Commission Delegated Regulation (EU) 2015/2446 of 28 July 2015 supplementing Regulation (EU) No 952/2013 of the European Parliament and of the Council as regards detailed rules concerning certain provisions of the Union Customs Code
Where Union goods are stored together with non-Union goods in a storage facility for customs warehousing and it is impossible or would only be possible at a disproportionate cost to identify at all times each type of goods (common storage), the authorisation as referred to in Article 211(1)(b) of the Code shall establish that accounting segregation shall be carried out with regard to each type of goods, customs status and, where appropriate, origin of goods.
Union goods stored together with non-Union goods in a storage facility as referred to in paragraph 1 shall share the same eight-digit CN code, the same commercial quality and the same technical characteristics.
For the purposes of paragraph 2, non-Union goods which would be subject, at the time where they would be going to be stored together with Union goods, to a provisional or definitive anti-dumping duty, a countervailing duty, a safeguard measure or an additional duty resulting from a suspension of concessions if they were declared for release for free circulation, shall not be considered to have the same commercial quality as the Union goods .
Paragraph 3 shall not apply where non-Union goods are stored together with Union goods which were previously declared as non-Union goods for release for free circulation and for which the duties referred to in paragraph 3 have been paid.
Article 177a
Mixed storage of products subject to customs supervision under end-use
(Article 211(1) of the Code)
The end-use authorisation as referred to in Article 211(1)(a) of the Code shall establish means and methods of identification and of customs supervision for mixed storage of products subject to customs supervision falling within Chapters 27 and 29 of the Combined Nomenclature or of such products with crude petroleum oils falling within CN code 2709 00 .
Where the products referred to in the first paragraph do not fall within the same eight-digit CN code, or do not share the same commercial quality and the same technical and physical characteristics, mixed storage may be allowed only where the whole mixture is to undergo one of the treatments referred to in Additional Note 5 to Chapter 27 of the Combined Nomenclature.
Section 3 Other provisions
Article 178
Records
(Articles 211(1) and 214(1) of the Code)
The records referred to in Article 214(1) of the Code shall contain the following:
- (a) where appropriate, the reference to the authorisation required for placing the goods under a special procedure;
- (b) the MRN or, where it does not exist, any other number or code identifying the customs declarations by means of which the goods are placed under the special procedure and, where the procedure has been discharged in accordance with Article 215(1) of the Code, information about the manner in which the procedure was discharged;
- (c) data that unequivocally allows the identification of customs documents other than customs declarations, of any other documents relevant to the placing of goods under a special procedure and of any other documents relevant to the corresponding discharge of the procedure;
- (d) particulars of marks, identifying numbers, number and kind of packages, the quantity and usual commercial or technical description of the goods and, where relevant, the identification marks of the container necessary to identify the goods;
- (e) location of goods and information about any movement thereof;
- (f) customs status of goods;
- (g) particulars of usual forms of handling and, where applicable, the new tariff classification resulting from those usual forms of handling;
- (h) particulars of temporary admission or end-use;
- (i) particulars of inward or outward processing including information about the nature of the processing;
- (j) where Article 86(1) of the Code applies, the costs for storage or usual forms of handling;
- (k) the rate of yield or its method of calculation, where appropriate;
- (l) particulars enabling customs supervision and controls of the use of equivalent goods in accordance with Article 223 of the Code;
- (m) where accounting segregation is required, information about type of goods, customs status and, where appropriate, origin of the goods;
- (n) in the cases of temporary admission referred to in Article 238, the particulars required by that Article;
- (o) in the cases of inward processing referred to in Article 241, the particulars required by that Article;
- (p) where appropriate, particulars of any transfer of rights and obligations in accordance with Article 218 of the Code;
- (q) where the records are not part of the main accounts for customs purposes, a reference to those main accounts for customs purposes;
- (r) additional information for special cases, at the request of the customs authorities for justified reasons.
In the case of free zones, the records shall, in addition to the information provided for in paragraph 1, contain the following:
- (a) particulars identifying the transport documents for the goods entering or leaving the free zones;
- (b) particulars concerning the use or consumption of goods of which the release for free circulation or temporary admission would not entail application of import duty or measures laid down under the common agricultural or commercial policies in accordance with Article 247(2) of the Code.
The customs authorities may waive the requirement for some of the information provided for in paragraphs 1 and 2, where this does not adversely affect the customs supervision and controls of the use of a special procedure.
In the case of temporary admission, records shall be kept only if required by the customs authorities.
Article 179
Movement of goods between different places in the customs territory of the Union
(Article 219 of the Code)
Movement of goods placed under inward processing, temporary admission or end-use may take place between different places in the customs territory of the Union without customs formalities other than those set out in Article 178(1)(e).
Movement of goods placed under outward processing may take place within the customs territory of the Union from the customs office of placement to the customs office of exit.
Movement of goods placed under customs warehousing may take place within the customs territory of the Union without customs formalities other than those set out in Article 178(1)(e) as follows:
- (a) between different storage facilities designated in the same authorisation;
- (b) from the customs office of placement to the storage facilities; or
- (c) from the storage facilities to the customs office of exit or any customs office indicated in the authorisation for a special procedure as referred to in Article 211(1) of the Code, empowered to release goods to a subsequent customs procedure or to receive the re-export declaration for the purposes of discharging the special procedure.
Movements under customs warehousing shall end within 30 days after goods have been removed from the customs warehouse.
At the request of the holder of the procedure, the customs authorities may extend the 30-day period.
Where goods are moved under customs warehousing from the storage facilities to the customs office of exit, the records referred to in Article 214(1) of the Code shall provide information about the exit of the goods within 100 days after the goods have been removed from the customs warehouse.
At the request of the holder of the procedure, the customs authorities may extend the 100-day period.
Article 180
Usual forms of handling
(Article 220 of the Code)
The usual forms of handling provided for in Article 220 of the Code shall be those set out in Annex 71-03.
Article 181
Standardised exchange of information
(Article 6(2) of the Code)
The supervising customs office shall make the relevant data elements set out in Section A of Annex 71-05 available in the electronic system set up pursuant to Article 16(1) of the Code for the purposes of standardised exchange of information (INF), for:
- (a) inward processing EX/IM or outward processing EX/IM which involves one or more than one Member State;
- (b) inward processing IM/EX or outward processing IM/EX which involves more than one Member State.
Where the responsible customs authority as referred to in Article 101(1) of the Code has requested a standardised exchange of information between customs authorities with regard to goods placed under inward processing IM/EX which involves only one Member State, the supervising customs office shall make the relevant data elements set out in Section B of Annex 71-05 available in the electronic system set up pursuant to Article 16(1) of the Code for the purposes of INF.
Where a customs declaration or re-export declaration or re-export notification refers to an INF, the competent customs authorities shall make the specific data elements set out in Section A of Annex 71-05 available in the electronic system set up pursuant to Article 16(1) of the Code for the purposes of INF.
The customs authorities shall disclose updated information concerning the INF to the holder of the authorisation at his request.
Until the dates of deployment of the UCC Information Sheets (INF) for Special Procedures system referred to in the Annex to Implementing Decision 2014/255/EU, by derogation from paragraph 1 of this Article, means other than electronic data processing techniques may be used.
Article 182
Customs status of animals born of animals placed under a special procedure
(Article 153(3) of the Code)
Where the total value of animals, born in the customs territory of the Union of animals subject to one customs declaration and placed under the storage procedure, the temporary admission procedure or the inward processing procedure, exceeds EUR 100, those animals shall be deemed to be non-Union goods and to be placed under the same procedure as the animals of which they were born.
Article 183
Waiver from the obligation to lodge a supplementary declaration
(Article 167(2)(b) of the Code)
The obligation to lodge a supplementary declaration shall be waived for goods for which a special procedure other than transit has been discharged by placing them under a subsequent special procedure other than transit provided that all of the following conditions are fulfilled:
- (a) the holder of the authorisation of the first and subsequent special procedure is the same person;
- (b) the customs declaration for the first special procedure was lodged in the standard form, or the declarant has lodged a supplementary declaration in accordance with the first sub-paragraph of Article 167(1) of the Code in respect of the first special procedure;
- (c) the first special procedure is discharged by the placement of goods under a subsequent special procedure other than end-use or inward processing, following the lodging of a customs declaration in the form of an entry in the declarant's records .
CHAPTER 2 Transit
Section 1 External and internal transit procedure
Article 184
Means of communication of the MRN of a transit operation and of the MRN of a TIR operation to the customs authorities
(Article 6(3)(a) of the Code)
The MRN of a transit declaration or of a TIR operation may be submitted to the customs authorities by any of the following means other than electronic data-processing techniques:
- (a) a bar code;
- (b) a transit accompanying document;
- (c) a transit/security accompanying document;
- (d) in case of a TIR operation, a TIR carnet;
- (e) other means as allowed by the receiving customs authority.
Until the dates of the upgrading of the New Computerised Transit System referred to in the Annex to Implementing Decision 2014/255/EU, the MRN of a transit declaration shall be submitted to the customs authorities by the means referred to in points (b) and (c) of the first paragraph.
Article 185
Transit accompanying document and transit/security accompanying document
(Article 6(2) of the Code)
The common data requirements for the transit accompanying document and, if necessary, for the list of items, and for the transit/security accompanying document and the transit/security list of items are set out in Annex B-02.
Article 186
Applications for the status of authorised consignee for TIR operations
(Article 22(1) 3rd subparagraph of the Code)
For the purposes of TIR operations, applications for the status of authorised consignee referred to in Article 230 of the Code shall be submitted to the customs authority competent to take the decision in the Member State where the TIR operations of the applicant are due to be terminated.
Article 187
Authorisations for the status of authorised consignee for TIR operations
(Article 230 of the Code)
The status of authorised consignee laid down in Article 230 of the Code shall be granted to applicants fulfilling the following conditions:
- (a) the applicant is established in the customs territory of the Union;
- (b) the applicant declares that he will regularly receive goods moved under a TIR operation;
- (c) the applicant fulfils the criteria laid down in Article 39(a), (b) and (d) of the Code.
The authorisations shall only be granted provided that the customs authority considers that it will be able to supervise the TIR operations and carry out controls without an administrative effort disproportionate to the requirements of the person concerned.
The authorisation concerning the status of authorised consignee shall apply to TIR operations that are due to be terminated in the Member State where the authorisation was granted, at the place or places in that Member State specified in the authorisation.
Section 2 External and internal Union transit procedure
Article 188
Special fiscal territories
(Article 1(3) of the Code)
Where Union goods are moved from a special fiscal territory to another part of the customs territory of the Union, which is not a special fiscal territory, and that movement ends at a place situated outside the Member State where they entered that part of the customs territory of the Union, those Union goods shall be moved under the internal Union transit procedure referred to in Article 227 of the Code.
In situations other than those covered by paragraph 1, the internal Union transit procedure may be used for Union goods moved between a special fiscal territory and another part of the customs territory of the Union.
Article 189
Application of the external transit procedure in specific cases
(Article 226(2) of the Code)
Where Union goods are exported to a third country which is a contracting party to the Convention on a common transit procedure or where Union goods are exported and pass through one or more common transit countries and the provisions of the Convention on a common transit procedure apply, the goods shall be placed under the external transit procedure referred to in Article 226(2) of the Code in the following cases:
- (a) the Union goods have undergone customs export formalities with a view to refunds being granted on export to third countries under the common agricultural policy;
- (b) the Union goods have come from intervention stocks, they are subject to measures of control as to their use or destination, and they have undergone customs formalities on export to third countries under the common agricultural policy;
- (c) the Union goods are eligible for repayment or remission of import duty in accordance with Article 118(1) of the Code.
Union goods which are eligible for the repayment or remission of import duty in accordance with Article 118(1) of the Code may be placed under the external transit procedure referred to in Articles 118(4) and 226(2) of the Code.
Where Union goods are exported to a third country and moved within the customs territory of the Union under a TIR operation or under a transit procedure in accordance with the ATA Convention or the Istanbul Convention, the goods shall be placed under the external transit procedure referred to in Article 226(2) of the Code.
Where goods referred to in Article 1 of Directive 2008/118/EC having the customs status of Union goods are exported, those goods may be placed under the external transit procedure referred to in Article 226(2) of the Code.
Article 190
Receipt endorsed by the customs office of destination
(Article 6(3)(a) of the Code)
A receipt endorsed by the customs office of destination at the request of the person presenting the goods and the information required by that office shall contain the data referred to in Annex 72-03.
Article 191
General provisions on authorisations of simplifications
(Article 233(4) of the Code)
Authorisations referred to in Article 233(4) of the Code shall be granted to applicants fulfilling the following conditions:
- (a) the applicant is established in the customs territory of the Union,
- (b) the applicant declares that he will regularly use the Union transit arrangements;
- (c) the applicant fulfils the criteria laid down in Article 39(a), (b) and (d) of the Code.
The authorisations shall only be granted provided that the customs authority considers that it will be able to supervise the Union transit procedure and carry out controls without an administrative effort disproportionate to the requirements of the person concerned.
Article 192
Applications for the status of authorised consignor for placing goods under the Union transit procedure
(Article 22(1) 3rd subparagraph of the Code)
For the purposes of placing goods under the Union transit procedure, applications for the status of authorised consignor referred to in Article 233(4)(a) of the Code shall be submitted to the customs authority competent to take the decision in the Member State where the Union transit operations of the applicant are due to begin.
Article 193
Authorisations for the status of authorised consignor for placing goods under the Union transit procedure
(Article 233(4)(a) of the Code)
The status of authorised consignor referred to in Article 233(4)(a) of the Code shall only be granted to applicants who are authorised in accordance with Article 89(5) of the Code to provide a comprehensive guarantee or to use a guarantee waiver in accordance with Article 95(2) of the Code.
Article 194
Applications for the status of authorised consignee for receiving goods moved under the Union transit procedure
(Article 22(1) 3rd subparagraph of the Code)
For the purposes of receiving goods moved under the Union transit procedure, applications for the status of authorised consignee referred to in Article 233(4)(b) of the Code shall be submitted to the customs authority competent to take the decision in the Member State where the Union transit operations of the applicant are due to be ended.
Article 195
Authorisations for the status of authorised consignee for receiving goods moved under the Union transit procedure
(Article 233(4)(b) of the Code)
The status of authorised consignee referred to in Article 233(4)(b) of the Code shall only be granted to applicants who declare that they will regularly receive goods that have been placed under a Union transit procedure.
Article 196
Receipt issued by authorised consignee
(Article 6(3)(a) of the Code)
A receipt issued by the authorised consignee to the carrier upon delivering the goods and the information required shall contain the data referred to in Annex 72-03.
Article 197
Authorisation for use of seals of a special type
(Article 233(4)(c) of the Code)
Authorisations in accordance with Article 233(4)(c) of the Code to use seals of a special type on means of transport, containers or packages used for the Union transit procedure shall be granted where the customs authorities approve the seals set out in the application for the authorisation.
The customs authority shall accept in the context of authorisation the seals of a special type that have been approved by the customs authorities of another Member State unless they have information that the particular seal is not suitable for customs purposes.
Article 197a
Applications for the use of seals of special type
(Article 22(1) 3rd subparagraph of the Code)
Where an authorised consignor or an economic operator who applies for the status of authorised consignor referred to in Article 233(4)(a) of the Code applies for an authorisation to use seals of a special type, as referred to in Article 233(4)(c) of the Code, the application may be submitted to the customs authority competent to take a decision in the Member State where the Union transit operations of the authorised consignor are due to begin.
Article 198
Authorisation for the use of a transit declaration with reduced data requirements
(Article 233(4)(d) of the Code)
Authorisations in accordance with Article 233(4)(d) of the Code to use a customs declaration with reduced data requirements to place goods under the Union transit procedure shall be granted for:
- (a) transport of goods by rail;
- (b) transport of goods by air and sea where an electronic transport document is not used as a transit declaration.
Article 199
Authorisations for the use of an electronic transport document as a transit declaration for air transport
(Article 233(4)(e) of the Code)
For the purposes of air transport, authorisations for the use of an electronic transport document as a transit declaration to place goods under the Union transit procedure in accordance with Article 233(4)(e) of the Code shall only be granted where:
- (a) the applicant operates a significant number of flights between Union airports;
- (b) the applicant demonstrates that he will be able to ensure that the particulars of the electronic transport document are available to the customs office of departure at the airport of departure and to the customs office of destination at the airport of destination and that those particulars are the same at the customs office of departure and the customs office of destination.
Article 200
Authorisations for the use of an electronic transport document as a transit declaration for maritime transport
(Article 233(4)(e) of the Code)
For the purposes of maritime transport, authorisations for the use of an electronic transport document as a transit declaration to place goods under the Union transit procedure in accordance with Article 233(4)(e) of the Code shall only be granted where:
- (a) the applicant operates a significant number of voyages between Union ports;
- (b) the applicant demonstrates that he will be able to ensure that the particulars of the electronic transport document are available to the customs office of departure in the port of departure and to the customs office of destination in the port of destination and that those particulars are the same at the customs office of departure and the customs office of destination.
CHAPTER 3 Customs warehousing
Article 201
Retail sale
(Article 211(1)(b) of the Code)
Authorisations for the operation of storage facilities for the customs warehousing of goods shall be granted on condition that the storage facilities are not used for the purpose of retail sale, unless goods are retailed in any of the following situations:
- (a) with relief from import duty to travellers to or from countries or territories outside the customs territory of the Union;
- (b) with relief from import duty to members of international organisations;
- (c) with relief from import duty to NATO forces;
- (d) with relief from import duty under diplomatic or consular arrangements;
- (e) remotely, including via the Internet.
Article 202
Specially equipped storage facilities
(Article 211(1)(b) of the Code)
Where goods present a danger or are likely to spoil other goods or require special facilities for other reasons, authorisations for the operation of storage facilities for the customs warehousing of goods may specify that the goods may only be stored in storage facilities specially equipped to receive them.
Article 203
Type of storage facilities
(Article 211(1)(b) of the Code)
Authorisations for the operation of storage facilities for the customs warehousing of goods shall specify which of the following types of customs warehouses is to be used under each authorisation:
- (a) public customs warehouse type I;
- (b) public customs warehouse type II;
- (c) private customs warehouse.
CHAPTER 4 Specific use
Section 1 Temporary admission
Subsection 1 General provisions
Article 204
General provisions
(Article 211(1)(a) of the Code)
Unless otherwise provided for, authorisations for the use of the temporary admission procedure shall be granted on condition that the state of the goods placed under the procedure remains the same.
However, repairs and maintenance, including overhaul and adjustments or measures to preserve the goods or to ensure their compliance with the technical requirements for their use under the procedure shall be admissible.
Article 205
Place for submitting an application
(Article 22(1) of the Code)
By way of derogation from the third subparagraph of Article 22(1) of the Code, an application for an authorisation for temporary admission shall be submitted to the customs authority competent for the place where the goods are to be first used.
By way of derogation from the third subparagraph of Article 22(1) of the Code, where an application for an authorisation for temporary admission is made by means of an oral customs declaration in accordance with Article 136, an act in accordance with Article 139 or an ATA or a CPD carnet in accordance with Article 163, it shall be made at the place where the goods are presented and declared for temporary admission.
Article 206
Temporary admission with partial relief from import duty
(Articles 211(1) and 250(2)(d) of the Code)
The authorisation for the use of the temporary admission procedure with partial relief from import duty shall be granted in respect of goods which do not meet all the relevant requirements for total relief from import duty laid down in Articles 209 to 216 and Articles 219 to 236.
The authorisation for the use of the temporary admission procedure with partial relief from import duty shall not be granted for consumable goods.
The authorisation for the use of the temporary admission procedure with partial relief from import duties shall be granted on condition that the amount of import duty due in accordance with the second subparagraph of Article 252(1) of the Code shall be paid when the procedure has been discharged.
Subsection 2 Means of transport, pallets and containers including their accessories and equipment
Article 207
General provisions
(Article 211(3) of the Code)
Total relief from import duty may be granted for goods as referred to in Articles 208 to 211 and Article 213 also where the applicant and the holder of the procedure are established inside the customs territory of the Union.
Where in this Subsection a commercial use of a means of transport is referred to, it shall mean the use of a means of transport for the transport of persons for remuneration or the use of a means of transport for the industrial or commercial transport of goods, whether or not for remuneration. A private use of a means of transport shall mean the use of a means of transport other than commercial.
Article 208
Pallets
(Article 250(2)(d) of the Code)
Total relief from import duty shall be granted for pallets.
Article 209
Spare parts, accessories and equipment for pallets
(Article 250(2)(d) of the Code)
Total relief from import duty shall be granted for spare parts, accessories and equipment for pallets where they are temporarily imported to be re-exported separately or as part of pallets.
Article 210
Containers
(Articles 18(2) and 250(2)(d) of the Code)
Total relief from import duties shall be granted for containers where they have been durably marked in an appropriate and clearly visible place with all of the following information:
- (a) the identification of the owner or operator, which may be shown either by its full name or by an established identification system, excluding symbols such as emblems or flags;
- (b) the identification marks and numbers of the container, given by the owner or operator;
- (c) the tare weight of the container, including all its permanently fixed equipment.
For freight containers considered for maritime use, or for any other container utilising an ISO standard prefix consisting of four capital letters ending in U, the identification of the owner or principal operator and the container serial number and check digit of the container shall adhere to International Standard ISO 6346 and its annexes.
Where the application for authorisation is made in accordance with Article 163(1), the containers shall be monitored by a person established in the customs territory of the Union or by a person established outside of the customs territory of the Union who is represented in the customs territory of the Union.
That person shall upon request supply to the customs authorities detailed information concerning the movements of each container granted temporary admission including the dates and places of its entry and discharge.
Article 211
Spare parts, accessories and equipment for containers
(Article 250(2)(d) of the Code)
Total relief from import duty shall be granted for spare parts, accessories and equipment for containers where they are temporarily imported to be re-exported separately or as part of containers.
Article 212
Conditions for granting total relief from import duty for means of transport
(Article 250(2)(d) of the Code)
For the purposes of this Article the term 'means of transport' shall include normal spare parts, accessories and equipment accompanying the means of transport.
Where means of transport are declared for temporary admission orally in accordance with Article 136(1) or by another act in accordance with Article 139(1), in conjunction with Article 141(1), the authorisation for temporary admission shall be granted to the person who has the physical control of the goods at the moment of the release of goods for the temporary admission procedure unless that person acts on behalf of another person. If so, the authorisation shall be granted to the latter person.
Total relief from import duty shall be granted for means of road, rail, air, sea and inland waterway transport where they fulfil the following conditions:
- (a) they are registered outside the customs territory of the Union in the name of a person established outside that territory or ,where the means of transport are not registered, they are owned by a person established outside the customs territory of the Union;
- (b) they are used by a person established outside the customs territory of the Union, without prejudice to Articles 214, 215 and 216.
Where those means of transport are used privately by a third person established outside the customs territory of the Union, total relief from import duty shall be granted provided that that person is duly authorised in writing by the holder of the authorisation.
Article 213
Spare parts, accessories and equipment for non-Union means of transport
(Article 250(2)(d) of the Code)
Total relief from import duty shall be granted for spare parts, accessories and equipment for means of transport where they are temporarily imported to be re-exported separately or as part of means of transport.
Article 214
Conditions for granting total relief from import duty to persons established in the customs territory of the Union
(Article 250(2)(d) of the Code)
Persons established in the customs territory of the Union shall benefit from total relief from import duty where any of the following conditions is fulfilled:
- (a) in the case of means of rail transport, they are put at the disposal of such persons under an agreement whereby each person may use the rolling stock of the other within the framework of that agreement;
- (b) in the case of means of road transport registered in the customs territory of the Union, a trailer is coupled to the means of transport;
- (c) the means of transport are used in connection with an emergency situation;
- (d) the means of transport are used by a professional hire firm for the purpose of re-export.
Article 215
Use of means of transport by natural persons who have their habitual residence in the customs territory of the Union
(Article 250(2)(d) of the Code)
Natural persons who have their habitual residence in the customs territory of the Union shall benefit from total relief from import duty in respect of means of transport which they use privately and occasionally, at the request of the registration holder, provided that the registration holder is in the customs territory of the Union at the time of use.
Natural persons who have their habitual residence in the customs territory of the Union shall benefit from total relief from import duty in respect of means of transport which they have hired under a written contract and use privately for one of the following purposes:
- (a) to return to their place of residence in the customs territory of the Union;
- (b) to leave the customs territory of the Union.
2a. Natural persons who have their habitual residence in the customs territory of the Union shall benefit from total relief from import duty in respect of means of road transport which they have hired under a written contract concluded with a professional car hire service and which they use privately.
Natural persons who have their habitual residence in the customs territory of the Union shall benefit from total relief from import duties in respect of means of transport which they use commercially or privately provided that they are employed by the owner, hirer or lessee of the means of transport and that the employer is established outside that customs territory.
Private use of the means of transport is allowed for journeys between the place of work and the place of residence of the employee or with the purpose of performing a professional task of the employee as stipulated in the contract of employment.
At the request of the customs authorities, the person using the means of transport shall present a copy of the contract of employment.
Article 216
Relief from import duty in respect of means of transport in other cases
(Article 250(2)(d) of the Code)
Total relief from import duty shall be granted where means of transport are to be registered under a temporary series in the customs territory of the Union, with a view to re-export in the name of one of the following persons:
- (a) a person established outside that territory;
- (b) a natural person who has his or her habitual residence inside that territory where that person is preparing to transfer normal residence to a place outside that territory.
Total relief from import duties may in exceptional cases be granted where means of transport are commercially used for a limited period by persons established in the customs territory of the Union.
Article 217
Time-limits for discharge of the temporary admission procedure in the case of means of transport and containers
(Article 215(4) of the Code)
The discharge of the temporary admission procedure in the case of means of transport and containers shall take place within the following time-limits from the time the goods are placed under the procedure:
- (a) for means of rail transport: 12 months;
- (b) for commercially used means of transport other than rail transport: the time required for carrying out the transport operations;
- (c) for means of road transport privately used:
- (i) by students: the period they stay in the customs territory of the Union for the sole purpose of pursuing their studies;
- (ii) by persons fulfilling assignments of a specified duration: the period they stay in the customs territory of the Union for the sole purpose of fulfilling their assignment;
- (iii) in other cases, including saddle or draught animals and the vehicles drawn by them: 6 months;
- (d) for privately used means of air transport: 6 months;
- (e) for privately used means of sea and inland waterway transport: 18 months;
- (f) for containers, their equipment and accessories: 12 months.
Article 218
Time-limits for re-export in the case of professional hire services
(Articles 211(1) and 215(4) of the Code)
Where a means of transport has been temporarily imported into the Union with total relief from import duty in accordance with Article 212, and has been returned to a professional hire service established in the customs territory of the Union, the re-export discharging the temporary admission procedure shall be carried out within six months of the date of entry of the means of transport into the customs territory of the Union.
Where the means of transport is rehired by the professional hire service to a person established outside that territory or to natural persons who have their habitual residence inside the customs territory of the Union, the re-export discharging the temporary admission procedure shall be carried out within six months of the date of entry of the means of transport into the customs territory of the Union and within three weeks of the conclusion of the contract on the rehiring.
The date of entry into the customs territory of the Union shall be deemed to be the date of conclusion of the hiring contract under which the means of transport was used at the time of entry into that territory, unless the actual date of entry has been proven.
An authorisation for the temporary admission of a means of transport as referred to in paragraph 1 shall be granted on condition that the means of transport is not used for other purposes than re-export.
In the case referred to in Article 215(2), the means of transport shall, within three weeks of the conclusion of the hiring or rehiring contract, be returned to the hire service established in the customs territory of the Union where the means of transport is used by the natural person to return to his place of residence in the customs territory of the Union, or be re-exported where the means of transport is used by him to leave the customs territory of the Union.
In the case referred to in Article 215(2a), the means of road transport shall be re-exported within 8 days of having been placed under the temporary admission procedure.
Subsection 3 Goods other than means of transport, pallets and containers
Article 219
Personal effects and goods for sports purposes imported by travellers
(Article 250(2)(d) of the Code)
Total relief from import duty shall be granted in respect of goods imported by travellers resident outside of the customs territory of the Union where any of the following conditions is fulfilled:
- (a) the goods are personal effects reasonably required for the journey;
- (b) the goods are intended to be used for sports purposes.
Article 220
Welfare material for seafarers
(Article 250(2)(d) of the Code)
Total relief from import duty shall be granted for welfare materials for seafarers in the following cases:
- (a) they are used on a vessel engaged in international maritime traffic;
- (b) they are unloaded from such a vessel and temporarily used ashore by the crew;
- (c) they are used by the crew of such a vessel in cultural or social establishments managed by non-profit-making organisations or in places of worship where services for seafarers are regularly held.
The applicant and the holder of the procedure may be established inside the customs territory of the Union.
Article 221
Disaster relief material
(Article 250(2)(d) of the Code)
Total relief from import duty shall be granted for disaster relief material where it is used in connection with measures taken to counter the effects of disasters or similar situations affecting the customs territory of the Union.
The applicant and the holder of the procedure may be established inside the customs territory of the Union.
Article 222
Medical, surgical and laboratory equipment
(Article 250(2)(d) of the Code)
Total relief from import duty shall be granted for medical, surgical and laboratory equipment which is dispatched on loan at the request of a hospital or other medical institution which has urgent need of such equipment to make up for the inadequacy of its own facilities and where it is intended for diagnostic or therapeutic purposes. The applicant and the holder of the procedure may be established inside the customs territory of the Union.
Article 223
Animals
(Article 250(2)(d) of the Code)
Total relief from import duty shall be granted for animals owned by a person established outside the customs territory of the Union.
The applicant and the holder of the procedure may be established in the customs territory of the Union.
Article 224
Goods for use in frontier zones
(Article 250(2)(d) of the Code)
Total relief from import duty shall be granted for the following goods intended to be used in frontier zones:
- (a) equipment owned and used by persons established in a frontier zone of a third country adjacent to the frontier zone in the Union where the goods are to be used;
- (b) goods used for projects for the building, repair or maintenance of infrastructure in such a frontier zone in the Union under the responsibility of public authorities.
The applicant and the holder of the procedure may be established inside the customs territory of the Union for goods mentioned in point (b).
Article 225
Sound-, image- or data-carrying media and publicity material
(Article 250(2)(d) of the Code)
Total relief from import duty shall be granted for the following goods:
- (a) media carrying sound, image or data supplied free of charge and used for the purposes of demonstration prior to commercialisation, producing sound track, dubbing or reproduction;
- (b) material used exclusively for publicity purposes, which includes means of transport specially equipped for those purposes.
Article 226
Professional equipment
(Article 250(2)(d) of the Code)
Total relief from import duty shall be granted for professional equipment which fulfils the following conditions:
- (a) it is owned by a person established outside the customs territory of the Union;
- (b) it is imported either by a person established outside the customs territory of the Union or by an employee of the owner established in the customs territory of the Union;
- (c) it is used by the importer or under their supervision, except in cases of audiovisual co-productions.
Notwithstanding paragraph 1, total relief from import duty shall be granted for portable musical instruments as well as their accessory instruments, apparatus or equipment referred to in Chapter 92, Note 1, point (b), of the combined nomenclature set out in Annex I to Regulation (EEC) No 2658/87, when those accessories are carried and used together with portable musical instruments and when portable musical instruments and those accessories are temporarily imported by travellers and intended to be used as professional equipment. The travellers may be resident inside or outside the customs territory of the Union.
Total relief from import duty shall not be granted in respect of professional equipment which is to be used for any of the following:
- (a) the industrial manufacture of goods;
- (b) the industrial packaging of goods;
- (c) the exploitation of natural resources;
- (d) the construction, repair or maintenance of buildings;
- (e) earth moving and like projects.
Points (c), (d) and (e) shall not apply to hand tools.
Article 227
Pedagogic material and scientific equipment
(Article 250(2)(d) of the Code)
Total relief from import duty shall be granted for pedagogic material and scientific equipment where the following conditions are fulfilled:
- (a) they are owned by a person established outside the customs territory of the Union;
- (b) they are imported by not-for-profit public or private scientific, teaching or vocational training establishments, and are exclusively used in teaching, vocational training or scientific research under the responsibility of the importing establishment;
- (c) they are imported in reasonable numbers, having regard to the purpose of the import;
- (d) they are not used for purely commercial purposes.
The applicant and the holder of the procedure may be established inside the customs territory of the Union.
Article 228
Packings and security and tracking devices
(Article 250(2)(d) of the Code)
Total relief from import duty shall be granted for the following goods:
- (a) packings imported filled and intended for re-export, whether empty or filled;
- (b) packings imported empty and intended for re-export, whether empty or filled;
- (c) security and tracking devices for cargo placed inside the packings or attached to the packings and intended for re-export.
The applicant and the holder of the procedure may be established in the customs territory of the Union.
Article 229
Moulds, dies, blocks, drawings, sketches, measuring, checking and testing instruments and other similar articles
(Article 250(2)(d) of the Code)
Total relief from import duty shall be granted for moulds, dies, blocks, drawings, sketches, measuring, checking and testing instruments and other similar articles where the following conditions are fulfilled:
- (a) they are owned by a person established outside the customs territory of the Union;
- (b) they are used in manufacturing by a person established in the customs territory of the Union and more than 50 % of the production resulting from their use is exported.
The applicant and the holder of the procedure may be established inside the customs territory of the Union.
Article 230
Special tools and instruments
(Article 250(2)(d) of the Code)
Total relief from import duty shall be granted for special tools and instruments where the following conditions are fulfilled:
- (a) they are owned by a person established outside the customs territory of the Union;
- (b) they are made available to a person established in the customs territory of the Union for the manufacture of goods and more than 50 % of the resulting goods is exported.
The applicant and the holder of the procedure may be established inside the customs territory of the Union.
Article 231
Goods used to carry out tests or subject to tests
(Article 250(2)(d) of the Code)
Total relief from import duty shall be granted for goods in any of the following situations:
- (a) they are subject to tests, experiments or demonstrations;
- (b) they are subject to a satisfactory acceptance test provided for in a sales contract;
- (c) they are used to carry out tests, experiments or demonstrations without financial gain.
The applicant and the holder of the procedure may be established in the customs territory of the Union.
Article 232
Samples
(Article 250(2)(d) of the Code)
Total relief from import duty shall be granted for samples solely used for being shown or demonstrated in the customs territory of the Union provided that the quantity of the samples is reasonable having regard to that use.
The applicant and the holder of the procedure may be established in the customs territory of the Union.
Article 233
Replacement means of production
(Article 250(2)(d) of the Code)
Total relief from import duty shall be granted for replacement means of production which are temporarily made available to a customer by a supplier or repairer pending the delivery or repair of similar goods.
The applicant and the holder of the procedure may be established in the customs territory of the Union.
Article 234
Goods for events or for sale in certain situations
(Article 250(2)(d) of the Code)
Total relief from import duty shall be granted for goods to be exhibited or used at a public event not purely organised for the commercial sale of the goods, or obtained at such events from goods placed under the temporary admission procedure.
In exceptional cases, the customs authorities may grant total relief from import duty for goods to be exhibited or used at other events, or obtained at such other events from goods placed under the temporary admission procedure.
Total relief from import duty shall be granted for goods delivered by the owner for inspection to a person in the Union who has the right to purchase them after inspection.
Total relief from import duty shall be granted for the following:
- (a) works of art, collector's items and antiques as defined in Annex IX to Directive 2006/112/EC, imported for the purposes of exhibition, with a view to possible sale;
- (b) goods other than newly manufactured ones imported with a view to their sale by auction.
The applicant and the holder of the procedure may be established in the customs territory of the Union.
Article 235
Spare parts, accessories and equipment
(Article 250(2)(d) of the Code)
Total relief from import duty shall be granted for spare parts, accessories and equipment which are used for repair and maintenance, including overhaul, adjustments and preservation, of goods placed under the temporary admission procedure.
The applicant and the holder of the procedure may be established in the customs territory of the Union.
Article 235a
Goods to be moved or used in the context of military activities
(Article 250(2)(d) of the Code)
Total relief from import duty shall be granted for goods to be moved or used in the context of military activities under cover of a NATO form 302 or an EU form 302.
The applicant and the holder of the procedure may be established inside the customs territory of the Union.
Article 236
Other goods
(Article 250(2)(d) of the Code)
Total relief from import duty may be granted for goods other than those referred to in Articles 208 to 216 and 219 to 235 or not complying with the conditions of those Articles, in either of the following situations:
- (a) the goods are imported occasionally for a period not exceeding three months;
- (b) the goods are imported in particular situations having no economic effect in the Union.
The applicant and the holder of the procedure may be established in the customs territory of the Union in the situations referred to under point (b).
Article 237
Special time-limits for discharge
(Article 215(4) of the Code)
For the goods referred to in Articles 231(c), 233 and 234(2), the time-limit for discharge shall be 6 months from the time the goods are placed under the temporary admission procedure.
For animals referred to in Article 223, the time-limit for discharge shall not be shorter than 12 months from the time the animals are placed under the temporary admission procedure.
For goods referred to in the first paragraph of Article 235a, the time limit for discharge shall be 24 months from the time the goods are placed under the temporary admission procedure, unless international agreements establish a longer time limit.
Subsection 4 Operation of the procedure
Article 238
Particulars to be included in the customs declaration
(Article 6(2) of the Code)
Where goods placed under the temporary admission procedure are subsequently placed under a customs procedure enabling the temporary admission procedure to be discharged in accordance with Article 215(1) of the Code, the customs declaration for the subsequent customs procedure other than by ATA/CPD carnet shall contain the indication ‘TA’ and the relevant authorisation number, if applicable.
Where goods placed under the temporary admission procedure are re-exported in accordance with Article 270(1) of the Code, the re-export declaration other than by ATA/CPD carnet shall contain the particulars referred to in paragraph 1.
Section 2 End-use
Article 239
Obligation of the holder of the end-use authorisation
(Article 211(1)(a) of the Code)
An authorisation for the use of the end-use procedure shall be granted provided that the holder of the authorisation undertakes to fulfil either of the following obligations:
- (a) to use the goods for the purposes laid down for the application of the duty exemption or reduced rate of duty;
- (b) to transfer the obligation as referred to in point (a) to another person under the conditions laid down by the customs authorities.
CHAPTER 5 Processing
Article 240
Authorisation
(Article 211 of the Code)
An authorisation for a processing procedure shall specify the measures to establish either of the following:
- (a) that the processed products have resulted from processing of goods placed under a processing procedure;
- (b) that the conditions for using equivalent goods in accordance with Article 223 of the Code or the standard exchange system in accordance with Article 261 of the Code are fulfilled.
An authorisation for inward processing may be granted for production accessories within the meaning of Article 5(37)(e) of the Code, with the exception of the following:
- (a) fuels and energy sources other than those needed for the testing of processed products or for the detection of faults in the goods placed under the procedure needing repair;
- (b) lubricants other than those needed for the testing, adjustment or withdrawal of processed products;
- (c) equipment and tools.
An authorisation for inward processing shall be granted only where the following conditions are fulfilled:
- (a) the goods cannot be economically restored after processing to their description or state as it was when they were placed under the procedure;
- (b) the use of the procedure cannot result in circumvention of the rules concerning origin and of quantitative restrictions applicable to the imported goods.
The first subparagraph shall not apply where the amount of import duty is determined in accordance with Article 86(3) of the Code.
Article 241
Particulars to be included in the customs declaration for inward processing
(Article 6(2) of the Code)
Where goods placed under the inward processing procedure or the resulting processed products are subsequently placed under a customs procedure enabling the inward processing procedure to be discharged in accordance with Article 215(1) of the Code, the customs declaration for the subsequent customs procedure other than by ATA/CPD carnet shall contain the indication ‘IP’ and the relevant authorisation number or INF number.
Where goods placed under the inward processing procedure are subject to specific commercial policy measures and such measures continue to be applicable at the time when the goods, whether in the form of processed products or not, are placed under a subsequent customs procedure, the customs declaration for the subsequent customs procedure shall contain the particulars referred to in the first subparagraph as well as the indication ‘C P M’.
Where goods placed under the inward processing procedure are re-exported in accordance with Article 270(1) of the Code, the re-export declaration shall contain the particulars referred to in paragraph 1.
Article 242
Outward processing IM/EX
(Article 211(1) of the Code)
In the case of outward processing IM/EX, the authorisation shall specify the time-limit within which the Union goods, which are replaced by equivalent goods, shall be placed under outward processing. That time-limit shall not exceed six months.
At the request of the holder of the authorisation, the time-limit may be extended even after its expiry, provided that the total time-limit does not exceed one year.
In the case of prior import of processed products, a guarantee shall be provided covering the amount of the import duty that would be payable should the replaced Union goods not be placed under outward processing in accordance with paragraph 1.
Article 243
Repair under outward processing
(Article 211(1) of the Code)
Where the outward processing procedure is requested for repair, the temporary export goods shall be capable of being repaired and the procedure shall not be used to improve the technical performance of the goods.
TITLE VIII GOODS TAKEN OUT OF THE CUSTOMS TERRITORY OF THE UNION
CHAPTER 1 Formalities prior to the exit of goods
Article 244
Time-limit for the lodging of pre-departure declarations
(Article 263(1) of the Code)
The pre-departure declaration referred to in Article 263 of the Code shall be lodged at the competent customs office within the following time-limits:
- (a) in the case of maritime traffic:
- (i) for containerised cargo movements other than those referred to in points (ii) and (iii), at the latest 24 hours before the goods are loaded onto the vessel on which they are to leave the customs territory of the Union;
- (ii) for containerised cargo movements between the customs territory of the Union and Greenland, the Faeroe Islands, Iceland or ports on the Baltic Sea, the North Sea, the Black Sea or the Mediterranean, all ports of Morocco and the ports of the United Kingdom of Great Britain and Northern Ireland, with the exception of ports located in Northern Ireland, and ports of the Channel Islands and the Isle of Man, at the latest two hours before departure from a port in the customs territory of the Union;
- (iii) for containerised cargo movements between the French overseas departments, the Azores, Madeira or the Canary Islands and a territory outside the customs territory of the Union, where the duration of the voyage is less than 24 hours, at the latest two hours before departure from a port in the customs territory of the Union;
- (iv) for movements not involving containerised cargo, at the latest 2 hours prior to departure from a port in the customs territory of the Union;
- (b) in the case of air traffic, at the latest 30 minutes prior to departure from an airport in the customs territory of the Union;
- (c) in the case of road and inland waterways traffic, at the latest one hour before the goods are to leave the customs territory of the Union;
- (d) in the case of rail traffic:
- (i) where the train voyage from the last train formation station to the customs office of exit takes less than two hours, at the latest one hour before arrival of the goods at the place for which the customs office of exit is competent;
- (ii) in all other cases, at the latest two hours before the goods are to leave the customs territory of the Union.
Notwithstanding paragraph 1, where the pre-departure declaration concerns goods for which a refund is claimed in accordance with Commission Regulation (EC) No 612/2009 ([^E0021]), it shall be lodged at the competent customs office at the latest at the time of loading the goods in accordance with Article 5(7) of that Regulation.
In the following situations, the time-limit for lodging the pre-departure declaration shall be that applicable to the active means of transport used to leave the customs territory of the Union:
- (a) where the goods have arrived at the customs office of exit on another means of transport from which they are transferred before leaving the customs territory of the Union (inter-modal transport);
- (b) where the goods have arrived at the customs office of exit on a means of transport which is itself transported on an active means of transport when leaving the customs territory of the Union (combined transportation).
The time-limits referred to in paragraphs 1, 2 and 3 shall not apply in the case of force majeure.
Article 245
Waiver from the obligation to lodge a pre-departure declaration
(Article 263(2)(b) of the Code)
Without prejudice to the obligation to lodge a customs declaration in accordance with Article 158(1) of the Code or a re-export declaration in accordance with Article 270(1) of the Code, the lodging of a pre-departure declaration shall be waived for the following goods:
- (a) electrical energy;
- (b) goods leaving by pipeline;
- (c) items of correspondence;
- (d) goods moved under the rules of the acts of the Universal Postal Union;
- (e) household effects as defined in Article 2(1)(d) of Regulation (EC) No 1186/2009 provided that they are not carried under a transport contract;
- (f) goods contained in travellers’ personal baggage;
- (g) goods referred to in Article 140(1) with the exception, when carried under a transport contract, of:
- (i) pallets, spare parts, accessories and equipment for pallets;
- (ii) containers, spare parts, accessories and equipment for containers;
- (iii) means of transport, spare parts, accessories and equipment for means of transport;
- (h) goods covered by ATA and CPD carnets;
- (i) goods moved or used in the context of military activities under cover of a NATO form 302 or an EU form 302;
- (j) goods carried on vessels moving between Union ports without any intervening call at any port outside the customs territory of the Union;
- (k) goods carried on aircraft moving between Union airports without any intervening call at any airport outside the customs territory of the Union;
- (l) weapons and military equipment taken out of the customs territory of the Union by the authorities in charge of the military defence of a Member State, in military transport or transport operated for the sole use of the military authorities;
- (m) the following goods taken out of the customs territory of the Union directly to offshore installations operated by a person established in the customs territory of the Union:
- (i) goods to be used for construction, repair, maintenance or conversion of the offshore installations;
- (ii) goods to be used to fit or equip the offshore installations;
- (iii) provisions to be used or consumed on the offshore installations;
- (n) goods for which relief can be claimed pursuant to the Vienna Convention on diplomatic relations of 18 April 1961, the Vienna Convention on consular relations of 24 April 1963, other consular conventions or the New York Convention of 16 December 1969 on special missions;
- (o) goods which are supplied for incorporation as part of or accessories in vessels or aircraft and for the operation of the engines, machines and other equipment of vessels or aircraft, as well as foodstuffs and other items to be consumed or sold on board;
- (p) goods dispatched from the customs territory of the Union to Ceuta and Melilla, Gibraltar, Heligoland, the Republic of San Marino, the Vatican City State or the municipality of Livigno.
The lodging of a pre-departure declaration shall be waived for goods in the following situations:
- (a) where a vessel that transports the goods between Union ports is to call at a port outside the customs territory of the Union and the goods are to remain loaded on board the vessel during the call at the port outside the customs territory of the Union;
- (b) where an aircraft that transports the goods between Union airports is to call at an airport outside the customs territory of the Union and the goods are to remain loaded on board the aircraft during the call at the airport outside the customs territory of the Union;
- (c) where, in a port or airport, the goods are not unloaded from the means of transport which carried them into the customs territory of the Union and which will carry them out of that territory;
- (d) where the goods were loaded at a previous port or airport in the customs territory of the Union where a pre-departure declaration was lodged or a waiver from the obligation to lodge a pre-departure declaration was applicable and remain on the means of transport that will carry them out of the customs territory of the Union;
- (e) where goods in temporary storage or placed under the free zone procedure are transhipped from the means of transport that brought them to that temporary storage facility or free zone under the supervision of the same customs office onto a vessel, airplane or railway that will carry them out of the customs territory of the Union, provided that the following conditions are fulfilled:
- (i) the transhipment is undertaken within 14 days of the presentation of the goods in accordance with Articles 144 or 245 of the Code or in exceptional circumstances, within a longer period authorised by the customs authorities where the period of 14 days is not sufficient to deal with those circumstances;
- (ii) information about the goods is available to the customs authorities;
- (iii) the destination of the goods and the consignee do not change to the knowledge of the carrier;
- (f) where goods were brought into the customs territory of the Union but they were rejected by the competent customs authority and were immediately returned to the country of export.
CHAPTER 2 Formalities on exit of goods
Article 246
Means for the exchange of information in cases of presentation of goods at the customs office of exit
(Article 6(3)(a) of the Code)
Where goods are presented at the customs office of exit in accordance with Article 267(2) of the Code means for the exchange of information other than electronic data-processing techniques may be used for the following:
- (a) identification of the export declaration;
- (b) communications regarding discrepancies between the goods declared and released for the export procedure and the goods presented.
Article 247
Means for providing evidence that the goods have left the customs territory of the Union
(Article 6(3)(a) of the Code)
For the purposes of certifying the exit of goods, evidence that the goods have left the customs territory of the Union may be provided to the customs office of export using means other than electronic data- processing techniques.
CHAPTER 3 Export and re-export
Article 248
Invalidation of the customs declaration or the re-export declaration
(Article 174 of the Code)
Where there is a discrepancy in the nature of the goods released for export, re-export or outward processing compared to those presented to the customs office of exit, the customs office of export shall invalidate the declaration concerned.
Where, after a period of 150 days from the date of release of the goods for the export procedure, the outward processing procedure or re-export, the customs office of export has received neither information on the exit of the goods nor evidence that the goods have left the customs territory of the Union, that office may invalidate the declaration concerned.
Where the customs office of export is informed, in accordance with Article 340 of Implementing Regulation (EU) 2015/2447, that the goods were not taken out of the customs territory of the Union, it shall immediately invalidate the declaration concerned and, where appropriate, it shall immediately invalidate the relevant certification of exit of goods made pursuant to 334(1) of Implementing Regulation (EU) 2015/2447.
Article 249
Means for the retrospective lodgement of an export or re-export declaration
(Article 6(3)(a) of the Code)
Where an export or re-export declaration was required but the goods have been taken out of the customs territory of the Union without such declaration, means of exchange of information other than electronic data-processing techniques may be used for the retrospective lodgement of that export or re-export declaration.
TITLE IX FINAL PROVISIONS
Article 250
Re-assessment of authorisations already in force on 1 May 2016
Authorisations granted on the basis of Regulation (EEC) No 2913/92 or Regulation (EEC) No 2454/93 which are valid on 1 May 2016 and which do not have a limited period of validity shall be re-assessed.
By derogation from paragraph 1, the following authorisations shall not be subject to re-assessment:
- (a) authorisations of exporters for making out invoice declarations as referred to in Articles 97v and 117 of Regulation (EEC) No 2454/93;
- (b) authorisations for the management of materials using the accounting segregation method as referred to in Article 88 of Regulation (EEC) No 2454/93.
Article 251
Validity of authorisations already in force on 1 May 2016
Authorisations granted on the basis of Regulation (EEC) No 2913/92 or Regulation (EEC) No 2454/93 which are valid on 1 May 2016 shall remain valid as follows:
- (a) for authorisations having a limited period of validity, until the end of that period or 1 May 2019, whichever is the earlier;
- (b) for all other authorisations, until the authorisation is reassessed in accordance with Article 250(1).
By way of derogation from paragraph 1, the authorisations referred to in Article 250(2)(a) and (b) shall remain valid until they are withdrawn by the customs authorities having granted them.
Article 252
Validity of decisions on binding information already in force on 1 May 2016
Decisions relating to binding information already in force on 1 May 2016 shall remain valid for the period set out in those decisions. Such a decision shall as of 1 May 2016 be binding both on the customs authorities and on the holder of the decision.
Article 253
Validity of decisions granting deferment of payment already in force on 1 May 2016
Decisions granting deferment of payment taken in accordance with Article 224 of Regulation (EEC) No 2913/92 which are valid on 1 May 2016 shall remain valid as follows:
- (a) where the decision was granted for the use of the procedure referred to in Article 226(a) of Regulation (EEC) No 2913/92, it shall remain valid without limitation of time;
- (b) where the decision was granted for the use of one of the procedures referred to in Article 226(b) or (c) of Regulation (EEC) No 2913/92, it shall remain valid until the re-assessment of the authorisation to use a comprehensive guarantee linked to it.
Article 254
Use of authorisations and decisions already in force on 1 May 2016
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