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Document 32022R1636
Commission Delegated Regulation (EU) 2022/1636 of 5 July 2022 supplementing Council Directive (EU) 2020/262 by establishing the structure and content of the documents exchanged in the context of movement of excise goods, and establishing a threshold for the losses due to the nature of the goods
Commission Delegated Regulation (EU) 2022/1636 of 5 July 2022 supplementing Council Directive (EU) 2020/262 by establishing the structure and content of the documents exchanged in the context of movement of excise goods, and establishing a threshold for the losses due to the nature of the goods
Commission Delegated Regulation (EU) 2022/1636 of 5 July 2022 supplementing Council Directive (EU) 2020/262 by establishing the structure and content of the documents exchanged in the context of movement of excise goods, and establishing a threshold for the losses due to the nature of the goods
C/2022/4494
OJ L 247, 23/09/2022, p. 2–56
(BG, ES, CS, DA, DE, ET, EL, EN, FR, GA, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
In force: This act has been changed. Current consolidated version: 13/02/2024
23.9.2022 |
EN |
Official Journal of the European Union |
L 247/2 |
COMMISSION DELEGATED REGULATION (EU) 2022/1636
of 5 July 2022
supplementing Council Directive (EU) 2020/262 by establishing the structure and content of the documents exchanged in the context of movement of excise goods, and establishing a threshold for the losses due to the nature of the goods
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Directive (EU) 2020/262 of 19 December 2019 laying down the general arrangements for excise duty (1), and in particular Articles 6(10), 29(1) and 43(1) thereof,
Whereas:
(1) |
Pursuant to Article 6(7) of Directive (EU) 2020/262, partial loss due to the nature of the goods that occurs during a duty suspension movement between the Member States is not to be considered a release for consumption in so far as the amount of loss falls below the common partial loss threshold for those excise goods, unless a Member State has reasonable cause to suspect fraud or irregularity. Pursuant to Article 45(2) of that Directive, in the event of partial loss due to the nature of the goods that occurs during their transport in the territory of a Member State other than the Member State in which they were released for consumption, excise duty is not chargeable in that Member State where the amount of loss falls within the relevant common partial loss threshold, unless a Member State has reasonable cause to suspect fraud or irregularity. In order to ensure uniform treatment of partial losses throughout the Union, common partial loss threshold should be determined for manufactured tobacco products. Taking into account in particular the nature of the products, their physical and chemical characteristics and the existing national thresholds, the common partial loss threshold for manufactured tobacco should be set at 0 %. |
(2) |
Directive (EU) 2020/262 requires the use of electronic administrative documents, exchanged via the computerised system referred to in Decision (EU) 2020/263 of the European Parliament and of the Council (2), in order for a movement of excise goods to be considered to take place under a duty suspension arrangement. It also requires the use of fallback documents in cases where that computerised system is unavailable in the Member State of dispatch. The structure and content of those documents should ensure a uniform completion of the necessary formalities and facilitate the supervision of movements of excise goods. |
(3) |
Directive (EU) 2020/262 requires the use of electronic simplified administrative documents for the movement of excise goods which have been released for consumption in the territory of one Member State and are moved to the territory of another Member State in order to be delivered there for commercial purposes. It also requires the use of fallback documents in certain specified cases. The structure and content of those documents should ensure a uniform completion of the necessary formalities and facilitate the supervision of movements of excise goods. |
(4) |
In order to ensure that the documents exchanged through the computerised system in accordance with Articles 20 to 25 of Directive (EU) 2020/262 are readily understandable in all Member States and can be processed by the computerised system, the structure and content of such messages concerning the cancellation of the electronic administrative document, a change of destination and the splitting of a movement should be established. |
(5) |
The rules on the structure and content of the documents exchanged in the context of movement of excise goods and on a threshold for the losses due to the nature of the goods will in many instances have to be applied together by both economic operators performing intra-EU movements of excise goods, such as manufactured tobacco, and Member States authorities monitoring these activities. In the interest of simplicity and transparency, as well as in order to facilitate their application and avoid a multiplication of rules, they should be laid down in a single act. |
(6) |
Since the rules established by this Regulation and Commission Implementing Regulation (EU) 2022/1637 (3) replace the rules laid down in Commission Regulations (EEC) No 3649/92 (4) and (EC) No 684/2009 (5), the replaced Regulations should be repealed. |
(7) |
Pursuant to Article 54 of Directive (EU) 2020/262 Member States are to allow the receipt of excise goods under the formalities set out in Articles 33, 34 and 35 of Council Directive 2008/118/EC (6) until 31 December 2023. Regulation (EEC) No 3649/92 should therefore apply until that day to the movements of excise goods initiated before the date of application of this Regulation. |
(8) |
Pursuant to Article 55(1) of Directive (EU) 2020/262, Member States are to apply the measures necessary to comply with Article 6, Articles 20 to 22, Articles 25 to 29 and Articles 36 to 40 and Article 45 of that Directive as from 13 February 2023. This Regulation should therefore apply as from that date, |
HAS ADOPTED THIS REGULATION:
Article 1
Threshold for the loss due to the nature of the goods for manufactured tobacco products
The common partial loss threshold referred to in Articles 6(7) and 45(2) of Directive (EU) 2020/262 for manufactured tobacco, falling within the scope of Council Directive 2011/64/EU (7), is 0 %.
Article 2
Requirements for messages exchanged through the computerised system
The messages exchanged in accordance with Articles 20 to 25 and Articles 36 and 37 of Directive (EU) 2020/262 shall comply with Annex I to this Regulation. Where codes are required for the completion of certain data elements in those messages in accordance with Annex I, the codes listed in Annex II shall be used.
Article 3
Draft electronic administrative document and electronic administrative document
The draft electronic administrative document submitted in accordance with Article 20(2) of Directive (EU) 2020/262 and the electronic administrative document to which an administrative reference code has been assigned in accordance with Article 20(3), third subparagraph, of that Directive shall comply with the requirements set out in the applicable provisions of Table 1 of Annex I to this Regulation.
Article 4
Draft electronic simplified administrative document and electronic simplified administrative document
The draft electronic simplified administrative document submitted in accordance with Article 36(1) of Directive (EU) 2020/262 and the electronic simplified administrative document to which an administrative reference code has been assigned in accordance with Article 36(2), third subparagraph, of that Directive shall comply with the requirements set out in the applicable provisions of Table 1 of Annex I to this Regulation.
Article 5
Messages concerning the cancellation of the electronic administrative document
The messages concerning the cancellation of the electronic administrative document as provided for in Article 20(6) of Directive (EU) 2020/262 shall comply with the requirements set out in Table 2 of Annex I to this Regulation.
Article 6
Messages concerning a change of destination of the movement of excise goods
The messages concerning the change of destination as provided for in Article 20(7) and Article 36(5) of Directive (EU) 2020/262 shall comply with the requirements set out in Tables 3 and 4 of Annex I to this Regulation.
Article 7
Messages concerning the splitting of the movement of energy products under suspension of excise duty
The messages concerning the splitting of the movement of energy products under suspension of excise duty as provided for in Article 23 of Directive (EU) 2020/262 shall comply with the requirements set out in Tables 4 and 5 of Annex I to this Regulation.
Article 8
Messages concerning the end of the movement of excise goods
The report of receipt submitted in accordance with Article 24(1) or Article 37(1) of Directive (EU) 2020/262 and the report of export provided for in Article 25 of that Directive, shall comply with the requirements set out in Table 6 of Annex I to this Regulation.
Article 9
Fallback documents
1. The fallback documents referred to in Articles 26(1), point (a), and 38(1), point (a), of Directive (EU) 2020/262 shall contain data elements, data groups and data subgroups set out in columns A and B of Table 1 of Annex I to this Regulation. The data elements, data groups and data subgroups to which they belong, shall be identified by means of the numbers and letters set out in columns A and B of Table 1 of Annex I to this Regulation.
2. The information concerning the change of destination of the goods and the splitting of the movement of energy products to be communicated by the consignor to the competent authorities of the Member State of dispatch, in accordance with Articles 26(4) and 38(4) of Directive (EU) 2020/262, shall be displayed in the form of data elements, data groups and data subgroups as set out in columns A and B of Table 3 of Annex I to this Regulation or columns A and B of Table 5 of Annex I to this Regulation, as applicable. All the data elements, data groups and data subgroups to which they belong, shall be identified by means of the numbers and letters set out in columns A and B of Table 3 of Annex I or columns A and B of Table 5 of Annex I, as applicable.
3. The fallback documents referred to in Article 27(1) and (2) and in Article 39 of Directive (EU) 2020/262 shall bear the title ‘Fallback report of receipt for movements of excise goods’ or ‘Fallback report of export for movements of excise goods under suspension of excise duty’, as applicable. The data shall be displayed in the form of data elements, data groups and data subgroups as set out in columns A and B of Table 6 of Annex I. All the data elements, data groups and data subgroups to which they belong, shall be identified by means of the numbers and letters set out in column A and column B of Table 6 of Annex I.
Article 10
Repeal
Regulations (EEC) No 3649/92 and (EC) No 684/2009 are repealed with effect from 13 February 2023.
Notwithstanding the first paragraph, Regulation (EEC) No 3649/92 shall apply until 31 December 2023 to movements of goods initiated before 13 February 2023.
Article 11
Entry into force and application
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 13 February 2023.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 5 July 2022.
For the Commission
The President
Ursula VON DER LEYEN
(2) Decision (EU) 2020/263 of the European Parliament and of the Council of 15 January 2020 on computerising the movement and surveillance of excise goods (recast) (OJ L 58, 27.2.2020, p. 43).
(3) Commission Implementing Regulation (EU) No 2022/1637 of 5 July 2022 laying down the rules for the application of Council Directive (EU) 2020/262 as regards the use of documents in the context of movement of excise goods under a duty suspension arrangement and of movement of excise goods after release for consumption, and establishing the form to be used for the exemption certificate (See page 57 of this Official Journal).
(4) Commission Regulation (EEC) No 3649/92 of 17 December 1992 on a simplified accompanying document for the intra-Community movement of products subject to excise duty which have been released for consumption in the Member State of dispatch (OJ L 369, 18.12.1992, p. 17).
(5) Commission Regulation (EC) No 684/2009 of 24 July 2009 implementing Council Directive 2008/118/EC as regards the computerised procedures for the movement of excise goods under suspension of excise duty (OJ L 197, 29.7.2009, p. 24).
(6) Council Directive 2008/118/EC of 16 December 2008 concerning the general arrangements for excise duty and repealing Directive 92/12/EEC (OJ L 9, 14.1.2009, p. 12).
(7) Council Directive 2011/64/EU of 21 June 2011 on the structure and rates of excise duty applied to manufactured tobacco (OJ L 176, 5.7.2011, p. 24).
ANNEX I
Messages used for the purpose of movements of excise goods under suspension of excise duty or previously released for consumption in the territory of one Member State and moved to the territory of another Member State to be delivered there for commercial purposes
EXPLANATORY NOTES
1. |
The data elements of the electronic messages (1) exchanged in accordance with Articles 20 to 25 and Articles 36 and 37 of Directive (EU) 2020/262 shall be structured in data groups and, where applicable, data subgroups as set out in Tables 1 to 6 of this Annex. The columns of Tables 1 to 6 shall contain the following information:
|
2. |
The following abbreviations are used in Tables 1 to 6:
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