23.2.2022   

ET

Euroopa Liidu Teataja

LI 42/77

COUNCIL REGULATION (EU) 2022/263

of 23 February 2022

concerning restrictive measures in response to the recognition of the non-government controlled areas of the Donetsk and Luhansk oblasts of Ukraine and the ordering of Russian armed forces into those areas

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 215 thereof,

Having regard to Council Decision (CFSP) 2022/266 of 23 February 2022 concerning restrictive measures in response to the recognition of the non-government controlled areas of the Donetsk and Luhansk oblasts of Ukraine and the ordering of Russian armed forces into those areas (1),

Having regard to the joint proposal from the High Representative of the Union for Foreign Affairs and Security Policy and the European Commission,

Whereas:

(1)

On 23 February 2022, in response to the signing by the President of the Russian Federation of a decree recognising the ‘independence and sovereignty’ of the non-government controlled areas of the Donetsk and Luhansk oblasts of Ukraine and ordering Russian armed forces into those areas, the Council adopted Decision (CFSP) 2022/266.

(2)

Decision (CFSP) 2022/266 imposes restrictions on goods originating in the non-government controlled areas of the Donetsk and Luhansk oblasts of Ukraine and on the provision, directly or indirectly, of financing or financial assistance, as well as insurance and reinsurance, related to the import of such goods, with the exception of goods having been granted a certificate of origin by the Government of Ukraine.

(3)

In addition, Decision (CFSP) 2022/266 restricts trade in goods and technology for use in certain sectors in the non-government controlled areas of the Donetsk and Luhansk oblasts of Ukraine, and prohibits services in the sectors of transport, telecommunications, energy or the prospecting, exploration and production of oil, gas and mineral resources, as well as services related to tourism activities in the non-government controlled areas of the Donetsk and Luhansk oblasts of Ukraine.

(4)

In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission.

(5)

Member States and the Commission should inform each other of the measures taken pursuant to this Regulation and of other relevant information at their disposal in connection with this Regulation.

(6)

Member States should lay down rules on penalties applicable to infringements of the provisions of this Regulation and make sure that they are implemented. Such penalties should be effective, proportionate and dissuasive.

(7)

These measures fall within the scope of the Treaty and, therefore, in particular with a view to ensuring their uniform application in all Member States, regulatory action at the level of the Union is necessary in order to implement them.

(8)

In order to ensure that the measures provided for in this Regulation are effective, it should enter into force on the day following that of its publication,

HAS ADOPTED THIS REGULATION:

Article 1

For the purposes of this Regulation, the following definitions apply:

(a)

‘brokering services’ means:

(i)

the negotiation or arrangement of transactions for the purchase, sale or supply of goods and technology or of financial and technical services, including from a third country to any other third country; or

(ii)

the selling or buying of goods and technology or of financial and technical services, including where they are located in third countries for their transfer to another third country;

(b)

‘claim’ means any claim, whether or not asserted by legal proceedings, made before or after 24 February 2022, under or in connection with a contract or transaction, and includes in particular:

(i)

a claim for performance of any obligation arising under or in connection with a contract or transaction;

(ii)

a claim for extension or payment of a bond, financial guarantee or indemnity of whatever form;

(iii)

a claim for compensation in respect of a contract or transaction;

(iv)

a counterclaim;

(v)

a claim for the recognition or enforcement, including by the procedure of exequatur, of a judgment, an arbitration award or an equivalent decision, wherever made or given;

(c)

‘contract or transaction’ means any transaction of whatever form, whatever the applicable law, and whether comprising one or more contracts or similar obligations made between the same or different parties; for this purpose ‘contract’ includes a bond, guarantee or indemnity, particularly a financial guarantee or financial indemnity, and credit, whether legally independent or not, as well as any related provision arising under, or in connection with, the transaction;

(d)

‘specified territories’ means the non-government controlled areas of the Donetsk and Luhansk oblasts of Ukraine;

(e)

‘entity in the specified territories’ means any entity having its registered office, central administration or principal place of business in the specified territories, its subsidiaries or affiliates under its control in the specified territories, as well as branches and other entities operating in the specified territories;

(f)

‘goods originating in the specified territories’ means goods which are wholly obtained in the specified territories or which have undergone their last substantial transformation there, in accordance, mutatis mutandis, with Article 60 of Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code (2);

(g)

‘investment services’ means the following services and activities:

(i)

reception and transmission of orders in relation to one or more financial instruments,

(ii)

execution of orders on behalf of clients,

(iii)

dealing on own account,

(iv)

portfolio management,

(v)

investment advice,

(vi)

underwriting of financial instruments and/or placing of financial instruments on a firm commitment basis,

(vii)

placing of financial instruments without a firm commitment basis,

(h)

‘technical assistance’ means any technical support related to repairs, development, manufacture, assembly, testing, maintenance or any other technical service, and may take forms such as instruction, advice, training, transmission of working knowledge or skills or consulting services; technical assistance includes verbal forms of assistance;

(i)

‘territory of the Union’ means the territories of the Member States to which the Treaty is applicable, under the conditions laid down in the Treaty, including their airspace;

(j)

‘competent authorities’ means the competent authorities of the Member States as identified on the websites listed in Annex I.

Article 2

1.   It shall be prohibited:

(a)

to import into the European Union goods originating in the specified territories;

(b)

to provide, directly or indirectly, financing or financial assistance as well as insurance and reinsurance related to the import of the goods referred to in point (a).

2.   The prohibitions in paragraph 1 shall not apply in respect of:

(a)

the execution until 24 May 2022 of trade contracts concluded before 23 February 2022, or of ancillary contracts necessary for the execution of such contracts, provided that the natural or legal person, entity or body seeking to perform the contract has notified, at least 10 working days in advance, the activity or transaction to the competent authority of the Member State in which they are established;

(b)

goods originating in the specified territories which have been made available to the Ukrainian authorities for examination, for which compliance with the conditions conferring entitlement to preferential origin has been verified and for which a certificate of origin has been issued in accordance with the EU-Ukraine Association Agreement.

Article 3

1.   It shall be prohibited to:

(a)

acquire any new, or extend any existing participation in ownership of, real estate located in the specified territories;

(b)

acquire any new, or extend any existing participation in ownership or control of, entities in the specified territories, including the acquisition in full of such an entity or the acquisition of shares therein, and other securities of a participating nature of such an entity;

(c)

grant or be part of any arrangement to grant any loan or credit or otherwise provide financing, including equity capital, to an entity in the specified territories, or for the documented purpose of financing such an entity;

(d)

create any joint venture in the specified territories or with an entity in the specified territories;

(e)

provide investment services directly related to the activities referred to in points (a) to (d).

2.   The prohibitions and restrictions set out in this Article shall not apply to the conduct of legitimate business with entities outside the specified territories, provided the related investments are not destined to entities in the specified territories.

3.   The prohibitions in paragraph 1 shall be without prejudice to the execution of an obligation arising from a contract concluded before 23 February 2022, or from ancillary contracts necessary for the execution of such a contract, provided that the competent authority has been informed at least five working days in advance.

Article 4

1.   It shall be prohibited to sell, supply, transfer or export goods and technology listed in Annex II:

(a)

to any natural or legal person, entity or body in the specified territories, or

(b)

for use in the specified territories.

Annex II shall include certain goods and technologies suited for use in the following key sectors:

(i)

transport;

(ii)

telecommunications;

(iii)

energy;

(iv)

the prospecting, exploration and production of oil, gas and mineral resources.

2.   It shall be prohibited to:

(a)

provide, directly or indirectly, technical assistance or brokering services related to the goods and technology listed in Annex II, or related to the provision, manufacture, maintenance and use of such items to any natural or legal person, entity or body in the specified territories or for use in the specified territories;

(b)

provide, directly or indirectly, financing or financial assistance related to the goods and technology listed in Annex II to any natural or legal person, entity or body in the specified territories or for use in the specified territories.

3.   The prohibitions in paragraphs 1 and 2 shall be without prejudice to the execution until 24 August 2022 of an obligation arising from a contract concluded before 23 February 2022, or from ancillary contracts necessary for the execution of such contracts, provided that the competent authority has been informed at least five working days in advance.

Article 5

1.   It shall be prohibited to provide technical assistance, or brokering, construction or engineering services directly relating to infrastructure in the specified territories in the sectors referred to in Article 4(1) as defined on the basis of Annex II, independently of the origin of the goods and technology.

2.   The prohibition in paragraph 1 shall be without prejudice to the execution until 24 August 2022 of an obligation arising from a contract concluded before 23 February 2022, or from ancillary contracts necessary for the execution of such a contract.

3.   It shall be prohibited to participate, knowingly and intentionally, in activities the object or effect of which is to circumvent the prohibitions referred to in paragraphs 1 and 2.

Article 6

1.   It shall be prohibited to provide services directly related to tourism activities in the specified territories.

2.   The prohibition in paragraph 1 shall be without prejudice to the execution until 24 August 2022 of an obligation arising from a contract or an ancillary contract concluded before 23 February 2022, or from ancillary contracts necessary for the execution of such contracts, provided that the competent authority has been informed at least five working days in advance.

Article 7

1.   The competent authorities may grant, under such terms and conditions as they deem appropriate, an authorisation in relation to the activities referred to in Articles 3(1) and 4(2), and to the goods and technology referred to in Article 4(1), provided that they are:

(a)

necessary for official purposes of consular missions or international organisations enjoying immunities in accordance with international law located in the specified territories;

(b)

related to projects exclusively in support of hospitals or other public health institutions providing medical services or civilian education establishments located in the specified territories; or

(c)

appliances or equipment for medical use.

2.   The competent authorities may also grant, under such terms and conditions as they deem appropriate, an authorisation in relation to the activities referred to in Article 3(1), provided that the transaction is for the purpose of maintenance in order to ensure the safety of existing infrastructure.

3.   The competent authorities may also grant, under such terms and conditions as they deem appropriate, an authorisation in relation to the activities referred to in Articles 3(1) and 4(2), and to the goods and technology referred to in Article 4(1) and to the services referred to in Article 5, where the sale, supply, transfer or export of the items or the carrying out of those activities is necessary for the urgent prevention or mitigation of an event likely to have a serious and significant impact on human health and safety, including the safety of existing infrastructure, or the environment. In duly justified cases of emergency, the sale, supply, transfer or export may proceed without prior authorisation, provided that the exporter notifies the competent authority within five working days after the sale, supply, transfer or export has taken place, providing detail about the relevant justification for the sale, supply, transfer or export without prior authorisation.

The Commission and the Member States shall inform each other of the measures taken under this paragraph and share any other relevant information at their disposal.

Article 8

It shall be prohibited to participate, knowingly and intentionally, including indirectly, in activities the object or effect of which is to circumvent the prohibitions laid down in this Regulation.

Article 9

Actions by natural or legal persons, entities or bodies shall not give rise to any liability of any kind on their part if they did not know, and had no reasonable cause to suspect, that their actions would infringe the measures set out in this Regulation.

Article 10

1.   No claims in connection with any contract or transaction the performance of which has been affected, directly or indirectly, in whole or in part, by the measures imposed under this Regulation, including claims for indemnity or any other claim of this type, such as a claim for compensation or a claim under a guarantee, particularly a claim for extension or payment of a bond, guarantee or indemnity, particularly a financial guarantee or financial indemnity, of whatever form, shall be satisfied, if they are made by:

(a)

designated natural or legal persons, entities or bodies listed in Annex I to Council Regulation (EU) No 269/2014 (3);

(b)

any natural or legal person, entity or body acting through or on behalf of one of the persons, entities or bodies referred to in point (a);

(c)

any natural or legal person, entity or body which has been found by an arbitral, judicial or administrative decision to have infringed the prohibitions set out in this Regulation;

(d)

any natural or legal person, entity or body, if the claim relates to goods the import of which is prohibited under Article 2(1).

2.   In any proceedings for the enforcement of a claim, the onus of proving that satisfying the claim is not prohibited by paragraph 1 shall be on the natural or legal person, entity or body seeking the enforcement of that claim.

3.   This Article is without prejudice to the right of natural or legal persons, entities or bodies referred to in paragraph 1 to judicial review of the legality of the non-performance of contractual obligations in accordance with this Regulation.

Article 11

1.   The Commission and the Member States shall inform each other of the measures taken under this Regulation and share any other relevant information at their disposal in connection with this Regulation, in particular information in respect of violation and enforcement problems and judgments handed down by national courts.

2.   The Member States shall immediately inform each other and the Commission of any other relevant information at their disposal which might affect the effective implementation of this Regulation.

Article 12

The Commission shall be empowered to amend Annex I on the basis of information supplied by Member States.

Article 13

1.   Member States shall lay down the rules on penalties applicable to infringements of the provisions of this Regulation and shall take all measures necessary to ensure that they are implemented. The penalties provided for must be effective, proportionate and dissuasive.

2.   Member States shall notify the rules referred to in paragraph 1 to the Commission without delay after the entry into force of this Regulation and shall notify it of any subsequent amendment.

Article 14

1.   Member States shall designate the competent authorities referred to in this Regulation and identify them on the websites listed in Annex I. Member States shall notify the Commission of any changes in the addresses of their websites listed in Annex I.

2.   Member States shall notify the Commission of their competent authorities, including the contact details of those competent authorities, without delay after the entry into force of this Regulation, and shall notify it of any subsequent amendment.

3.   Where this Regulation sets out a requirement to notify, inform or otherwise communicate with the Commission, the address and other contact details to be used for such communication shall be those indicated in Annex I.

Article 15

This Regulation shall apply:

(a)

within the territory of the Union, including its airspace;

(b)

on board any aircraft or any vessel under the jurisdiction of a Member State;

(c)

to any person inside or outside the territory of the Union who is a national of a Member State;

(d)

to any legal person, entity or body, inside or outside the territory of the Union, which is incorporated or constituted under the law of a Member State;

(e)

to any legal person, entity or body in respect of any business done in whole or in part within the Union.

Article 16

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

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

Done at Brussel, 23 February 2022,

For the Council

The President

J.-Y. LE DRIAN

(1)   OJ L 42 I, 23.2.2022, p. 109.

(2)   OJ L 269 10.10.2013, p. 1.

(3)  Council Regulation (EU) No 269/2014 of 17 March 2014 concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine (OJ L 78 17.3.2014, p. 6).

ANNEX I

Websites for information on the competent authorities of the Member States and the address for notification to the European Commission

BELGIUM

https://diplomatie.belgium.be/en/policy/policy_areas/peace_and_security/sanctions

BULGARIA

https://www.mfa.bg/en/EU-sanctions

CZECHIA

www.financnianalytickyurad.cz/mezinarodni-sankce.html

DENMARK

http://um.dk/da/Udenrigspolitik/folkeretten/sanktioner/

GERMANY

https://www.bmwi.de/Redaktion/DE/Artikel/Aussenwirtschaft/embargos-aussenwirtschaftsrecht.html

ESTONIA

https://vm.ee/et/rahvusvahelised-sanktsioonid

IRELAND

https://www.dfa.ie/our-role-policies/ireland-in-the-eu/eu-restrictive-measures/

GREECE

http://www.mfa.gr/en/foreign-policy/global-issues/international-sanctions.html

SPAIN

http://www.exteriores.gob.es/Portal/en/PoliticaExteriorCooperacion/GlobalizacionOportunidadesRiesgos/Paginas/SancionesInternacionales.aspx

FRANCE

http://www.diplomatie.gouv.fr/fr/autorites-sanctions/

CROATIA

https://mvep.gov.hr/vanjska-politika/medjunarodne-mjere-ogranicavanja/22955

ITALY

https://www.esteri.it/it/politica-estera-e-cooperazione-allo-sviluppo/politica_europea/misure_deroghe/

CYPRUS

https://mfa.gov.cy/themes/

LATVIA

http://www.mfa.gov.lv/en/security/4539

LITHUANIA

http://www.urm.lt/sanctions

LUXEMBOURG

https://maee.gouvernement.lu/fr/directions-du-ministere/affaires-europeennes/organisations-economiques-int/mesures-restrictives.html

HUNGARY

https://kormany.hu/kulgazdasagi-es-kulugyminiszterium/ensz-eu-szankcios-tajekoztato

MALTA

https://foreignandeu.gov.mt/en/Government/SMB/Pages/SMB-Home.aspx

NETHERLANDS

https://www.rijksoverheid.nl/onderwerpen/internationale-sancties

AUSTRIA

https://www.bmeia.gv.at/themen/aussenpolitik/europa/eu-sanktionen-nationale-behoerden/

POLAND

https://www.gov.pl/web/dyplomacja/sankcje-miedzynarodowe

https://www.gov.pl/web/diplomacy/international-sanctions

PORTUGAL

http://www.portugal.gov.pt/pt/ministerios/mne/quero-saber-mais/sobre-o-ministerio/medidas-restritivas/medidas-restritivas.aspx

ROMANIA

http://www.mae.ro/node/1548

SLOVENIA

http://www.mzz.gov.si/si/omejevalni_ukrepi

SLOVAKIA

https://www.mzv.sk/europske_zalezitosti/europske_politiky-sankcie_eu

FINLAND

https://um.fi/pakotteet

SWEDEN

https://www.regeringen.se/sanktioner

Address for notifications to the European Commission:

European Commission

Directorate-General for Financial Stability, Financial Services and Capital Markets Union (DG FISMA)

Rue de Spa 2

B-1049 Brussels, Belgium

E-mail: relex-sanctions@ec.europa.eu

ANNEX II

List of goods and technology referred to in Article 4

Chapter/CN code

Product description

Chapter 25

SALT; SULPHUR; EARTHS AND STONE; PLASTERING MATERIALS, LIME AND CEMENT

Chapter 26

ORES, SLAG AND ASH

Chapter 27

MINERAL FUELS, MINERAL OILS AND PRODUCTS OF THEIR DISTILLATION; BITUMINOUS SUBSTANCES; MINERAL WAXES

Chapter 28

INORGANIC CHEMICALS; ORGANIC OR INORGANIC COMPOUNDS OF PRECIOUS METALS, OF RARE-EARTH METALS, OF RADIOACTIVE ELEMENTS OR OF ISOTOPES

Chapter 29

ORGANIC CHEMICALS

3824

Prepared binders for foundry moulds or cores; chemical products and preparations of the chemical or allied industries (including those consisting of mixtures of natural products), not elsewhere specified or included

3826 00

Biodiesel and mixtures thereof, not containing or containing less than 70 % by weight of petroleum oils or oils obtained from bituminous minerals

Chapter 72

Iron and steel

Chapter 73

Articles of iron or steel

Chapter 74

Copper and articles thereof

Chapter 75

Nickel and articles thereof

Chapter 76

Aluminium and articles thereof

Chapter 78

Lead and articles thereof

Chapter 79

Zinc and articles thereof

Chapter 80

Tin and articles thereof

Chapter 81

Other base metals; cermets; articles thereof

8207 13 00

ROCK-DRILLING OR EARTH-BORING TOOLS, INTERCHANGEABLE, WITH WORKING PARTS OF SINTERED METAL CARBIDES OR CERMETS

8207 19 10

ROCK-DRILLING OR EARTH-BORING TOOLS, INTERCHANGEABLE, WITH WORKING PARTS OF DIAMOND OR AGGLOMERATED DIAMOND

8401

Nuclear reactors; fuel elements (cartridges), non-irradiated, for nuclear reactors; machinery and apparatus for isotopic separation:

8402

Steam or other vapour generating boilers (other than central heating hot water boilers capable also of producing low pressure steam); superheated water boilers:

8403

Central heating boilers other than those of heading 8402

8404

Auxiliary plant for use with boilers of heading 8402 or 8403 (for example, economisers, superheaters, soot removers, gas recoverers); condensers for steam or other vapour power units

8405

Producer gas or water gas generators, with or without their purifiers; acetylene gas generators and similar water process gas generators, with or without their purifiers

8406

Steam turbines and other vapour turbines:

8407

Spark-ignition reciprocating or rotary internal combustion piston engines

8408

Compression-ignition internal combustion piston engines (diesel or semidiesel engines):

8409

Parts suitable for use solely or principally with the engines of heading 8407 or 8408

8410

Hydraulic turbines, water wheels, and regulators therefor

8411

Turbojets, turbopropellers and other gas turbines

8412

Other engines and motors

8413

Pumps for liquids, whether or not fitted with a measuring device; liquid elevators

8414

Air or vacuum pumps, air or other gas compressors and fans; ventilating or recycling hoods incorporating a fan, whether or not fitted with filters

8415

Air-conditioning machines, comprising a motor-driven fan and elements for changing the temperature and humidity, including those machines in which the humidity cannot be separately regulated

8416

Furnace burners for liquid fuel, for pulverised solid fuel or for gas; mechanical stokers, including their mechanical grates, mechanical ash dischargers and similar appliances

8417

Industrial or laboratory furnaces and ovens, including incinerators, nonelectric

8418

Refrigerators, freezers and other refrigerating or freezing equipment, electric or other; heat pumps other than air-conditioning machines of heading 8415

8420

Calendering or other rolling machines, other than for metals or glass, and cylinders therefor

8421

Centrifuges, including centrifugal dryers; filtering or purifying machinery and apparatus, for liquids or gases

8422

Dishwashing machines; machinery for cleaning or drying bottles or other containers; machinery for filling, closing, sealing or labelling bottles, cans, boxes, bags or other containers; machinery for capsuling bottles, jars, tubes and similar containers; other packing or wrapping machinery (including heat-shrink wrapping machinery); machinery for aerating beverages

8423

Weighing machinery (excluding balances of a sensitivity of 5 cg or better), including weight-operated counting or checking machines; weighing machine weights of all kinds

8424

Mechanical appliances (whether or not hand-operated) for projecting, dispersing or spraying liquids or powders; fire extinguishers, whether or not charged; spray guns and similar appliances; steam or sandblasting machines and similar jet projecting machines

8425

Pulley tackle and hoists other than skip hoists; winches and capstans; jacks

8426

Ships' derricks; cranes, including cable cranes; mobile lifting frames, straddle carriers and works trucks fitted with a crane

8427

Fork-lift trucks; other works trucks fitted with lifting or handling equipment

8428

Other lifting, handling, loading or unloading machinery (for example, lifts, escalators, conveyors, teleferics

8429

Self-propelled bulldozers, angledozers, graders, levellers, scrapers, mechanical shovels, excavators, shovel loaders, tamping machines and roadrollers

8430

Other moving, grading, levelling, scraping, excavating, tamping, compacting, extracting or boring machinery, for earth, minerals or ores; piledrivers and pile extractors; snowploughs and snowblowers

8431

Parts suitable for use solely or principally with the machinery of headings 8425 to 8430

8432

Agricultural, horticultural or forestry machinery for soil preparation or cultivation; lawn or sports-ground rollers

8435

Presses, crushers and similar machinery used in the manufacture of wine, cider, fruit juices or similar beverages

8436

Other agricultural, horticultural, forestry, poultry-keeping or bee-keeping machinery, including germination plant fitted with mechanical or thermal equipment; poultry incubators and brooders

8437

Machines for cleaning, sorting or grading seed, grain or dried leguminous vegetables; machinery used in the milling industry or for the working of cereals or dried leguminous vegetables, other than farm-type machinery

8439

Machinery for making pulp of fibrous cellulosic material or for making or finishing paper or paperboard

8440

Bookbinding machinery, including book-sewing machines

8441

Other machinery for making up paper pulp, paper or paperboard, including cutting machines of all kinds

8442

Machinery, apparatus and equipment (other than the machine tools of headings 8456 to 8465 ) for preparing or making plates, cylinders or other printing components; plates, cylinders and other printing components; plates, cylinders and lithographic stones, prepared for printing purposes (for example, planed, grained or polished)

8443

Printing machinery used for printing by means of plates, cylinders and other printing components of heading 8442 ; other printers, copying machines and facsimile machines, whether or not combined; parts and accessories thereof

8444 00

Machines for extruding, drawing, texturing or cutting man-made textile materials:

8445

Machines for preparing textile fibres; spinning, doubling or twisting machines and other machinery for producing textile yarns; textile reeling or winding (including weft-winding) machines and machines for preparing textile yarns for use on the machines of heading 8446 or 8447

8447

Knitting machines, stitch-bonding machines and machines for making gimped yarn, tulle, lace, embroidery, trimmings, braid or net and machines for tufting

8448

Auxiliary machinery for use with machines of heading 8444 , 8445 , 8446 or 8447 (for example, dobbies, jacquards, automatic stop motions, shuttle changing mechanisms); parts and accessories suitable for use solely or principally with the machines of this heading or of heading 8444 , 8445 , 8446 or 8447 (for example, spindles and spindle flyers, card clothing, combs, extruding nipples, shuttles, healds and heald-frames, hosiery needles)

8449 00 00

Machinery for the manufacture or finishing of felt or nonwovens in the piece or in shapes, including machinery for making felt hats; blocks for making hats

8450

Household or laundry-type washing machines, including machines which both wash and dry:

8452

Sewing machines, other than book-sewing machines of heading 8440 ; furniture, bases and covers specially designed for sewing machines; sewing machine needles

8453

Machinery for preparing, tanning or working hides, skins or leather or for making or repairing footwear or other articles of hides, skins or leather, other than sewing machines

8454

Converters, ladles, ingot moulds and casting machines, of a kind used in metallurgy or in metal foundries

8455

Metal-rolling mills and rolls therefor

8456

Machine tools for working any material by removal of material, by laser or other light or photon beam, ultrasonic, electrodischarge, electrochemical, electron beam, ionic-beam or plasma arc processes; water-jet cutting machines

8457

Machining centres, unit construction machines (single station) and multi- station transfer machines, for working metal

8458

Lathes (including turning centres) for removing metal

8459

Machine tools (including way-type unit head machines) for drilling, boring, milling, threading or tapping by removing metal, other than lathes (including turning centres) of heading 8458

8460

Machine tools for deburring, sharpening, grinding, honing, lapping, polishing or otherwise finishing metal or cermets by means of grinding stones, abrasives or polishing products, other than gear cutting, gear grinding or gear finishing machines of heading 8461

8461

Machine tools for planing, shaping, slotting, broaching, gear cutting, gear grinding or gear finishing, sawing, cutting-off and other machine tools working by removing metal or cermets, not elsewhere specified or included

8462

Machine tools (including presses) for working metal by forging, hammering or die-stamping; machine tools (including presses) for working metal by bending, folding, straightening, flattening, shearing, punching or notching; presses for working metal or metal carbides, not specified above

8463

Other machine tools for working metal or cermets, without removing material

8464

Machine tools for working stone, ceramics, concrete, asbestos-cement or like mineral materials or for cold working glass

8465

Machine tools (including machines for nailing, stapling, glueing or otherwise assembling) for working wood, cork, bone, hard rubber, hard plastics or similar hard materials

8466

Parts and accessories suitable for use solely or principally with the machines of headings 8456 to 8465 , including work or tool holders, self-opening dieheads, dividing heads and other special attachments for machine tools; tool holders for any type of tool for working in the hand

8467

Tools for working in the hand, pneumatic, hydraulic or with self-contained electric or non-electric motor

8468

Machinery and apparatus for soldering, brazing or welding, whether or not capable of cutting, other than those of heading 8515 ; gas-operated surface tempering machines and appliances

8469 00

Typewriters other than printers of heading 8443 ; word-processing machines

8470

Calculating machines and pocket-size data-recording, reproducing and displaying machines with calculating functions; accounting machines, postage-franking machines, ticket-issuing machines and similar machines, incorporating a calculating device; cash registers

8471

Automatic data-processing machines and units thereof; magnetic or optical readers, machines for transcribing data onto data media in coded form and machines for processing such data, not elsewhere specified or included

8472

Other office machines (for example, hectograph or stencil duplicating machines, addressing machines, automatic banknote dispensers, coinsorting machines, coin-counting or -wrapping machines, pencil-sharpening machines, perforating or stapling machines)

8473

Parts and accessories (other than covers, carrying cases and the like) suitable for use solely or principally with machines of headings 8469 to 8472

8474

Machinery for sorting, screening, separating, washing, crushing, grinding, mixing or kneading earth, stone, ores or other mineral substances, in solid (including powder or paste) form; machinery for agglomerating, shaping or moulding solid mineral fuels, ceramic paste, unhardened cements, plastering materials or other mineral products in powder or paste form; machines for forming foundry moulds of sand

8475

Machines for assembling electric or electronic lamps, tubes or valves or flashbulbs, in glass envelopes; machines for manufacturing or hot working glass or glassware

8476

Automatic goods-vending machines (for example, postage stamp, cigarette, food or beverage machines), including money-changing machines

8477

Machinery for working rubber or plastics or for the manufacture of products from these materials, not specified or included elsewhere in this chapter

8478

Machinery for preparing or making up tobacco, not specified or included elsewhere in this chapter

8479

Machines and mechanical appliances having individual functions, not specified or included elsewhere in this chapter

8480

Moulding boxes for metal foundry; mould bases; moulding patterns; moulds for metal (other than ingot moulds), metal carbides, glass, mineral materials, rubber or plastics

8481

Taps, cocks, valves and similar appliances for pipes, boiler shells, tanks, vats or the like, including pressure-reducing valves and thermostatically controlled valves

8482

Ball or roller bearings

8483

Transmission shafts (including cam shafts and crank shafts) and cranks; bearing housings and plain shaft bearings; gears and gearing; ball or roller screws; gear boxes and other speed changers, including torque converters; flywheels and pulleys, including pulley blocks; clutches and shaft couplings (including universal joints)

8484

Gaskets and similar joints of metal sheeting combined with other material or of two or more layers of metal; sets or assortments of gaskets and similar joints, dissimilar in composition, put up in pouches, envelopes or similar packings; mechanical seals

8486

Machines and apparatus of a kind used solely or principally for the manufacture of semiconductor boules or wafers, semiconductor devices, electronic integrated circuits or flat panel displays; machines and apparatus specified in note 9(C) to this chapter; parts and accessories

8487

Machinery parts, not containing electrical connectors, insulators, coils, contacts or other electrical features, not specified or included elsewhere in this chapter

8501

Electric motors and generators (excluding generating sets)

8502

Electric generating sets and rotary converters

8503

Parts suitable for use solely or principally with electric motors and generators, electric generating sets or rotary converters not specified elsewhere

8504

Electrical transformers, static converters (for example, rectifiers) and inductors; parts thereof

8505

Electromagnets (other than for medical use); permanent magnets and articles intended to become permanent magnets after magnetisation; electromagnetic or permanent magnet chucks, clamps and similar holding devices; electromagnetic couplings, clutches and brakes; electromagnetic lifting heads; parts thereof

8507

Electric accumulators, incl. separators therefor, whether or not square or rectangular; parts thereof (excl. spent and those of unhardened rubber or textiles)

8511

Electrical ignition or starting equipment of a kind used for spark-ignition or compression-ignition internal combustion engines (for example, ignition magnetos, magneto-dynamos, ignition coils, sparking plugs and glow plugs, starter motors); generators (for example, dynamos, alternators) and cut-outs of a kind used in conjunction with such engines; parts thereof

8514

Industrial or laboratory electric furnaces and ovens (including those functioning by induction or dielectric loss); other industrial or laboratory equipment for the heat treatment of materials by induction or dielectric loss; parts thereof

8515

Electric (including electrically heated gas), laser or other light or photon beam, ultrasonic, magnetic pulse or plasma arc soldering, brazing or welding machines and apparatus, whether or not capable of cutting; electric machines and apparatus for hot spraying of metals, metal carbides or cermets; parts thereof (excl. guns for spraying hot materials)

8525

Transmission apparatus for radio-broadcasting or television, whether or not incorporating reception apparatus or sound recording or reproducing apparatus; television cameras, digital cameras and video camera recorders

8526

Radar apparatus, radio navigational aid apparatus and radio remote control apparatus

8527

Reception apparatus for radio-broadcasting, whether or not combined, in the same housing, with sound recording or reproducing apparatus or a clock

8528

Monitors and projectors, not incorporating television reception apparatus; reception apparatus for television, whether or not incorporating radio- broadcast receivers or sound or video recording or reproducing apparatus

8529

Parts suitable for use solely or principally with the apparatus of headings 8525 to 8528

8530

Electrical signalling, safety or traffic control equipment for railways, tramways, roads, inland waterways, parking facilities, port installations or airfields; parts thereof (other than mechanical or electromechanical equipment of heading 8608 )

8531

Electric sound or visual signalling apparatus; parts thereof (for example, bells, sirens, indicator panels, burglar or fire alarms) (excl. those for cycles, motor vehicles and traffic signalling)

8532

Electrical capacitators, fixed, variable or adjustable (pre-set); parts thereof

8533

Electrical resistors (including rheostats and potentiometers), other than heating resistors; parts thereof

8534

Printed circuits

8535

Electrical apparatus for switching or protecting electrical circuits, or for making connections to or in electrical circuits (for example, switches, fuses, lightning arresters, voltage limiters, surge suppressors, plugs and other connectors, junction boxes), for a voltage exceeding 1 000 V (excl. control desks, cabinets, panels, etc. of heading 8537 )

8536

Electrical apparatus for switching or protecting electrical circuits, or for making connections to or in electrical circuits (for example, switches, relays, fuses, surge suppressors, plugs, sockets, lamp holders, junction boxes), for a voltage not exceeding 1 000 V (excl. control desks, cabinets, panels, etc. of heading 8537 )

8537

Boards, panels, consoles, desks, cabinets and other bases, equipped with two or more apparatus of headings 8535 or 8536 , for electric control or the distribution of electricity, including those incorporating instruments or apparatus of Chapter 90, and numerical control cabinets (excl. switching apparatus for line telephony or line telegraphy or videophones)

8538

Parts suitable for use solely or principally with the apparatus of headings 8535 , 8536 or 8537 not specified elsewhere

8539

Electric filament or discharge lamps, including sealed beam lamp units and ultraviolet or infra-red lamps; arc lamps; parts thereof

8540

Thermionic, cold cathode or photocathode valves and tubes (for example, vacuum or vapour or gas filled valves and tubes, mercury arc rectifying valves and tubes, cathode ray tubes, television camera tubes); parts thereof

8541

Diodes, transistors and similar semiconductor devices; photosensitive semiconductor devices, incl. photovoltaic cells whether or not assembled in modules or made up into panels (excl. photovoltaic generators); light emitting diodes, mounted piezoelectric crystals; parts thereof

8542

Electronic integrated circuits; parts thereof

8543

Electrical machines and apparatus, having individual functions, not specified elsewhere in Chapter 85; parts thereof

8544

Insulated (incl. enamelled or anodised) wire, cable (incl. coaxial cable) and other insulated electric conductors, whether or not fitted with connectors; optical fibre cables, made up of individually sheathed fibres, whether or not assembled with electric conductors or fitted with connectors

8545

Carbon electrodes, carbon brushes, lamp carbons, battery carbons and other articles of graphite or other carbon, with or without metal, of a kind used for electrical purposes

8546

Electrical insulators of any material (excl. insulating fittings)

8547

Insulating fittings for electrical machines, appliances or equipment, being fittings wholly of insulating material apart from any minor components of metal (for example, threaded sockets) incorporated during moulding solely for purposes of assembly, other than insulators of heading 8546 ; electrical conduit tubing and joints therefor, of base metal lined with insulating material

8548

Waste and scrap of primary cells, primary batteries and electric accumulators; spent primary cells, spent primary batteries and spent electric accumulators; electrical parts of machinery or apparatus, not specified elsewhere in Chapter 85

 

Confidential products under Chapter 85; goods under Chapter 85 transported by post or by parcel post (extra)/reconstituted code for statistical distribution

Chapter 86

Railway or tramway locomotives, rolling stock and parts thereof; railway or tramway track fixtures and fittings and parts thereof; mechanical (including electromechanical) traffic signalling equipment of all kinds

8701

Tractors (other than tractors of heading 8709 )

8702

Motor vehicles for the transport of ten or more persons, including the driver

8704

Motor vehicles for the transport of goods

8705

Special purpose motor vehicles, other than those principally designed for the transport of persons or goods (for example, breakdown lorries, crane lorries, fire fighting vehicles, concrete-mixer lorries, road sweeper lorries, spraying lorries, mobile workshops, mobile radiological units)

8706 00

Chassis fitted with engines, for the motor vehicles of headings 8701 to 8705

8709

Works trucks, self-propelled, not fitted with lifting or handling equipment, of the type used in factories, warehouses, dock areas or airports for short distance transport of goods; tractors of the type used on railway station platforms; parts of the foregoing vehicles

8710 00 00

Tanks and other armoured fighting vehicles, motorised, whether or not fitted with weapons, and parts of such vehicles

8716

Trailers and semi-trailers; other vehicles, not mechanically propelled; parts thereof

Chapter 88

Aircraft, spacecraft, and parts thereof

Chapter 89

Ships, boats and floating structures

Chapter 98

Complete industrial plant

7106

Silver (including silver plated with gold or platinum), unwrought or in semi-manufactured forms, or in powder form

7107

Base metals clad with silver, not further worked than semi-manufactured

7108

Gold (including gold plated with platinum), unwrought or in semi- manufactured forms, or in powder form

7109

Base metals or silver, clad with gold, not further worked than semi- manufactured

7110

Platinum, unwrought or in semi-manufactured forms, or in powder form

7111

Base metals, silver or gold, clad with platinum, not further worked than semi-manufactured

7112

Waste and scrap of precious metal or of metal clad with precious metal; other waste and scrap containing precious metal or precious-metal compounds, of a kind used principally for the recovery of precious metal

9013

Liquid crystal devices not constituting articles provided for more specifically in other headings; lasers, other than laser diodes; other optical appliances and instruments, not specified or included elsewhere in this chapter

9014

Direction finding compasses; other navigational instruments and appliances

9015

Surveying (including photogrammetrical surveying), hydrographic, oceanographic, hydrological, meteorological or geophysical instruments and appliances, excluding compasses; rangefinders

9025

Hydrometers and similar floating instruments, thermometers, pyrometers, barometers, hygrometers and psychrometers, recording or not, and any combination of these instruments

9026

Instruments and apparatus for measuring or checking the flow, level, pressure or other variables of liquids or gases (for example, flow meters, level gauges, manometers, heat meters), excluding instruments and apparatus of heading 9014 , 9015 , 9028 or 9032

9027

Instruments and apparatus for physical or chemical analysis (for example, polarimeters, refractometers, spectrometers, gas or smoke analysis apparatus); instruments and apparatus for measuring or checking viscosity, porosity, expansion, surface tension or the like; instruments and apparatus for measuring or checking quantities of heat, sound or light (including exposure meters); microtomes

9028

Gas, liquid or electricity supply or production meters, including calibrating meters therefor

9029

Revolution counters, production counters, taximeters, milometers, pedometers and the like; speed indicators and tachometers, other than those of heading 9014 or 9015 ; stroboscopes

9030

Oscilloscopes, spectrum analysers and other instruments and apparatus for measuring or checking electrical quantities, excluding meters of heading 9028 ; instruments and apparatus for measuring or detecting alpha, beta, gamma, X-ray, cosmic or other ionising radiation

9031

Measuring or checking instruments, appliances and machines, not specified or included elsewhere in this chapter; profile projectors:

9032

Automatic regulating or controlling instruments and apparatus

9033

Parts and accessories (not specified or included elsewhere in this chapter) for machines, appliances, instruments or apparatus of Chapter 90