Commission Regulation (EC) No 312/2009Show full title

ANNEX I U.K.

Annex 30A is amended as follows:

1.

Section 1 is amended as follows:

(a)

in note 1.1, the following sentence is added:

‘The diversion request that needs to be made where an active means of transport entering the customs territory of the Community is to arrive first at a customs office located in a Member State that was not declared in the entry summary declaration contains the information detailed in Table 6.’;

(b)

note 1.2 is replaced by the following:

‘1.2. Tables 1 to 7 include all data elements necessary for the procedures, declarations and diversion requests concerned. They provide comprehensive views of the requirements necessary for the various procedures, declarations and diversion requests.’;

(c)

note 1.6 is replaced by the following:

‘1.6. The descriptions and notes contained in Section 4 in respect of entry and exit summary declaration, of simplified procedures and of diversion requests apply to the data elements referred to in Tables 1 to 7.’;

(d)

in note 2.1, second paragraph, ‘Table 6’ is replaced by ‘Table 7’;

(e)

in note 2.2, second paragraph, ‘Table 6’ is replaced by ‘Table 7’;

(f)

in note 3.1, second paragraph, ‘Table 6’ is replaced by ‘Table 7’;

(g)

in note 3.2, second paragraph, ‘Table 6’ is replaced by ‘Table 7’;

(h)

note 4.1 is replaced by the following:

‘4.1. The columns “Exit summary declaration — Express consignments” and “Entry summary declaration — Express consignments” of Table 2 cover the required data which shall be provided electronically to customs authorities for risk-analysis purposes prior to departure or arrival of express consignments. Postal services may choose to provide electronically the data contained in those columns of Table 2 to customs authorities for risk-analysis purposes prior to departure or arrival of postal consignments.’;

(i)

note 4.2 is replaced by the following:

‘4.2. For the purposes of this Annex, an express consignment means an individual item carried via an integrated service of expedited/time-definite collection, transport, customs clearance and delivery of parcels whilst tracking the location of, and maintaining control over such items throughout the supply of the service.’;

(j)

note 4.3 is replaced by the following:

‘4.3. For the purpose of this Annex, a postal consignment means an individual item of a maximum weight of 50 kg, conveyed via the postal system in accordance with the rules of the Universal Postal Union Convention, when the goods are carried by or on behalf of holders of rights and obligations under such rules.’;

(k)

in note 5.1, ‘Table 6’ is replaced by ‘Table 7’;

2.

Section 2 is amended as follows:

(a)

in point 2.1, in Table 1, between the rows ‘Country(ies) of routing codes’ and ‘Customs office of exit’, the following row is inserted:

‘Mode of transport at the border

Z’

(b)

in point 2.2, Table 2 is amended as follows:

(i)

in the second column, the heading ‘Exit summary declaration — Postal and express consignments (See notes 3.1 and 4.1 to 4.3)’ is replaced by ‘Exit summary declaration — Express consignments (See notes 3.1 and 4.1 to 4.3)’;

(ii)

in the fourth column, the heading ‘Entry summary declaration — Postal and express consignments (See notes 2.1 and 4.1 to 4.3)’ is replaced by ‘Entry summary declaration — Express consignments (See notes 2.1 and 4.1 to 4.3)’;

(iii)

between the rows ‘Carrier’ and ‘Country(ies) of routing codes’, the following rows are inserted:

‘Conveyance reference number			Z
Date and time of arrival at first place of arrival in customs territory			Z’

(iv)

between the rows ‘Country(ies) of routing codes’ and ‘Customs office of exit’, the following row is inserted:

‘Mode of transport at the border

Z’

(c)

in point 2.3, in Table 3, between the rows ‘Country(ies) of routing codes’ and ‘Place of loading’, the following row is inserted:

‘Mode of transport at the border

Z’

(d)

in point 2.4, in Table 4, between the rows ‘Country(ies) of routing codes’ and ‘Place of loading’, the following row is inserted:

‘Mode of transport at the border

Z’

(e)

in point 2.5, Table 5 is amended as follows:

(i)

between the rows ‘Country(ies) of routing codes’ and ‘Customs office of exit’, the following row is inserted:

‘Mode of transport at the border

Z’

(ii)

between the rows ‘Equipment identification number, if containerised’ and ‘Commodity code’, the following row is inserted:

‘Goods item number

X

X’

(f)

the following point 2.6 is inserted:

‘2.6. Requirements for diversion requests — Table 6

Name
Mode of transport at the border	Z
Identification of means of transport crossing the border	Z
Date and time of arrival at first place of arrival in Customs territory	Z
Country code of the declared first office of entry	Z
Person requesting the diversion	Z
MRN	X
Goods item number	X
First place of arrival code	Z
Actual first place of arrival code	Z’

3.

in Section 3, in the heading ‘Requirements for simplified procedures’, ‘Table 6’ is replaced by ‘Table 7’;

4.

Section 4, Data elements explanatory notes, is amended as follows:

(a)

before the data element explanatory note ‘Declaration’, the following is inserted:

‘MRN

Diversion request: The Movement reference number is an alternative to the following two data elements:

• Identification of the means of transport crossing the border,

• Date and time of arrival at first place of arrival in customs territory.’;

(b)

in the data element explanatory note ‘Transport document number’, the first paragraph is replaced by the following:

‘Reference of the transport document that covers the transport of goods into or out of the customs territory. Where the person lodging the entry summary declaration is different from the carrier, the transport document number of the carrier shall also be provided.’;

(c)

the data element explanatory note ‘Consignor’ is amended as follows:

(i)

footnote 2 is deleted;

(ii)

the second paragraph is replaced by the following:

‘Exit summary declarations: This information must be provided when it is different from the person lodging the summary declaration; this information takes the form of the consignor EORI number whenever this number is available to the person lodging the summary declaration. Where the particulars required for an exit summary declaration are included in a customs declaration in accordance with Article 182b(3) of the Code and with Article 216 of this Regulation, this information corresponds to the “Consignor/Exporter” of that customs declaration.

Entry summary declarations: this information takes the form of the consignor EORI number whenever this number is available to the person lodging the summary declaration.’;

(d)

the data element explanatory note ‘Consignor/exporter’ is amended as follows:

(i)

footnote 2 is deleted;

(ii)

after the first paragraph, the following paragraph is inserted:

‘Enter the EORI number referred to in Article 1(16). Where the consignor/exporter does not have an EORI number, the customs administration may assign him an ad hoc number for the declaration concerned.’;

(e)

the data element explanatory note ‘Person lodging the summary declaration’ is amended as follows:

(i)

footnote 1 is deleted;

(ii)

after the words ‘Person lodging the summary declaration’, the following paragraph is inserted:

‘This information takes the form of the person lodging the summary declaration EORI number.’;

(f)

between the data element explanatory note ‘Person lodging the summary declaration’ and the data element explanatory note ‘Consignee’, the following is inserted:

‘Person requesting the diversion

Diversion request: The person making the request for a diversion at entry. This information takes the form of the EORI number of the person requesting the diversion.’;

(g)

the data element explanatory note ‘Consignee’ is amended as follows:

(i)

footnote 1 is deleted;

(ii)

after the table, the following paragraph is inserted:

‘Where this information must be provided, it takes the form of the consignee EORI number whenever this number is available to the person lodging the summary declaration.’;

(iii)

after the paragraph beginning with ‘exit summary declarations’, the following paragraph is added:

‘It takes the form of the consignee EORI number whenever this number is available to the person lodging the summary declaration.’;

(h)

the data element explanatory note ‘Declarant/representative’ is amended as follows:

(i)

footnote 1 is deleted;

(ii)

after the first paragraph, the following sentence is added:

‘This information takes the form of the declarant/representative EORI number.’;

(i)

the data element explanatory note ‘Carrier’ is replaced by the following:

‘Carrier

This information shall be provided where it is different from the person lodging the entry summary declaration.

This information takes the form of the carrier EORI number whenever this number is available to the person lodging the summary declaration. However, in situations covered by Article 183(6) and (8), the EORI number of the carrier shall be provided. The EORI number of the carrier shall also be provided in situations covered by Article 184d(2).’;

(j)

the data element explanatory note ‘Notify party’ is amended as follows:

(i)

footnote 1 is deleted;

(ii)

after the first paragraph, the following sentence is added:

‘This information takes the form of the notify party EORI number whenever this number is available to the person lodging the summary declaration.’;

(k)

in the data element explanatory note ‘Identity and nationality of active means of transport crossing the border’, the first paragraph is replaced by the following:

‘Identity and nationality of active means of transport crossing the border of the customs territory of the Community. The definitions provided for in Annex 37 for SAD box 18 shall be used for identity. Where sea and inland waterways transport is concerned, the IMO ship identification number or unique European Vessel Identification Number (ENI) shall be declared. Where air transport is concerned, no information should be provided.

The codes provided for in Annex 38 for SAD box 21 shall be used for nationality where this information is not yet included in the identity.’;

(l)

between the data element explanatory note ‘Identity and nationality of active means of transport crossing the border’ and the data element explanatory note ‘Conveyance reference number’, the following is inserted:

‘Identification of means of transport crossing the border

Diversion request: This information shall take the form of the IMO ship identification number, the ENI code or the IATA flight number for sea, inland waterways or air transport respectively.

For air transport, in situations where the operator of the aircraft transports goods under a code-share arrangement with partners, the code-share partners' flight numbers shall be used.’;

(m)

in the data element explanatory note ‘Conveyance reference number’, the first paragraph is replaced by the following:

‘Identification of the journey of the means of transport, for example voyage number, flight number, trip number, if applicable.

For air transport, in situations where the operator of the aircraft transports goods under a code-share arrangement with partners, the code-share partners' flight numbers shall be used.’;

(n)

in the data element explanatory note ‘First place of arrival code’, the following paragraph is added:

‘Diversion request: the code of the declared customs office of first entry must be provided.’;

(o)

between the data element explanatory note ‘First place of arrival code’ and the data element explanatory note ‘Date and time of arrival at first place of arrival in customs territory’, the following is inserted:

‘Actual first place of arrival code

Diversion request: the code of the actual customs office of first entry must be provided.

Country code of the declared first office of entry

Diversion request: Codes provided for in Annex 38 for SAD box 2 shall be used.’;

(p)

in the data element explanatory note ‘Date and time of arrival at first place of arrival in customs territory’, the following paragraph is added:

‘Diversion request: This information shall be limited to the date; code n8 (CCYYMMDD) shall be used.’;

(q)

in the data element explanatory note ‘Country(ies) of routing codes’, the second and third paragraphs are replaced by the following:

‘Exit express consignments summary declarations — postal consignments: only the country of final destination of the goods shall be provided.

Entry express consignments summary declarations — postal consignments: only the country of original departure of the goods shall be provided.’;

(r)

between the data element explanatory note ‘Currency code’ and the data element explanatory note ‘Customs office of exit’, the following is inserted:

‘Mode of transport at the border

Entry summary declaration: Mode of transport corresponding to the active means of transport in which the goods are expected to enter the customs territory of the Community. In the case of combined transportation, the rules set out in Annex 37 explanatory note for box 21 shall apply.

Where air cargo is transported on modes of transport other than air, the other mode of transport shall be declared.

Codes 1, 2, 3, 4, 7, 8 or 9 as provided for in Annex 38 for SAD box 25 shall be used.

[Ref.: SAD box 25].’;

(s)

in the data element explanatory note ‘Customs office of exit’, the second paragraph is replaced by the following:

‘Exit express consignments summary declarations — postal consignments: this element does not need to be provided where it can be deduced automatically and unambiguously from other data elements provided by the trader.’;

(t)

in the data element explanatory note ‘Place of loading’, the second paragraph is replaced by the following:

‘Entry express consignments summary declarations — postal consignments: this element does not need to be provided where it can be deduced automatically and unambiguously from other data elements provided by the trader.’;

(u)

in the data element explanatory note ‘Goods item number’, the first paragraph is replaced by the following:

‘Number of the item in relation to the total number of items contained in the declaration, the summary declaration or the diversion request.

Diversion request: where the MRN is provided and the diversion request does not concern all items of goods of an entry summary declaration, the person requesting the diversion shall provide the relevant item numbers attributed to the goods in the original entry summary declaration.’

ANNEX II U.K.

Annex 37, Title II, is amended as follows:

1.

Section A is amended as follows:

(a)

in box 2: Consignor/Exporter, the first paragraph is replaced by the following:

‘Enter the EORI number referred to in Article 1(16). Where the consignor/exporter does not have an EORI number, the customs administration may assign him an ad hoc number for the declaration concerned.’;

(b)

in box 8: Consignee, the second paragraph is replaced by the following:

‘Where an identification number is required, enter the EORI number referred to in Article 1(16). If an EORI number has not been assigned to the consignee, enter the number required by the legislation of the Member State concerned.’;

(c)

in box 14: Declarant/Representative, the first paragraph is replaced by the following:

‘Enter the EORI number referred to in Article 1(16). Where the declarant/representative does not have an EORI number, the customs administration may assign him an ad hoc number for the declaration concerned.’;

(d)

in box 50: Principal, the first sentence is replaced by the following:

‘Enter the full name (person or company) and address of the principal, together with the EORI number referred to in Article 1(16). Where the EORI number is provided, Member States may waive the obligation to provide the full name (person or company) and address.’;

2.

Section C is amended as follows:

(a)

in box 2: Consignor/Exporter, the third paragraph is replaced by the following:

‘Where an identification number is required, enter the EORI number referred to in Article 1(16). If an EORI number has not been assigned to the consignor/exporter, enter the number requested by the legislation of the Member State concerned.’;

(b)

in box 8: Consignee, the first paragraph is replaced by the following:

‘Enter the EORI number referred to in Article 1(16). Where the consignee does not have an EORI number, the customs administration may assign him an ad hoc number for the declaration concerned.’;

(c)

in box 14: Declarant/Representative, the first paragraph is replaced by the following:

‘Enter the EORI number referred to in Article 1(16). Where the declarant/representative does not have an EORI number, the customs administration may assign him an ad hoc number for the declaration concerned.’

ANNEX III U.K.

Annex 38, Title II, is amended as follows:

1.

the text of box 2: Consignor/Exporter is replaced by the following:

‘Where an identification number is required, the EORI number shall be used. It is structured as follows:

Field	Content	Field type	Format	Examples
1	Identifier of the Member State assigning the number (ISO alpha 2 country code)	Alphabetic 2	a2	PL
2	Unique identifier in a Member State	Alphanumeric 15	an..15	1234567890ABCDE

Example: ‘PL1234567890ABCDE’ for a Polish exporter (country code: PL) whose unique national EORI number is ‘1234567890ABCDE’.

Country code: the Community’s alphabetical codes for countries and territories are based on the current ISO alpha 2 codes (a2) in so far as they are compatible with the requirements of 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(1). The Commission regularly publishes regulations updating the list of country codes.’;

2.

the text of box 8: Consignee is replaced by the following:

‘Where an identification number is required, the EORI number, structured as specified in the description for box 2, shall be used.’;

3.

in box 14: Declarant/Representative, point (b) is amended as follows:

(a)

the first sentence is replaced by the following:

‘Where an identification number is required, the EORI number, structured as specified in the description for box 2, shall be used.’;

(b)

the second sentence is deleted;

4.

the following box 50 is inserted after box 49:

‘Box 50: Principal

Where an identification number is required, the EORI number, structured as specified in the description for box 2, shall be used.’

ANNEX IV U.K.

“ANNEX 38d (referred to in Article 4o)

Data processed in the central system provided for in Article 4o(1) U.K.

1. EORI number as referred to in Article 1(16). U.K.

2. Full name of the person. U.K.

3. Address of establishment/address of residence: the full address of the place where the person is established/resides, including the identifier of the country or territory (ISO alpha 2 country code, if available, as defined in Annex 38, Title II, box 2.). U.K.

4. VAT identification number(s), where assigned by Member States. U.K.

5. Where appropriate, the legal status as mentioned in the document of establishment. U.K.

6. Date of establishment or, in the case of a natural person, date of birth. U.K.

7. Type of person (natural person, legal person, association of persons as referred to in Article 4(1) of the Code) in a coded form. The relevant codes are given below: U.K.

(1)

Natural person

(2)

Legal person

(3)

Association of persons as referred to in Article 4(1) of the Code

8. Contact information: contact person name, address and any of the following: telephone number, fax number, e-mail address. U.K.

9. In the case of a person not established in the customs territory of the Community: identification number(s), where assigned to the person concerned for customs purposes by the competent authorities in a third country with which an Agreement on Mutual Administrative Assistance in customs matters is in force. This identification number(s) shall include the identifier of the country or territory (ISO alpha 2 country code, if available, as defined in Annex 38, Title II, box 2). U.K.

10. Where appropriate, principal economic activity code at 4 digit level in accordance with the Statistical Classification of Economic Activities in the European Community (NACE) listed in the business register of the Member State concerned. U.K.

11. Expiry date of the EORI number, where applicable. U.K.

12. Consent, if given, to disclosure of personal data listed in points 1, 2 and 3.” U.K.

(1)

OJ L 118, 25.5.1995, p. 10.’;