{
  "url": "https://openlegislation.uk/eu-regulation-2009-717/annex",
  "json_url": "https://openlegislation.uk/eu-regulation-2009-717/annex.json",
  "legislation": "eur/2009/717",
  "legislation_title": "Commission Regulation (EC) No 717/2009 of 4 August 2009 concerning the classification of certain goods in the Combined Nomenclature",
  "legislation_url": "https://openlegislation.uk/eu-regulation-2009-717",
  "path": "annex",
  "kind": "annex",
  "number": null,
  "heading": null,
  "text": "Description of the goods\nClassification(CN code)\nReasons\n(1)\n(2)\n(3)\n1.\nA handheld, battery-operated apparatus, foldable, with overall dimensions of approximately 8,7 cm (L) × 5,4 cm (W) × 1,8 cm (D), in a single housing having:\nan alpha-numeric keyboard of a kind used in cellular phones;\none colour display of the liquid crystal device (LCD) type with a diagonal measurement of the screen of approximately 5 cm (2 inches);\na second rectangular colour display of the LCD type with a diagonal measurement of the screen of 2 cm (0,8 inch);\na 2 megapixels digital camera with a digital zoom;\na slot for a solid state non-volatile storage card not exceeding 4 GB; and\na USB (Universal Serial Bus) port for recharging the battery, for data exchange and for connecting external earphones.\nThe apparatus comprises:\na microprocessor;\nmicrophone and loudspeaker;\nan in-built memory of 128 MB; and\na television receiver of the DVB-T type.\nThe apparatus has an integrated operating system for mobile telephony over the cellular network which can be activated when a SIM card is inserted into the apparatus.\nThe apparatus has the following functions:\nmobile phone communication over the cellular network;\nwireless transmission and reception of images or other data (such as SMS (Short Message Service), MMS (Multimedia Messaging Service), e-mail, etc.);\nrecording and reproducing of sound as well as still and video images; and\nreception of television signals (DVB-T).\nThe apparatus also functions using other wireless communication protocols such as ‘Bluetooth’.\n8517 12 00\nClassification is determined by General Rules 1 and 6 for the interpretation of the Combined Nomenclature, Note 3 to Section XVI and by the wording of CN codes 8517 and 8517 12 00.\nThe apparatus is a composite machine consisting of different components.\nGiven that the apparatus is designed to be equipped with a SIM (Subscriber Identity Module) and given that, when equipped with an activated SIM, the mobile telephony function takes precedence over all the other functions of the apparatus (in particular, the incoming calls override all other functions used), the principal function of the apparatus within the meaning of Note 3 to Section XVI is considered to be that of mobile phone communication over a cellular network as provided for in heading 8517 (subheading 8517 12 00).\nThe apparatus is therefore to be classified under subheading 8517 12 00 as a telephone for cellular networks according to the component that performs the apparatus’ principal function.\n2.\nA handheld, battery-operated apparatus, foldable, with overall dimensions of approximately 10,9 cm (L) × 5,9 cm (W) × 1,9 cm (D), in a single housing having:\na colour display of the liquid crystal device (LCD) type with a diagonal measurement of the screen of approximately 7 cm (2,8 inches), which incorporates an alpha-numeric keyboard of the touch screen type;\na 1,92 megapixels digital camera with an optical zoom;\na slot for a solid state non-volatile storage card not exceeding 4 GB; and\na USB (Universal Serial Bus) port; and\na port for recharging the battery.\nThe apparatus comprises:\na microprocessor;\nmicrophone and loudspeaker;\nan in-built random-access memory with a storage capacity of 64 MB;\nan in-built electrically erasable, programmable, read only memory with a storage capacity of 256 MB;\nan antenna for the reception of radio navigational signals from satellites, and\na GPS (Global Positioning System) module.\nThe apparatus has an integrated operating system for mobile telephony over the cellular network which can be activated when a SIM card is inserted into the apparatus.\nThe apparatus has the following functions:\nmobile phone communication over the cellular network;\nwireless transmission and reception of images or other data (such as SMS (Short Message Service), MMS (Multimedia Messaging Service), e-mail, etc.);\npersonal digital assistant;\nrecording and reproducing of sound as well as still and video images; and\na radio navigation satellite system in the form of a Global Positioning System (GPS).\nThe apparatus also functions using other wireless communication protocols such as ‘Bluetooth’ and wireless LAN (local area network) (802.11b + g).\n8517 12 00\nClassification is determined by General Rules 1 and 6 for the interpretation of the Combined Nomenclature, Note 3 to Section XVI and by the wording of CN codes 8517 and 8517 12 00.\nThe apparatus is a composite machine consisting of different components.\nGiven that the apparatus is designed to be equipped with a SIM (Subscriber Identity Module) and given that, when equipped with an activated SIM, the mobile telephony function takes precedence over all the other functions of the apparatus (in particular, the incoming calls override all other functions used), the principal function of the apparatus within the meaning of Note 3 to Section XVI is considered to be that of mobile phone communication over a cellular network as provided for in heading 8517 (subheading 8517 12 00).\nThe apparatus is therefore to be classified under subheading 8517 12 00 as a telephone for cellular networks according to the component that performs the apparatus’ principal function.\n3.\nA handheld, battery-operated apparatus, with overall dimensions of approximately 11,1 cm (H) × 6,18 cm (W) × 0,85 cm (D), in a single housing having:\nan alpha-numeric keyboard of a kind used in cellular phones of the touch screen type;\na color display of the liquid crystal device (LCD) type with a diagonal measurement of the screen of approximately 8,9 cm (3,5 inches) and a wide screen format;\na 2 megapixels digital camera;\na USB (Universal Serial Bus) port; and\na port for recharging the battery.\nThe apparatus comprises:\na microprocessor;\nmicrophone and loudspeaker;\nan in-built flash memory of 16 GB; and\nan antenna for the reception of radio navigational signals from satellites.\nThe apparatus has an integrated operating system for mobile telephony over the cellular network which can be activated when a SIM card is inserted into the apparatus.\nThe apparatus has the following functions:\nmobile phone communication over the cellular network;\nwireless transmission and reception of images or other data (such as SMS (Short Message Service), MMS (Multimedia Messaging Service), e-mail, etc.);\nrecording and reproducing of sound as well as still and video images; and\na radio navigation satellite system in the form of a Global Positioning System (GPS).\nThe apparatus also functions using other wireless communication protocols such as ‘Bluetooth’ and wireless LAN (local area network) (802.11b + g).\n8517 12 00\nClassification is determined by General Rules 1 and 6 for the interpretation of the Combined Nomenclature, Note 3 to Section XVI and by the wording of CN codes 8517 and 8517 12 00.\nThe apparatus is a composite machine consisting of different components.\nGiven that the apparatus is designed to be equipped with a SIM and given that, when equipped with an activated SIM (Subscriber Identity Module), the mobile telephony function takes precedence over all the other functions of the apparatus (in particular, the incoming calls override all other functions used), the principal function of the apparatus within the meaning of Note 3 to Section XVI is considered to be that of mobile phone communication over a cellular network as provided for in heading 8517 (subheading 8517 12 00).\nThe apparatus is therefore to be classified under subheading 8517 12 00 as a telephone for cellular networks according to the component that performs the apparatus’ principal function.",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/eur/2009/717/annex",
    "retrieved_at": "2026-11-01T14:51:20.610981+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}