31.3.2005 Official Journal of the European Union L 82/1 | (Acts whose publication is obligatory) COUNCIL REGULATION (EC) No 493/2005 of 16 March 2005 amending Annex I to Regulation (EEC) No 265887 on the tariff and statistical nomenclature and on the Common Customs Tariff THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Article 26 thereof, Having regard to the proposal from the Commission, Whereas: (1) () O) L 256, 7.9.1987, p. 1. Commission Regulation 20.11.2004, p. 5). 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, the main purpose of a particular monitor. 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. 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 (%) or by the Communication on its implemen- Regulation as last amended by (EC) No 1989/2004 (O] L 344, () O] 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 (?). 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 measure should therefore expire by 31 December 2006, unless the Council decides to prolong it. 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 (*), this Regulation should enter into force immediately and apply from 1 January 2005, 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 autonomously suspended, until 31 December 2006, for monitors with a diagonal measurement of the screen of 48,5cm or less and with an aspect ratio of 43 or 5:4 (TARIC code ) () 0] 0 8528 21 90 30). L 155, 12.6.1997, p. 1. L 327, 30.10.2004, p. 1.