading 8512 is excluded as the unit does not have any visual or sound signalling equipment but only activates such equipment.Classification under heading 9032 is also excluded as the unit does not perform the function of automatic control of electrical or non-electrical quantities (see Note 7 to Chapter 90).The unit is designed for the purpose of performing two or more complementary or alternative functions covered by CN codes 85371091 and 85371099. It performs the function of a programmable memory controller used for the electric control of machines, for example, locking or unlocking the vehicle doors and starting up the engine (see also the HSEN to heading 8537, point (3), and the CNEN to subheading 85371091). It also performs the function of electric control of the activation of signalling devices, for example, the control functions for key-free access including acoustic warning when the electronic key has left the vehicle. As both functions are equally important for the functioning of the unit, it is not possible to determine the unit’s principal function.The unit is therefore to be classified under CN code 85371099 as other boards, panels, consoles, desks, cabinets and other bases for electric control for a voltage not exceeding 1000 V. |
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