PART IGENERAL IMPLEMENTING PROVISIONS
TITLE IXSIMPLIFIED PROCEDURES
CHAPTER 4Export declarations
F1Article 279
The export formalities provided for in Articles 786 to 796e may be simplified in accordance with this Chapter.
Section 1Incomplete declarations
F2Article 280
1.
If the declarant so requests, the customs office of export may accept export declarations which do not contain all the particulars set out in Annex 37.
However, those declarations shall contain at least the particulars for an incomplete declaration set out in Annex 30A.
Where the goods are liable for export duties or subject to any other measures provided for under the common agricultural policy, the export declarations shall contain all the information required for the application of such duties or measures.
2.
Articles 255 to 259 shall apply mutatis mutandis to export declarations.
Article 281
1.
Where Article 789 applies, the supplementary declaration may be lodged at the customs office responsible for the place where the exporter is established.
2.
Where the subcontractor is established in a Member State other than that where the exporter is established, paragraph 1 shall only apply where the required data is exchanged electronically in accordance with Article 4d.
3.
The incomplete export declaration shall specify the customs office where the supplementary declaration shall be lodged. The customs office which receives the incomplete export declaration shall communicate the particulars of the incomplete export declaration to the customs office where the supplementary declaration is to be lodged as provided for in paragraph 1.
4.
In the cases referred to in paragraph 2, the customs office which has received the supplementary declaration shall immediately communicate the particulars of the supplementary declaration to the customs office where the incomplete export declaration has been lodged.
Section 2Simplified declaration procedure
Article 282
F11.
Authorisation to use the simplified declaration procedure shall be granted according to the conditions and in the manner laid down in Articles 253, 253a, 253b, 253c, 261(2) and, mutatis mutandis , Article 262.
F22.
The simplified declaration shall contain at least the particulars for a simplified declaration set out in Annex 30A.
Articles 255 to 259 shall apply mutatis mutandis .
Section 3Local clearance procedure
F1Article 283
Authorisation to use the local clearance procedure shall be granted according to the conditions and in the manner laid down in Articles 253, 253a, 253b and 253c to any person, hereinafter referred to as an ‘ approved exporter ’ , wishing to carry out export procedures at his premises or at the other places designated or approved by the customs authorities.
F3Article 284
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2Article 285
1.
The approved exporter shall, before removal of the goods from the places referred to in Article 283, fulfil the following obligations:
(a)
duly inform the customs office of export of such removal by lodging a simplified export declaration, as referred to in Article 282;
(b)
make available to the customs authorities any documents required for the export of the goods.
2.
The approved exporter may lodge a complete export declaration in place of the simplified export declaration. In this case, the requirement for a supplementary declaration, laid down in Article 76(2) of the Code, shall be waived.
F4Article 285a
1.
The customs authorities may exempt the approved exporter from the requirement to lodge a simplified export declaration at the customs office of export for each removal of goods. This exemption shall be granted only if the approved exporter fulfils the following conditions:
(a)
the approved exporter informs the customs office of export of each removal, in the manner and form specified by that office;
(b)
the approved exporter supplies, or makes available, to the customs authorities all information they consider necessary for effective risk analysis before the removal of the goods from the places referred to in Article 283;
(c)
the approved exporter enters the goods in his records.
The entry referred to in point (c) of the first subparagraph may be replaced by any other formality, required by the customs authorities, which offers similar guarantees. This entry shall indicate the date on which it is made and the particulars necessary for the identification of the goods.
F51a.
In cases where Article 592a or 592d applies, the customs authorities may authorise an economic operator to enter in his records immediately each export operation and to report all of them to the authorising customs office in a supplementary declaration on a periodic basis of up to one month after the goods have left the customs territory of the Community. Such authorisation may be granted under the following conditions:
(a)
the economic operator uses the authorisation only for goods which are not subject to prohibitions and restrictions;
(b)
the economic operator provides all the information to the customs office of export which this office considers necessary to enable it perform controls on the goods;
(c)
in cases where the customs office of export is different from the customs office of exit, the customs authorities shall have agreed to the use of such an arrangement and the information referred to under point (b) is also available to the customs office of exit.
Where the arrangement referred to in the first subparagraph is used, entry of the goods in the records shall be deemed to be release for export and exit.
2.
In certain particular circumstances justified by the nature of the goods in question and the rapid turnover of export operations, the customs authorities may, until 30 June 2009 , exempt the approved exporter from the requirements set out in points (a) and (b) of the first subparagraph of paragraph 1, provided that he supplies the customs office of export with all the information it considers necessary to enable it to exercise its right to examine the goods, should the need arise, before the exit of the goods.
In this case, entry of the goods in the records of the approved exporter shall be equivalent to release.
F4Article 285b
1.
The information referred to in point (a) of the first subparagraph of Article 285a(1) shall be given to the customs office of export by the deadlines provided for in Articles 592b and 592c.
2.
The entry in the records referred to in point (c) of the first subparagraph of Article 285a(1) shall include the particulars for the local clearance procedure set out in Annex 30A.
3.
The customs authorities shall ensure that the requirements of Articles 796a to 796e are met.
Article 286
1.
To check that the goods have actually left the customs territory of the Community, Copy No 3 of the Single Administrative Document shall be used as evidence of exit.
The authorization shall stipulate that Copy No 3 of the Single Administrative Document be authenticated in advance.
2.
Prior authentication may be effected in one of the following ways:
(a)
box A may be stamped in advance with the stamp of the competent customs office, and signed by an official from that office;
(b)
the approved exporter may stamp the declaration using a special stamp conforming to the model shown in Annex 62.
The imprint of this stamp may be preprinted on the forms where the printing is entrusted to a printer approved for that purpose.
F23.
Before the departure of the goods the approved exporter shall fulfil the following requirements:
(a)
carry out the procedures referred to in Article 285 or 285a;
(b)
indicate on any accompanying document or any other medium replacing it the following particulars:
- (i)
the reference to the entry in his records;
- (ii)
the date on which the entry referred to in point (i) was made;
- (iii)
the number of the authorisation;
- (iv)
the name of the issuing customs office.
Article 287
F21.
The authorisation referred to in Article 283 shall specify detailed rules for the operation of the procedure and in particular the following:
(a)
the goods to which it applies;
(b)
the way the conditions laid down in Article 285a(1) are to be fulfilled;
(c)
the way and the moment the goods are released;
(d)
the content of any accompanying document or medium replacing it and the means by which it is to be validated;
(e)
the procedure for presenting the supplementary declaration and the time limit within which it must be lodged.
Where Articles 796a to 796e apply, the release referred to in point (c) of the first subparagraph shall be granted in accordance with Article 796b.
2.
The authorization shall include an undertaking by the approved exporter to take all necessary measures to ensure the safekeeping of the special stamp or of the forms bearing the imprint of the stamp of the customs office of export or the imprint of the special stamp.
Section 4Provisions common to Sections 2 and 3
F6Article 288
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Article 289
Where the whole of an export operation takes place on the territory of a single Member State, that Member State may, in addition to the procedures referred to in Sections 2 and 3 and while ensuring compliance with Community policies, provide for other simplifications.
F4However, the declarant shall make available to the customs authorities the necessary information for effective risk analysis and the examination of the goods before the exit of these goods.