1983R2289 — EN — 01.07.1985 — 001.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B COMMISSIONREGULATION(EEC)No2289/83
of29July1983
laying down provisions for the implementation of Articles 70 to 78 of Council Regulation (EEC)
No918/83establishingaCommunitysystemofduty-freearrangements
(OJ L 220, 11.8.1983, p. 15)
Amended by:
Official Journal
No page date
►M1CommissionRegulation(EEC) No 1746/85 of 26 Jun e 1985 L 167 23 27.6.1985
▼B
COMMISSIONREGULATION(EEC)No2289/83
of29July1983
laying downprovisionsfor the implementation of Articles 70 to 78
of Council Regulation (EEC) No 918/83 establishing a Community
systemofduty-freearrangements
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European EconomicCommunity,
Having regard to Council Regulation (EEC) No 918/83 of 28 March
1983 establishing a Community system of duty-free arrangements(
1),
and in particular Article 143 thereof,
Whereas Regulation(EEC) No 918/83 replaced, by Articles 70 to 78
thereof, Council Regulation (EEC) No 1028/79 of 8 May 1979 on the
importationfree of CommonCustoms Tariff duties of articles for the
use of handicapped persons(2); whereas it is therefore necessary to
substitute for CommissionRegulation(EEC) No 2783/79 of 12December 1979 laying down provisions for the implementation ofRegulation(EEC) No 1028/79(
3) a new Regulation laying down provi-
sions for the implementation of Articles 70 to 78 of Regulation (EEC)
No 918/83;
Whereas the measures provided for inthis Regulationare inaccor-
dance with the opinion of the Committee on Duty-Free Arrangements,
HAS ADOPTED THIS REGULATION:
Article 1
This Regulation lays down provisions for the implementation of Arti-
cles 70 to 78 of Regulation(EEC) No 918/83, herein after called‘basic Regulation’.
CHAPTER I
PROVISIONS APPLICABLE TO IMPORTATIONS CARRIED
OUTBYINSTITUTIONSORORGANIZATIONS
TITLE I
GENERALPROVISIONS
A.Obligations on the part of the institution or organization to
whichthearticles areconsigned
Article 2
1. The admissionfree of import duties of articles referred to inArti-
cles 71, 72 (1) and (2) and 74 of the basic Regulation shall entail thefollowing obligations on the part of the institution or organization to
which they are consigned:
— to dispatch the articles inquestiondirectly to the declared place of
destination,
— to account for them in its inventory,
— to use them exclusively for the purposes specified inthe said Arti-
cles,
— to facilitate any verification which the competent authorities
consider necessary in order to ensure that the conditions forgranting admission free of import duties are satisfied, or remainsatisfied.1983R2289 — EN — 01.07.1985 — 001.001 — 2
(1) OJ No L 105, 23. 4. 1983, p. 1.
(2) OJ No L 134, 31. 5. 1979, p. 8.
(3) OJ No L 318, 13. 12. 1979, p. 27.
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2. The head of the institution or organization to which the articles
are consigned, or his authorized representative shall furnish the compe-tent authorities with a statement declaring that he is aware of the
various obligations listed in paragraph 1 and including an undertaking
to comply with them.
The competent authorities may require that the statement referred to in
the preceding subparagraph be produced for each import, or for severalimports or for all the imports to be carried out by the institution or
organization to which the articles are consigned.
B.Provisionstobeappliedwherethearticlesarelent,hiredoutor
transferred
Article 3
1. Where the provisions of the first sentence of the second subpara-
graph of Article 77 (2) of the basic Regulationare applied, theinstitution or organization to which an article for the use of handi-
capped persons is lent, hired out or transferred shall, from the date of
receipt of the article, comply with the same obligations as those set outinArticle 2.
2. Where the institution or organization to which an article is lent,
hired out or transferred is situated in a Member State other than that
in which the institution or organization that lent, hired out or trans-ferred the article is situated, uponthe dispatch of such article thecompetent customs office of the Member State of dispatch shall issuea Control Copy T No 5 in accordance with the rules laid down inRegulation(EEC) No 223/77 inorder to en sure that such article is put
to a use entitling it to continue to qualify for admission free of import
duties. For this purpose, the said control copy shall include, in box 104under the heading ‘other’, one of the following entries:
— ‘Genstand til handicappede personer: Fortsat fritagelse betinget af
overholdelse af artikel 77, stk. 2, andet afsnit, i forordning (EØF)nr. 918/83’;
— ‘Gegenstand für Behinderte: Weitergewährung der Zollbefreiung
abhängig von der Voraussetzung des Artikels 77 Absatz 2 zweiterUnterabsatz der Verordnung (EWG) Nr. 918/83’;
—‘Αντικείµενα προοριζόµενα για µειονεκτούντα άτοµα:
∆ιατήρηση της ατέλειας εξαρτώµενη από την τήρηση του
άρθρου 77 παράγραφος 2δεύτερο εδάφιο του κανονισµού
(ΕΟΚ) αριθ. 918/83’;
— ‘Article for the handicapped: continuation of relief subject to
compliance with the second subparagraph of Article 77 (2) ofRegulation(EEC) No 918/83’;
— ‘Objet pour personnes handicapées: maintien de la franchise subor-
donné au respect de l'article 77 paragraphe 2 deuxième alinéa durèglement (CEE) n
o918/83’;
— ‘Oggetto per persone minorate: la franchigia è mantenuta a condi-
zione che venga rispettato l'articolo 77 paragrafo 2, secondo
comma del regolamento (CEE) n. 918/83’;
— ‘Voorwerp voor gehandicapten: handhaving van de paragrafo is
afhankelijk van de nakoming van artikel 77, lid 2, tweede alineavan Verordening (EEG) nr. 918/83’.
3. The provisions of paragraphs 1 and 2 shall apply mutatis
mutandis to the loan, hire or transfer of spare parts, components or
accessories specifically for articles for the use of handicapped personsand to tools for the maintenance, control, calibration or repair of thesaid articles which have beenadmitted free of import duties un der thesecond subparagraph of Articles 71 and 72 (2) of the basic Regulation.1983R2289 — EN — 01.07.1985 — 001.001 — 3
▼M1
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TITLE II
SPECIFIC PROVISIONS RELATING TO THE ADMISSION
FREE OF IMPORT DUTIESOF ARTICLESREFERREDTO IN
THEFIRSTSUBPARAGRAPHOFARTICLE71OFTHEBASIC
REGULATION
Article 4
1. Inorder to obtainadmissionfree of import duties of anarticle for
the use of the blind in accordance with the first subparagraph of Article71 of the basic Regulation, the head of the institution or organization to
which the article is consigned, or his authorized representative, must
submit anapplicationto the competen t authority of the Member Statein which the institution or organization is situated.
Such application must be accompanied by all information which the
competent authority considers necessary for the purpose of determining
whether the conditions laid down for granting admission free of import
duties are fulfilled.
2. The competent authority of the Member State where the institu-
tion or organization to which the article is consigned is situated shallgive a direct ruling on the application referred to in paragraph 1.
TITLE III
SPECIFIC PROVISIONS RELATING TO THE IMPORTATION
FREE OF IMPORT DUTIESOF ARTICLESREFERREDTO IN
ARTICLE72(1)OFTHEBASICREGULATION
Article 5
For as long as it has not been established by a Commission decision
adopted inaccordan ce with the procedure laid downinArticle 8 (3)and (4) that the admission free of import duties of articles referred to
inArticle 72 (1) of the basic Regulationis liable to prejudice produc-
tion of equivalent articles within the Community, admission shall begranted free of import duties without checking whether the conditionlaid downinArticle 72 (1) (b) of that Regulationis fulfilled.
Article 6
1. Inorder to obtainadmissionfree of import duties of anarticle for
the use of handicapped persons under the provisions of Article 72 (1)
of the basic Regulation the head of the institution or organization towhich the article is consigned, or his authorized representative, mustsubmit anapplicationto the competen t authority of the Member Statein which the institution or organization is situated.
2. The applicationreferred to inparagraph 1 must con tainthe
following information relating to the article in question:
(a) the precise trade descriptionof the article used by the man ufac-
turer, its presumed CommonCustoms Tariff classificationan d theobjective technical characteristics indicating that it was speciallydesigned for the education, employment or social advancement of
handicapped persons;
(b) the name or business name and address of the manufacturer and, if
available, of the supplier;
(c) the country of origin of the article;
(d) the place of destination of the article;
(e) the use for which the article is intended;
(f) the price of the article or its value for customs purposes;
(g) the quantity of the article in question;
(h) the estimated delivery period;
(i) the date whenthe article was ordered if it has already beenordered.1983R2289 — EN — 01.07.1985 — 001.001 — 4
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Documentary evidence providing all relevant information on the char-
acteristics and technical specifications of the article shall be furnishedwith the application.
Article 7
Without prejudice to the provisions of Article 9, the competent
authority of the Member State in which the institution or organization
to which the articles are consigned is situated, shall take a direct deci-sion on applications under Article 6.
Article 8
1. The competent authorities of the Member States shall provide the
Commission, on their own initiative or at the latter's request, with anyinformation at their disposal, including the relevant technical docu-ments, so that it can assess whether the admission free of importduties of a givenarticle is liable to prejudice productionof equivalen t
articles withinthe Commun ity.
2. Where the Commission is of the opinion, in the light of the infor-
mationat its disposal, that the admissionfree of import duties of anarticle is liable to prejudice the productionof equivalen t articles withinthe Community, it shall as soon as possible notify a group of expertscomposed of representatives of all the Member States, who shall meet
within the framework of the Committee on Duty-Free Arrangements in
order to examine the matter or matters concerned.
The information at the Commission's disposal shall be communicated
to the experts as soonas possible.
3. Where the examination undertaken in accordance with paragraph
2 shows that the importationfree of import duties of anarticle is liableto prejudice the productionof equivalen t articles withinthe Commu-
nity, the Commission shall adopt a decision establishing that the
conditions for admission free of import duties of the said article arenot fulfilled.
4. Inurgen t cases the Commissionmay adopt the decisionreferred
to in paragraph 3 without waiting for consultation of the exports fromthe Member States as provided for inparagraph 2.
Such decision shall be provisional and must be confirmed or revoked
by the Commission once the examination provided for in paragraph 2
has takenplace.
Pending the completion of that procedure, the competent authorities
may authorize the provisional duty-free importation of the articleconcerned subject to an undertaking by the institution or organizationto which the article is consigned to pay the relevant import dutiesshould the Commission's decision be confirmed.
The competent authorities may make such provisional importation free
of import duties conditional on the provision of security on terms to be
laid downby it.
5. The Commission shall notify the Member State concerned of its
decisions as soon as they have been taken. This notification shall, assoonas possible, be published where n ecessary inanabbreviatedform, inthe Official Journal of the European Communities, C series.
6. At least once each year, the Commission shall, on the basis of
information supplied by the Member States concerned, examine the
situationindepth with the group of experts referred to inparagraph 2
in order to determine whether it is necessary to revoke all or part of thedecisions excluding certain articles from admission free of importduties.
Article 9
1. Where the competent authority of the Member State in which is
situated the institution or organization to which the articles areconsigned is unable to determine whether the article for which the1983R2289 — EN — 01.07.1985 — 001.001 — 5
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application under Article 6 was made should be regarded as being
specially designed for the education, employment or social advance-ment of handicapped persons, the application, with the relevant
technical documents, shall be forwarded to the Commission in order
to enable the latter to initiate the procedure laid down in paragraphs 2to 6 below.
Pending the completion of that procedure, the competent authority may
authorize the provisional importation free of import duties of the article
subject to an undertaking by the institution or organization to which thearticle is consigned to pay the relevant customs duties should admis-sion free of import duties not be granted.
The competent authority may make such provisional importation free
of import duties conditional on the provision of security on terms to
be laid downby it.
2. Withintwo weeks of the date of receipt of the application , the
Commissionshall dispatch a copy to each of the other Member States
with the relevant documentation.
3. If, at the expiry of a period of three months from the date of such
dispatch no Member State has sent the Commission objectionsconcerning the admission free of import duties of the article underconsideration, the said article shall be declared to fulfil the conditions
required for importationfree of import duties. The Commissionshall
notify the Member State concerned of its decision within two weeksfollowing the expiry of the aforesaid period. This notification shall, assoonas possible, be published if n ecessary inabbreviated form, intheOfficial Journal of the European Communities, C series.
4. If, withinthe period of three mon ths laid downinparagraph 3, a
Member State has sent the Commission objections regarding the impor-tation free of import duties of the article under consideration, theCommissionshall as soonas possible n otify a group of expertscomposed of representatives of all the Member States, who shall meet
within the framework of the Committee on Duty-Free Arrangements in
order to examine the matter.
The objections referred to in the preceding subparagraph must include
a statement of the grounds therefor. Such grounds must indicate why
the article concerned should not be regarded as being specially
designed for the education, employment or social advancement ofhandicapped persons.
The Commission shall transmit these objections to the Member States
as soonas they are received.
5. Where the examination undertaken in accordance with paragraph
4 shows that the article for which admissionfree of import duties hasbeen requested must be regarded as being specially designed for theeducation, employment or social advancement of handicapped persons,
the Commissionshall adopt a decisiondeclarin g that the said article
fulfils the conditions required for admission free of import duties.
In the contrary case the Commission shall adopt a decision declaring
that the said article does not fulfil the conditions required for admissionfree of import duties.
The Commission shall notify the Member State concerned of its deci-
sionwithintwo weeks. This decisionshall, as soonas possible, bepublished if n ecessary inabbreviated form, inthe Official Journal of
the European Communities, C series.
6. If, onthe expiry of a period of six mon ths from the date onwhich
the application was received by the Commission, the latter has notadopted any decision under paragraph 5, the article in question shallbe deemed to fulfil the conditions required for admission free of importduties.1983R2289 — EN — 01.07.1985 — 001.001 — 6
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Article 10
Authorizations for admission free of import duties shall be valid for a
period of six months.
The competent authorities may, however, set a longer period in the
light of the particular circumstances of each case.
TITLE IV
SPECIFIC PROVISIONS RELATING TO THE ADMISSION
FREE OF IMPORT DUTIESOF ARTICLESREFERREDTO IN
ARTICLE74OFTHEBASICREGULATION
Article 11
1. Inorder to obtainadmissionfree of import duties of anarticle for
the use of handicapped persons under the provisions of Article 74 of
the basic Regulation, the head of the institution or organization towhich the article is consigned, or his authorized representative, mustsubmit anapplicationto the competen t authority of the Member Statein which the institution or organization is situated.
2. Such application must contain the information specified in Article
6 (2) (a) to (e) and must be accompanied by a document or documentsgiving all relevant information on the characteristics and technicalspecifications of the article concerned.
It must also include:
(a) the name or business name and address of the donor;
(b) a declarationby the applican t that the articles for which admission
free of import duties is requested are infact bein g offered to the
institution or organization concerned without a reciprocal commer-cial concession of any kind, in particular without any publicitybeing involved.
Article 12
1. The competent authority of the Member State in which is situated
the institution or organization to which such articles are consigned shalltake a direct decision on applications under Article 11.
2. The competent authority shall authorize admission of that article
free of import duties only if it has been established that the donor is
not deriving any direct or indirect commercial advantage from his gift
to the institution or organization to which the article is consigned.
3. Where the competent authority of the Member State in which is
situated the institution or organization to which an article is consigned
is unable to decide on the basis of information at his disposal whether
the article for which admissionfree of import duties has beenrequestedshould be regarded as being specially designed for the education,employment or social advancement of handicapped persons, the proce-dure laid downinArticle 9 shall apply.
TITLE V
SPECIAL PROVISIONS RELATING TO THE ADMISSION
FREE OF IMPORT DUTIES OF SPARE PARTS, COMPO-NENTS, SPECIFIC ACCESSORIES OR TOOLS UNDER THESECOND SUBPARAGRAPH OF ARTICLE 71 AND ARTICLE
72(2)OFTHEBASICREGULATION
Article 13
For the purposes of the second subparagraph of Articles 71 and 72 (2)
of the basic Regulation, ‘specific accessories’ means items speciallydesigned for use with a specific article for the purpose of improvingits performance and scope.1983R2289 — EN — 01.07.1985 — 001.001 — 7
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Article 14
Inorder to obtainadmissionfree of import duties of spare parts,
components specific accessories or tools under the second subpara-
graph of Article 71 or 72 (2) of the basic Regulation, the head of the
institution or organization to which the articles are consigned, or hisauthorized representative, must submit an application to the competentauthority of the Member State in which the institution or organizationis situated.
This application must be accompanied by all data deemed necessary by
the competent authority for the purpose of determining whether the
conditions laid down in the second subparagraph of Article 71 or in
Article 72 (2) of the basic Regulationare fulfilled.
Article 15
The competent authority of the Member State in which is situated the
institution or organization to which such articles are consigned shallgive a direct decision on applications under Article 14.
CHAPTER II
PROVISIONS APPLICABLE TO IMPORTATIONS CARRIEDOUT BY BLIND PERSONS AND OTHER HANDICAPPED
PERSONS
Article 16
Articles 4, 13, 14 and 15 shall apply mutatis mutandis to exemption
from import duties of the articles referred to in the first and second
subparagraphs of Article 71 of the basic Regulationimported by blin dpersons themselves for their own use.
Article 17
The following shall apply mutatis mutandis to exemptionfrom import
duties of articles imported by handicapped persons themselves for theirownuse:
— Articles 5 to 10 inthe case of articles referred to inArticle 72 (1)
of the basic Regulation,
— Articles 11 and 12 in the case of articles referred to in Article 74 of
the basic Regulation.
— Articles 13, 14 and 15 in the case of articles referred to in Article
72 (2) of the basic Regulation.
Article 18
The competent authorities may allow the application provided for in
Articles 4, 6 and 11 to be made in a simplified form, where it relatesto items imported under the conditions referred to in Articles 16 and17.
CHAPTER III
FINALPROVISIONS
Article 19
Regulation(EEC) No 2783/79 is hereby repealed.
Article 20
This Regulation shall enter into force on 1 July 1984.
This Regulation shall be binding in its entirety and directly applicable
inall Member States.1983R2289 — EN — 01.07.1985 — 001.001 — 8