Regulation (EEC) No 2454/93 is amended as follows:
Article 6(3)(A)(k) is replaced by the following:
‘acceptance that the information supplied may be stored on a database of the Commission and that the particulars of the binding tariff information, including any photograph(s), sketch(es), brochure(s) etc., may be disclosed to the public via the Internet, with the exception of the information which the applicant has marked as confidential; the provisions governing the protection of information in force shall apply.’
Article 8 is replaced by the following:
1.In the case of binding tariff information, the customs authorities of the Member States shall, without delay, transmit to the Commission the following:
(a)a copy of the application for binding tariff information (set out in Annex 1B);
(b)a copy of the binding tariff information notified (copy No 2 set out in Annex 1);
(c)the data as given on copy No 4 set out in Annex 1.
In the case of binding origin information they shall, without delay, transmit to the Commission the relevant details of the binding origin information notified.
Such transmission shall be effected by electronic means.
2.Where a Member State so requests, the Commission shall send it without delay the particulars obtained in accordance with paragraph 1. Such transmission shall be effected by electronic means.
3.The electronically transmitted data of the application for binding tariff information, the binding tariff information notified and the data as given on copy No 4 of Annex 1 shall be stored in a central database of the Commission. The data of the binding tariff information, including any photograph(s), sketch(es), brochure(s) and so forth, may be disclosed to the public via the Internet, with the exception of the confidential information contained in boxes 3 and 8 of the binding tariff information notified.’
In Article 212, the following paragraph 4 is added:
‘4.The Member States shall notify the Commission of the listof particulars they require for each of the procedures referred toin Annex 37. The Commission shall publish the list of those particulars.’
In Article 213, the [X1following second subparagraph] is added:
‘The Member States shall notify the Commission of the list of national codes used for boxes 37 (second subdivision), 44 and 47 (first subdivision). The Commission shall publish the list of those codes.’
Article 216 is replaced by the following:
The list of boxes to be used for declarations for placing goods under a particular customs procedure using the single administrative document is set out in Annex 37.’
In Article 254, the introductory wording is replaced by the following:
‘Declarations for release for free circulation which the customs authorities may accept, at the declarant's request, without their containing some of the particulars referred to in Annex 37 shall contain at least the particulars referred to in boxes 1 (first and second subdivisions), 14, 21 (nationality), 31, 37, 40 and 54 of the single administrative document and:’
Article 269(4) is replaced by the following:
‘4.The procedure referred to in the second indent of paragraph1 shall apply to Type B warehouses except that it shall not bepossible to use a commercial document. Where the administrativedocument does not contain all the particulars shown in Annex 37,Title I(B), these should be supplied on the accompanying application.’
Article 275(1) is replaced by the following:
‘1.Declarations of entry for a customs procedure with economicimpact other than outward processing or customs warehousingwhich the customs office of entry for the procedure may accept,at the declarant's request, without their containing some of theparticulars referred to in Annex 37 or without their being accompaniedby certain documents referred to in Article 220 shall containat least the particulars referred to in boxes 1 (first and secondsubdivisions), 14, 21 (nationality), 31, 37, 40 and 54 of the singleadministrative document and, in box 44, a reference to the authorisation,or a reference to the application where Article 508(1)applies.’
Article 280(1) and (2) are replaced by the following:
‘1.Export declarations which the customs office may accept, atthe declarant's request, without their containing some of the particularsreferred to in Annex 37 shall contain at least the particularsreferred to in boxes 1 (first and second subdivisions), 2, 14, 17a,31, 33, 38, 44 and 54 of the single administrative document andany further information considered necessary in order to identifythe goods, to apply the provisions governing their export or todetermine the amount of any security required before the goodsmay be exported.
Where the goods are liable for export duties or subject to any othermeasures provided for under the common agricultural policy, thoseexport declarations shall contain all the information required forthe proper application of such duties or measures.
2.The customs authorities may allow the declarant not tocomplete boxes 17a and 33 on condition that he declares thatexport of the goods in question is not subject to prohibitions orrestrictions and the customs authorities have no reason for doubtin this respect and that the description of the goods allows theCombined Nomenclature classification to be determined immediatelyand unambiguously.’
In the second subparagraph of Article 292(5), the second indent is replaced by the following:
‘otherwise, where the applicant's main accounts are held facilitating audit-based controls of the arrangements.’
In Part II, Title I, Chapter 3, the title of Section 2 is replaced by the following:
‘Surveillance of goods’
Article 308d(1) and (2) are replaced by the following:
‘1.Where Community surveillance is to be made, the MemberStates shall provide surveillance reports to the Commission at leastonce each month containing details of the quantities of productsput into free circulation or exported. As regards imports, and atthe Commission's request, Member States shall confine this datato imports with the benefit preferential tariff arrangements.
2.The surveillance reports of the Member States shall indicatethe total quantities put into free circulation or exported, as thecase may be since the first day of the period concerned.’
In Article 500(2), the following third subparagraph is added:
‘Where the competent customs authorities cannot be determined under the first or second subparagraph, the application shall be submitted to the customs authorities designated for the place where the applicant's main accounts are held facilitating audit-based controls of the arrangements.’
Article 555(1)(a) is replaced by the following:
‘“commercial use” means the use of means of transport for the transport of persons for remuneration or the industrial or commercial transport of goods, whether or not for remuneration;’
Annex 1 is replaced by the text in Annex I to this Regulation.
Annex 1B is replaced by the text in Annex II to this Regulation.
Annexes 31 to 34 are replaced by the text in Annex III to this Regulation.
Annexes 37 and 38 are replaced by the text in Annex IV to this Regulation.
Annex 74 is amended in accordance with Annex V to this Regulation.
Annex 75 is replaced by the text in Annex VI to this Regulation.
Editorial Information
X1 Substituted by Corrigendum to Commission Regulation (EC) No 2286/2003 of 18 December 2003 amending Regulation (EEC) No 2454/93 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code (Official Journal of the European Union L 343 of 31 December 2003).
Before 1 January 2005, the Commission shall evaluate Member States' plans for implementation of the measures provided for in Article 1(3) to (9), (17) and (18). That evaluation shall be based on a report drawn up from contributions of the Member States.
[X21. This Regulation shall enter into force on the seventh day following that of its publication in the Official Journal of the European Union .]
2.Article 1(11) and (12) shall apply with effect from 1 January 2004.
3.Article 1(1), (2), (15) and (16) shall apply with effect from 1 February 2004.
4.Article 1(3) to (9), (17) and (18) of shall apply with effect from 1 January 2006. However, Member States may implement them before that date. In such cases, Member States shall notify the Commission of the date on which they implement the provisions of this Regulation. The Commission shall publish that information.
The Commission may decide, on the basis of the evaluation provided for in Article 2 and in accordance with the committee procedure, whether and subject to what conditions a deferral of the date specified in the first subparagraph is necessary. The Commission shall publish that information.
Editorial Information
X2 Substituted by Corrigendum to Commission Regulation (EC) No 2286/2003 of 18 December 2003 amending Regulation (EEC) No 2454/93 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code (Official Journal of the European Union L 343 of 31 December 2003).
This Regulation shall be binding in its entirety and directly applicable in all Member States.