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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provisions for the implementation of Council Regulation (EC) No 1172/95 as regards statistics on external trade(4) has been replaced by Commission Regulation (EU) No 113/2010 of 9 February 2010 implementing Regulation (EC) No 471/2009 of the European Parliament and of the Council on Community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 1U.K.

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 2U.K.

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

ANNEX IU.K.(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:

(a)

The title of point 2.2 is replaced by the following:

2.2. Express consignments — Table 2

(b)

In Table 2, the third column ‘Exit summary declaration — ship and aircraft supplies’ is deleted.

(3)

Section 4, ‘Data element explanatory notes’, is amended as follows:

(a)

In data element explanatory note ‘Transport document number’, the fourth paragraph is deleted.

(b)

In data element explanatory note ‘Consignee’, the fifth paragraph ‘Exit summary declarations’ is replaced by the following:

Exit summary declarations: In cases referred to in Article 789, this information shall be provided where available. Where the goods are carried under a negotiable bill of lading that is “to order blank endorsed” and the consignee is unknown, his particulars shall be replaced by the following code in Box 44 of an export declaration:

Legal basisSubjectBoxCode
Annex 30aSituations where negotiable bills of lading that are “to order blank endorsed” are concerned, in the case of exit summary declarations, where the consignee particulars are unknown.4430600
(c)

Data element explanatory note ‘Notify party’ is replaced by the following:

Notify party

Party to be notified at entry of the arrival of the goods. This information needs to be provided where applicable. The particulars of notify party take the form of the notify party EORI number whenever this number is available to the person lodging the summary declaration.

Entry summary declaration: where the goods are carried under a negotiable bill of lading that is “to order blank endorsed”, in which case the consignee is not mentioned and code 10600 is entered, the notify party shall always be provided.

Exit summary declaration: where the goods are carried under a negotiable bill of lading that is “to order blank endorsed”, in which case the consignee is not mentioned, the particulars of notify party shall always be provided in the field for “consignee” instead of the “consignee” particulars. When an export declaration contains the particulars for the exit summary declaration, code 30600 is entered in Box 44 of the export declaration concerned.

(d)

In data element explanatory note ‘Commodity code’, the fifth paragraph beginning with Exit ship and aircraft supplies summary declarations: is deleted.

ANNEX IIU.K.(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:

(a)

Box 24: Nature of transaction is replaced by the following:

Box 24: Nature of transaction

Using the relevant codes from Annex 38, enter the type of the transaction concerned.

(b)

In Box 44: Additional information/Documents produced/Certificates and authorisations, the first paragraph is replaced by the following:

Using the relevant codes from Annex 38, enter the details required by any specific rules applicable together with reference particulars of the documents produced in support of the declaration, including the serial numbers of any control copies T5 or identification numbers.

(c)

In Box 52: ‘Guarantee’, the second paragraph is replaced by the following:

Where a comprehensive guarantee, guarantee waiver or individual guarantee is not valid for one or more of the following countries, add after “not valid for” the codes from Annex 38 for the country or countries concerned:

  • non-EU contracting parties to the Conventions on a common transit procedure and on the simplification of formalities in trade in goods,

  • Andorra,

  • San Marino.

Where an individual guarantee in the form of a cash deposit or by means of vouchers is used it shall be valid for all the contracting parties to the Conventions on a common transit procedure and on the simplification of formalities in trade in goods.

(2)

Section C is amended as follows:

(a)

Box 24: Nature of transaction is replaced by the following:

Box 24: Nature of transaction

Using the relevant codes from Annex 38, enter the type of the transaction concerned.

(b)

Box 44: Additional information/Documents produced/Certificates and authorisations is amended as follows:

(i)

The first paragraph is replaced by the following:

Using the relevant codes from Annex 38, enter the details required by any specific rules applicable together with reference particulars of the documents produced in support of the declaration, including the serial numbers of any control copies T5 or identification numbers.

(ii)

The following is added after the last paragraph:

When goods are the subject of a VAT-exempt supply to another Member State, the information required by Article 143(2) of Directive 2006/112/EC shall be entered in box 44, including when required by a Member State, the evidence that the imported goods are intended to be transported or dispatched from the Member State of importation to another Member State.

ANNEX IIIU.K.(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(15).

(2)

In Box 20: Delivery terms, the table is replaced by the following:

First subdivisionMeaningSecond subdivision
Incoterms codeIncoterms — ICC/ECEPlace to be specified
Code applicable usually for road and rail transport
DAF (Incoterms 2000)Delivered at frontierNamed place
Codes applicable for all modes of transport
EXW (Incoterms 2010)Ex worksNamed place
FCA (Incoterms 2010)Free carrierNamed place
CPT (Incoterms 2010)Carriage paid toNamed place of destination
CIP (Incoterms 2010)Carriage and insurance paid toNamed place of destination
DAT (Incoterms 2010)Delivered at terminalNamed terminal at port or place of destination
DAP (Incoterms 2010)Delivered at placeNamed place of destination
DDP (Incoterms 2010)Delivered duty paidNamed place of destination
DDU (Incoterms 2000)Delivered duty unpaidNamed place of destination
Codes applicable usually for sea and inland waterway transport
FAS (Incoterms 2010)Free alongside shipNamed port of shipment
FOB (Incoterms 2010)Free on boardNamed port of shipment
CFR (Incoterms 2010)Cost and freightNamed port of destination
CIF (Incoterms 2010)Cost, insurance and freightNamed port of destination
DES (Incoterms 2000)Delivered ex shipNamed port of destination
DEQ (Incoterms 2000)Delivered ex quayNamed port of destination
XXXDelivery terms other than those listed aboveNarrative description of delivery terms given in the contract
(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(16), 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

AerosolAE
Ampoule, non-protectedAM
Ampoule, protectedAP
AtomizerAT
BagBG
Bag, flexible containerFX
Bag, gunnyGY
Bag, jumboJB
Bag, largeZB
Bag, multiplyMB
Bag, paper5M
Bag, paper, multi-wallXJ
Bag, paper, multi-wall, water resistantXK
Bag, plasticEC
Bag, plastics filmXD
Bag, polybag44
Bag, super bulk43
Bag, textile5L
Bag, textile, sift proofXG
Bag, textile, water resistantXH
Bag, textile, without inner coat/linerXF
Bag, toteTT
Bag, woven plastic5H
Bag, woven plastic, sift proofXB
Bag, woven plastic, water resistantXC
Bag, woven plastic, without inner coat/linerXA
Bale, compressedBL
Bale, non-compressedBN
BallAL
Balloon, non-protectedBF
Balloon, protectedBP
BarBR
BarrelBA
Barrel, wooden2C
Barrel, wooden, bung typeQH
Barrel, wooden, removable headQJ
Bars, in bundle/bunch/trussBZ
BasinBM
BasketBK
Basket, with handle, cardboardHC
Basket, with handle, plasticHA
Basket, with handle, woodenHB
BeltB4
BinBI
BlockOK
BoardBD
Board, in bundle/bunch/trussBY
BobbinBB
BoltBT
Bottle, gasGB
Bottle, non-protected, bulbousBS
Bottle, non-protected, cylindricalBO
Bottle, protected bulbousBV
Bottle, protected cylindricalBQ
Bottlecrate/bottlerackBC
BoxBX
Box, aluminium4B
Box, Commonwealth Handling Equipment Pool (CHEP), EuroboxDH
Box, fibreboard4G
Box, for liquidsBW
Box, natural wood4C
Box, plastic4H
Box, plastic, expandedQR
Box, plastic, solidQS
Box, plywood4D
Box, reconstituted wood4F
Box, steel4A
Box, wooden, natural wood, ordinaryQP
Box, wooden, natural wood, with sift proof wallsQQ
BucketBJ
Bulk, gas (at 1 031 mbar and 15 °C)VG
Bulk, liquefied gas (at abnormal temperature/pressure)VQ
Bulk, liquidVL
Bulk, scrap metalVS
Bulk, solid, fine particles (“powders”)VY
Bulk, solid, granular particles (“grains”)VR
Bulk, solid, large particles (“nodules”)VO
BunchBH
BundleBE
Bundle, wooden8C
ButtBU
CageCG
Cage, Commonwealth Handling Equipment Pool (CHEP)DG
Cage, rollCW
Can, cylindricalCX
Can, rectangularCA
Can, with handle and spoutCD
CanisterCI
CanvasCZ
CapsuleAV
Carboy, non-protectedCO
Carboy, protectedCP
CardCM
Cart, flatbedFW
CartonCT
CartridgeCQ
CaseCS
Case, car7A
Case, isothermicEI
Case, skeletonSK
Case, steelSS
Case, with pallet baseED
Case, with pallet base, cardboardEF
Case, with pallet base, metalEH
Case, with pallet base, plasticEG
Case, with pallet base, woodenEE
Case, wooden7B
CaskCK
ChestCH
ChurnCC
ClamshellAI
CofferCF
CoffinCJ
CoilCL
Composite packaging, glass receptacle6P
Composite packaging, glass receptacle in aluminium crateYR
Composite packaging, glass receptacle in aluminium drumYQ
Composite packaging, glass receptacle in expandable plastic packYY
Composite packaging, glass receptacle in fibre drumYW
Composite packaging, glass receptacle in fibreboard boxYX
Composite packaging, glass receptacle in plywood drumYT
Composite packaging, glass receptacle in solid plastic packYZ
Composite packaging, glass receptacle in steel crate boxYP
Composite packaging, glass receptacle in steel drumYN
Composite packaging, glass receptacle in wickerwork hamperYV
Composite packaging, glass receptacle in wooden boxYS
Composite packaging, plastic receptacle6H
Composite packaging, plastic receptacle in aluminium crateYD
Composite packaging, plastic receptacle in aluminium drumYC
Composite packaging, plastic receptacle in fibre drumYJ
Composite packaging, plastic receptacle in fibreboard boxYK
Composite packaging, plastic receptacle in plastic drumYL
Composite packaging, plastic receptacle in plywood boxYH
Composite packaging, plastic receptacle in plywood drumYG
Composite packaging, plastic receptacle in solid plastic boxYM
Composite packaging, plastic receptacle in steel crate boxYB
Composite packaging, plastic receptacle in steel drumYA
Composite packaging, plastic receptacle in wooden boxYF
ConeAJ
Container, flexible1F
Container, gallonGL
Container, metalME
Container, not otherwise specified as transport equipmentCN
Container, outerOU
CoverCV
CrateCR
Crate, beerCB
Crate, bulk, cardboardDK
Crate, bulk, plasticDL
Crate, bulk, woodenDM
Crate, framedFD
Crate, fruitFC
Crate, metalMA
Crate, milkMC
Crate, multiple layer, cardboardDC
Crate, multiple layer, plasticDA
Crate, multiple layer, woodenDB
Crate, shallowSC
Crate, wooden8B
CreelCE
CupCU
CylinderCY
Demijohn, non-protectedDJ
Demijohn, protectedDP
DispenserDN
DrumDR
Drum, aluminium1B
Drum, aluminium, non-removable headQC
Drum, aluminium, removable headQD
Drum, fibre1G
Drum, ironDI
Drum, plasticIH
Drum, plastic, non-removable headQF
Drum, plastic, removable headQG
Drum, plywood1D
Drum, steel1A
Drum, steel, non-removable headQA
Drum, steel, removable headQB
Drum, wooden1W
EnvelopeEN
Envelope, steelSV
FilmpackFP
FirkinFI
FlaskFL
FlexibagFB
FlexitankFE
FoodtainerFT
FootlockerFO
FrameFR
GirderGI
Girders, in bundle/bunch/trussGZ
HamperHR
HangerHN
HogsheadHG
IngotIN
Ingots, in bundle/bunch/trussIZ
Intermediate bulk containerWA
Intermediate bulk container, aluminiumWD
Intermediate bulk container, aluminium, liquidWL
Intermediate bulk container, aluminium, pressurised > 10 kpaWH
Intermediate bulk container, compositeZS
Intermediate bulk container, composite, flexible plastic, liquidsZR
Intermediate bulk container, composite, flexible plastic, pressurisedZP
Intermediate bulk container, composite, flexible plastic, solidsZM
Intermediate bulk container, composite, rigid plastic, liquidsZQ
Intermediate bulk container, composite, rigid plastic, pressurisedZN
Intermediate bulk container, composite, rigid plastic, solidsPLN
Intermediate bulk container, fibreboardZT
Intermediate bulk container, flexibleZU
Intermediate bulk container, metalWF
Intermediate bulk container, metal, liquidWM
Intermediate bulk container, metal, other than steelZV
Intermediate bulk container, metal, pressure 10 kpaWJ
Intermediate bulk container, natural woodZW
Intermediate bulk container, natural wood, with inner linerWU
Intermediate bulk container, paper, multi-wallZA
Intermediate bulk container, paper, multi-wall, water resistantZC
Intermediate bulk container, plastic filmWS
Intermediate bulk container, plywoodZX
Intermediate bulk container, plywood, with inner linerWY
Intermediate bulk container, reconstituted woodZY
Intermediate bulk container, reconstituted wood, with inner linerWZ
Intermediate bulk container, rigid plasticAA
Intermediate bulk container, rigid plastic, freestanding, liquidsZK
Intermediate bulk container, rigid plastic, freestanding, pressurisedZH
Intermediate bulk container, rigid plastic, freestanding, solidsZF
Intermediate bulk container, rigid plastic, with structural equipment, liquidsZJ
Intermediate bulk container, rigid plastic, with structural equipment, pressurisedZG
Intermediate bulk container, rigid plastic, with structural equipment, solidsZD
Intermediate bulk container, steelWC
Intermediate bulk container, steel, liquidWK
Intermediate bulk container, steel, pressurised > 10 kpaWG
Intermediate bulk container, textile without coat/linerWT
Intermediate bulk container, textile, coatedWV
Intermediate bulk container, textile, coated and linerWX
Intermediate bulk container, textile, with linerWW
Intermediate bulk container, woven plastic, coatedWP
Intermediate bulk container, woven plastic, coated and linerWR
Intermediate bulk container, woven plastic, with linerWQ
Intermediate bulk container, woven plastic, without coat/linerWN
JarJR
Jerrican, cylindricalJY
Jerrican, plastic3H
Jerrican, plastic, non-removable headQM
Jerrican, plastic, removable headQN
Jerrican, rectangularJC
Jerrican, steel3A
Jerrican, steel, non-removable headQK
Jerrican, steel, removable headQL
JugJG
JutebagJT
KegKG
KitKI
LiftvanLV
LogLG
Logs, in bundle/bunch/trussLZ
LotLT
LugLU
LuggageLE
MatMT
MatchboxMX
Mutually definedZZ
NestNS
NetNT
Net, tube, plasticNU
Net, tube, textileNV
Not availableNA
OctabinOT
PackagePK
Package, cardboard, with bottle grip-holesIK
Package, display, cardboardIB
Package, display, metalID
Package, display, plasticIC
Package, display, woodenIA
Package, flowIF
Package, paper wrappedIG
Package, showIE
PacketPA
PailPL
PalletPX
Pallet, 100 cm × 110 cmAH
Pallet, AS 4068-1993OD
Pallet, box Combined open-ended box and palletPB
Pallet, CHEP 100 cm × 120 cmOC
Pallet, CHEP 40 cm × 60 cmOA
Pallet, CHEP 80 cm × 120 cmOB
Pallet, ISO T11OE
Pallet, modular, collars 80 cm × 100 cmPD
Pallet, modular, collars 80 cm × 120 cmPE
Pallet, modular, collars 80 cm × 60 cmAF
Pallet, shrinkwrappedAG
Pallet, triwallTW
Pallet, wooden8A
PanP2
ParcelPC
PenPF
PiecePP
PipePI
Pipes, in bundle/bunch/trussPV
PitcherPH
PlankPN
Planks, in bundle/bunch/trussPZ
PlatePG
Plates, in bundle/bunch/trussPY
Platform, unspecified weight or dimensionOF
PotPT
PouchPO
PunnetPJ
RackRK
Rack, clothing hangerRJ
Receptacle, fibreAB
Receptacle, glassGR
Receptacle, metalMR
Receptacle, paperAC
Receptacle, plasticPR
Receptacle, plastic wrappedMW
Receptacle, woodenAD
RednetRT
ReelRL
RingRG
RodRD
Rods, in bundle/bunch/trussRZ
RollRO
SachetSH
SackSA
Sack, multi-wallMS
Sea-chestSE
SetSX
SheetST
Sheet, plastic wrappingSP
SheetmetalSM
Sheets, in bundle/bunch/trussSZ
ShrinkwrappedSW
SkidSI
SlabSB
SleeveSY
SlipsheetSL
SpindleSD
SpoolSO
SuitcaseSU
TabletT1
Tank container, genericTG
Tank, cylindricalTY
Tank, rectangularTK
Tea-chestTC
TierceTI
TinTN
TrayPU
Tray, containing horizontally stacked flat itemsGU
Tray, one layer no cover, cardboardDV
Tray, one layer no cover, plasticDS
Tray, one layer no cover, polystyreneDU
Tray, one layer no cover, woodenDT
Tray, rigid, lidded stackable (CEN TS 14482:2002)IL
Tray, two layers no cover, cardboardDY
Tray, two layers no cover, plastic trayDW
Tray, two layers no cover, woodenDX
TrunkTR
TrussTS
TubTB
Tub, with lidTL
TubeTU
Tube, collapsibleTD
Tube, with nozzleTV
Tubes, in bundle/bunch/trussTZ
TunTO
TyreTE
UncagedUC
UnitUN
Unpacked or unpackagedNE
Unpacked or unpackaged, multiple unitsNG
Unpacked or unpackaged, single unitNF
Vacuum-packedVP
VanpackVK
VatVA
VehicleVN
VialVI
WickerbottleWB
(5)

Box 37: Procedure is amended as follows:

(a)

Section A, First subdivision is amended as follows:

(i)

Code 42 is replaced by the following:

42

Simultaneous release for free circulation and home use of goods which are the subject of a VAT-exempt supply to another Member State and, when applicable, an excise duty suspension.

Explanation: Exemption from payment of VAT and, where applicable, the excise duty suspension, is granted because the import is followed by an intra-Community supply or transfer of the goods to another Member State. In that case, the VAT and, where applicable, the excise duty will be due in the Member State of final destination. In order to use this procedure, the persons must meet the conditions listed in Article 143(2) of Directive 2006/112/EC and, where applicable, the conditions listed in Article 17(1)(b) of Directive 2008/118/EC.

Example 1

:

Import of goods with exemption from VAT through a tax representative.

Example 2

:

Excise goods imported from a third country, which are released for free circulation and are the subject of a VAT-exempt supply to another Member State. The release for free circulation is immediately followed by a movement under excise duty suspension from the place of importation initiated by a registered consignor in accordance with Article 17(1)(b) of Directive 2008/118/EC.

(ii)

Code 63 is replaced by the following:

63

Reimportation with simultaneous release for free circulation and home use of goods which are the subject of a VAT-exempt supply to another Member State and, when applicable, an excise duty suspension.

Explanation: Exemption from payment of VAT and, where applicable, the excise duty suspension, is granted because the reimportation is followed by an intra-Community supply or transfer of the goods to another Member State. In such a case, the VAT and, where applicable, the excise duty, will be due in the Member State of final destination. In order to use this procedure, the persons must meet the conditions listed in Article 143(2) of Directive 2006/112/EC and, where applicable, the conditions listed in Article 17(1)(b) of Directive 2008/118/EC.

Example 1

:

Reimportation after outward processing or temporary export, with any VAT debt being charged to a tax representative.

Example 2

:

Excise goods reimported after outward processing and released for free circulation, which are the subject of a VAT-exempt supply to another Member State. The release for free circulation is immediately followed by a movement under excise duty suspension from the place of reimportation initiated by a registered consignor in accordance with Article 17(1)(b) of Directive 2008/118/EC.

(b)

In Section B, Second subdivision, point 1 is amended as follows:

(i)

The entry ‘Relief’ is replaced by the following:

Relief (Regulation (EC) No 1186/2009)

Article NoCode
Relief from import duties
Personal property belonging to natural persons transferring their normal place of residence to the Community3C01
Trousseaux and household effects imported on the occasion of a marriage12(1)C02
Presents customarily given on the occasion of a marriage12(2)C03
Personal property acquired by inheritance.17C04
School outfits, educational materials and related household effects21C06
Consignments of negligible value23C07
Consignments sent from one private individual to another25C08
Capital goods and other equipment imported on the transfer of activities from a third country into the Community28C09
Capital goods and other equipment belonging to persons engaged in a liberal profession and to legal persons engaged in a non-profit making activity34C10
Educational, scientific and cultural materials; scientific instruments and apparatus as listed in Annex I42C11
Educational, scientific and cultural materials; scientific instruments and apparatus as listed in Annex II43C12
Educational, scientific and cultural materials; scientific instruments and apparatus imported exclusively for non commercial purposes (including spare parts, components, accessories and tools)44-45C13
Equipment imported for non-commercial purposes by or on behalf of a scientific research establishment or organisation based outside the Community51C14
Laboratory animals and biological or chemical substances intended for research53C15
Therapeutic substances of human origin and blood-grouping and tissue-typing reagents54C16
Instruments and apparatus used in medical research, establishing medical diagnoses or carrying out medical treatment57C17
Reference substances for the quality control of medicinal products59C18
Pharmaceutical products used at international sports events60C19
Goods for charitable or philanthropic organisations61C20
Articles in Annex III intended for the blind66C21
Articles in Annex IV intended for the blind imported by blind persons themselves for their own use (including spare parts, components, accessories and tools).67(1)(a) and 67(2)C22
Articles in Annex IV intended for the blind imported by certain institutions or organisations (including spare parts, components, accessories and tools)67(1)(b) and 67(2)C23
Articles intended for other handicapped persons (other than blind persons) imported by handicapped persons themselves for their own use (including spare parts, components, accessories and tools)68(1)(a) and 68(2)C24
Articles intended for other handicapped persons (other than blind persons) imported by certain institutions or organisations (including spare parts, components, accessories and tools)68(1)(b) and 68(2)C25
Goods imported for the benefit of disaster victims74C26
Honorary decorations or awards81C27
Presents received in the context of international relations82C28
Goods to be used by monarchs or heads of state85C29
Samples of goods of negligible value imported for trade promotion purposes86C30
Printed matter and advertising material imported for trade promotion purposes87-89C31
Products used or consumed at a trade fair or similar event90C32
Goods imported for examination, analysis or test purposes95C33
Consignments sent to organisations protecting copyrights or industrial and commercial patent rights102C34
Tourist information literature103C35
Miscellaneous documents and articles104C36
Ancillary materials for the stowage and protection of goods during their transport105C37
Litter, fodder and feeding stuffs for animals during their transport106C38
Fuel and lubricants present in land motor vehicles and special containers107C39
Materials for cemeteries for, and memorials to, war victims112C40
Coffins, funerary urns and ornamental funerary articles113C41
Relief from export duties
Domesticated animals exported at the time of transfer of agricultural activities from the Community to a third country115C51
Fodder and feeding stuffs accompanying animals during their exportation121C52
(ii)

In the table ‘Agricultural products’, the row for code E02 is replaced by the following:

Standard import values (for example: Regulation (EU) No 543/2011)E02
(iii)

In the table ‘Other’, in the Section ‘Import’, the following row is inserted between the row for code F04 and the row for code F11:

A movement of excise goods under an excise duty suspension arrangement from the place of importation in accordance with Article 17(1)(b) of Directive 2008/118/EC.F06
(6)

In Box 44, Additional information/Documents reproduced/Certificates and Authorisations, point 2(a) is replaced by the following:

‘(a)

Documents, certificates and Community or international authorisations or other references produced in support of the declaration must be entered in the form of a code composed of 4 alpha-numeric characters, and, where applicable, followed either by an identification number or another recognisable reference. The list of documents, certificates, authorisations and other references and their respective codes can be found in the TARIC database.

ANNEX IVU.K.(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:

1701 12Cane or beet sugar and chemically pure sucrose, in solid form7 000 kg
1701 13
1701 14
1701 91
1701 99
(2)

The row for HS code ‘2403 10’ is replaced by the following:

2403 11Smoking tobacco, whether or not containing tobacco substitutes in any proportion35 kg
2403 19