This document is an excerpt from the EUR-Lex website
Document 32012R0756
Commission Implementing Regulation (EU) No 756/2012 of 20 August 2012 amending Regulation (EEC) No 2454/93 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code Text with EEA relevance
Commission Implementing Regulation (EU) No 756/2012 of 20 August 2012 amending Regulation (EEC) No 2454/93 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code Text with EEA relevance
Commission Implementing Regulation (EU) No 756/2012 of 20 August 2012 amending Regulation (EEC) No 2454/93 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code Text with EEA relevance
IO L 223, 21.8.2012, p. 8–30
(BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV) Foilsíodh an doiciméad seo in eagrán speisialta
(HR)
No longer in force, Date of end of validity: 30/04/2016; Arna aisghairm go hintuigthe ag 32016R0481
21.8.2012 |
EN |
Official Journal of the European Union |
L 223/8 |
COMMISSION IMPLEMENTING REGULATION (EU) No 756/2012
of 20 August 2012
amending Regulation (EEC) No 2454/93 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code (1), and in particular Article 247 thereof,
Whereas:
(1) |
Commission Regulation (EU) No 430/2010 of 20 May 2010 amending Regulation (EEC) No 2454/93 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code (2) removed the obligation to provide an exit summary declaration for goods which are supplied for incorporation as parts of or accessories in vessels and aircraft, motor fuels, lubricants and gas necessary for the operation of vessels or aircraft, foodstuffs, and other items to be consumed or sold on board. Annex 30a to Commission Regulation (EEC) No 2454/93 (3) should therefore be adapted accordingly. |
(2) |
Pursuant to Annex 30a to Regulation (EEC) No 2454/93, information about the consignee is mandatory in an exit summary declaration. However, where the goods are carried under a negotiable bill of lading that is ‘to order blank endorsed’, the consignee is unknown. In that case a specific code should be used to show that the consignee particulars are unknown. |
(3) |
Commission Regulation (EC) No 1917/2000 of 7 September 2000 laying down certain provisions for the implementation of Council Regulation (EC) No 1172/95 as regards statistics on external trade (4) has been replaced by Commission Regulation (EU) No 113/2010 of 9 February 2010 implementing Regulation (EC) No 471/2009 of the European Parliament and of the Council on Community statistics relating to external trade with non-member countries, as regards trade coverage, definition of the data, compilation of statistics on trade by business characteristics and by invoicing currency, and specific goods or movements (5). It is therefore necessary to adapt Annexes 37 and 38 to Regulation (EEC) No 2454/93. |
(4) |
Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax (6) lays down conditions for exemption from payment of the VAT due upon importation. One of the conditions is that at the time of importation, the importer must have provided to the competent authorities of the Member State of importation certain information. It is therefore necessary to adapt Annexes 37 and 38 to Regulation (EEC) No 2454/93 to provide a harmonised solution for indicating that information in the customs declaration. The obligation to provide the information required by Article 143(2) of Directive 2006/112/EC should be stated in the description of Box 44 in Annex 37. |
(5) |
Since a Community transit operation may take place in Andorra and San Marino, a reference to those countries should be added to the reference to the EFTA countries in Annex 37 to Regulation (EEC) No 2454/93, in order to reflect the fact that the guarantee or guarantee waiver may be not valid in one or more EFTA countries, nor in Andorra or in San Marino. |
(6) |
Council Regulation (EC) No 1172/95 of 22 May 1995 on the statistics relating to the trading of goods by the Community and its Member States with non-member countries (7) has been replaced by Regulation (EC) No 471/2009 of the European Parliament and of the Council of 6 May 2009 on Community statistics relating to external trade with non-member countries and repealing Council Regulation (EC) No 1172/95 (8). The reference to Regulation (EC) No 1172/95 in Annex 38 to Regulation (EEC) No 2454/93 should therefore be updated. |
(7) |
In 2010 the eighth version of the Incoterms rules (‘Incoterms 2010’) has been established. The Incoterms codes as amended by the Incoterms 2010 should therefore be set out in Annex 38 in order to update the delivery terms. |
(8) |
Annex 38 to Regulation (EEC) No 2454/93 contains a list of packaging codes based upon the list of Coded representations of packaging type names used in international trade set out in Annexes V and VI to Recommendation No 21 of the United Nations Economic Commission for Europe. Due to the revision of the code list following a technological development, it is appropriate to replace the list in Annex 38 by the latest version resulting from Revision 8.1 of Recommendation No 21. |
(9) |
Council Directive 2008/118/EC of 16 December 2008 concerning the general arrangements for excise duty and repealing Directive 92/12/EEC (9) provides that excise goods may be moved under a duty suspension arrangement within the customs territory of the Community, including where the goods are moved via a third country or a third territory from the place of importation to any of the destinations referred to in Article 17(1)(a) of that Directive. The respective codes in Annex 38 to Regulation (EEC) No 2454/93 should therefore be adapted to reflect the cases where no excise duties are paid upon importation. |
(10) |
Council Regulation (EEC) No 918/83 of 28 March 1983 setting up a Community system of reliefs from customs duty (10) has been replaced by Council Regulation (EC) No 1186/2009 of 16 November 2009 setting up a Community system of reliefs from customs duty (11). Some references and descriptions of codes in Annex 38 to Regulation (EEC) No 2454/93 should therefore be adapted. |
(11) |
Since Commission Regulation (EC) No 1580/2007 of 21 December 2007 laying down implementing rules of Council Regulations (EC) No 2200/96, (EC) No 2201/96 and (EC) No 1182/2007 in the fruit and vegetable sector (12) has been replaced by Commission Implementing Regulation (EU) No 543/2011 of 7 June 2011 laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 in respect of the fruit and vegetables and processed fruit and vegetables sectors (13), it is necessary to update the reference to Regulation (EC) No 1580/2007 in Annex 38 to Regulation (EEC) No 2454/93. |
(12) |
It is necessary to adapt the list of goods involving a higher risk of fraud set out in Annex 44c to Regulation (EEC) No 2454/93 to the Combined Nomenclature 2012 laid down in Commission Implementing Regulation (EU) No 1006/2011 of 27 September 2011 amending Annex I to Council Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff (14). |
(13) |
Regulation (EEC) No 2454/93 should therefore be amended accordingly. |
(14) |
Since Regulation (EU) No 1006/2011 applies from 1 January 2012, the amendments to Annex 44c to Regulation (EEC) No 2454/93 should apply from the same date. |
(15) |
The measures provided for in this Regulation are in accordance with the opinion of the Customs Code Committee, |
HAS ADOPTED THIS REGULATION:
Article 1
Regulation (EEC) No 2454/93 is amended as follows:
(1) |
Annex 30a is amended as set out in Annex I to this Regulation; |
(2) |
Annex 37 is amended as set out in Annex II to this Regulation; |
(3) |
Annex 38 is amended as set out in Annex III to this Regulation; |
(4) |
Annex 44c is amended as set out in Annex IV to this Regulation. |
Article 2
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
It shall apply from 1 January 2013, except Annex IV.
Annex IV shall apply from 1 January 2012.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 20 August 2012.
For the Commission
The President
José Manuel BARROSO
(1) OJ L 302, 19.10.1992, p. 1.
(2) OJ L 125, 21.5.2010, p. 10.
(3) OJ L 253, 11.10.1993, p. 1.
(4) OJ L 229, 9.9.2000, p. 14.
(6) OJ L 347, 11.12.2006, p. 1.
(7) OJ L 118, 25.5.1995, p. 10.
(8) OJ L 152, 16.6.2009, p. 23.
(10) OJ L 105, 23.4.1983, p. 1.
(11) OJ L 324, 10.12.2009, p. 23.
(12) OJ L 350, 31.12.2007, p. 1.
ANNEX I
(referred to in Article 1(1))
Annex 30a to Regulation (EEC) No 2454/93 is amended as follows:
(1) |
In Section 1 ‘Introductory notes to the tables’, note 4.4 is deleted. |
(2) |
Section 2 ‘Requirements for entry and exit summary declarations’ is amended as follows:
|
(3) |
Section 4, ‘Data element explanatory notes’, is amended as follows:
|
ANNEX II
(referred to in Article 1(2))
Annex 37, Title II, to Regulation (EEC) No 2454/93 is amended as follows:
(1) |
Section A is amended as follows:
|
(2) |
Section C is amended as follows:
|
ANNEX III
(referred to in Article 1(3))
Annex 38, Title II to Regulation (EEC) No 2454/93 is amended as follows:
(1) |
In Box 2: Consignor/Exporter, the last paragraph is replaced by the following: ‘Country code: the Community’s alphabetical codes for countries and territories are based on the current ISO alpha 2 codes (a2) insofar as they are compatible with the country codes laid down in accordance with Article 5(2) of Regulation (EC) No 471/2009 of the European Parliament and of the Council of 6 May 2009 on Community statistics relating to external trade with non-member countries and repealing Council Regulation (EC) No 1172/95 (*1). |
(2) |
In Box 20: Delivery terms, the table is replaced by the following:
|
(3) |
In Box 24: Nature of the transaction, the note is replaced by the following: ‘The Member States which require this item of information must use the single digit codes listed in column A of the table provided for in Article 10(2) of Commission Regulation (EU) No 113/2010 (*2), this digit being entered in the left-hand side of the box. They may also provide for a second digit from the list in column B of that table to be entered in the right-hand side of the box. |
(4) |
Box 31: Packages and description of goods; Marks and numbers — Container No(s) — Number and kind is replaced by the following: ‘Box 31: Packages and description of goods; Marks and numbers — Container No(s) — Number and kind Kind of packages Use the following codes. (UN/ECE Recommendation No 21/Rev. 8.1 of 12 July 2010). PACKAGING CODES
|
(5) |
Box 37: Procedure is amended as follows:
|
(6) |
In Box 44, Additional information/Documents reproduced/Certificates and Authorisations, point 2(a) is replaced by the following:
|
ANNEX IV
(referred to in Article 1(4))
Annex 44c to Regulation (EEC) No 2454/93 is amended as follows:
(1) |
The row for HS codes ‘1701 11, 1701 12, 1701 91, 1701 99’ is replaced by the following:
|
(2) |
The row for HS code ‘2403 10’ is replaced by the following:
|