1983R2290 — EN — 01.01.1986 — 002.001 — 1
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►B COMMISSIONREGULATION(EEC)No2290/83
of29July1983
laying down provisions for the implementation of Articles 50 to 59 of Council Regulation (EEC)
No918/83settingupaCommunitysystemofreliefs fromcustomsduty
(OJ L 220, 11.8.1983, p. 20)
Amended by:
Official Journal
No page date
►M1Commission Regulation (EEC) No 1745/85 of 26 June 1985 L 167 21 27.6.1985
►M2Commission Regulation (EEC) No 3399/85 of 28 November 1985 L 322 10 3.12.1985
Amended by:
►A1Act of Accession of Spain and Portugal L 302 23 15.11.1985
▼B
COMMISSIONREGULATION(EEC)No2290/83
of29July1983
laying downprovisionsfor the implementation of Articles 50 to 59
of Council Regulation (EEC) No 918/83 setting up a Community
systemofreliefs fromcustomsduty
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 setting up a Community system of reliefs from customs duty(
1),
and in particular Article 143 thereof,
WhereasRegulation (EEC) No 918/83 replaced, by itsArticles50 to
59, Council Regulation (EEC) No 1798/75 of 10 July 1975 on theimportation free of Common Customs Tariff duties of educational,scientific and cultural materials(
2); whereas it is therefore necessary to
replace Commission Regulation (EEC) No 2784/79 of 12 December1979 laying down provisions for the implementation of Regulation
(EEC) No 1798/75(
3) by a new Regulation laying down provisions for
the implementation of Articles50 to 59 of Regulation (EEC) No 918/83;
Whereasthe meas uresprovided for in thisRegulation are in accor-
dance with the opinion of the Committee on Duty-Free Arrangements,
HAS ADOPTED THIS REGULATION:
Article 1
ThisRegulation laysdown provis ionsfor the implementation of Arti-
cles50 to 59 of Regulation (EEC) No 918/83, hereinafter referred to
asthe ‘bas ic Regulation’.
TITLE I
GENERALPROVISIONS
A.Obligations on the part of the establishment or organization to
whichthegoodsareconsigned
Article 2
1. The admission free of import duties of educational, scientific and
cultural materialsreferred to in Article 51, 52 (1), 53 and 56 of the
basic Regulation, hereinafter referred to as ‘goods’, shall entail the
following obligations on the part of the establishment or organizationto which the goodsare cons igned:
— to dispatch the goods in question directly to the declared place of
destination,
— to account for them in itsinventory,
— to facilitate any verification which the competent authorities
consider necessary in order to ensure that the conditions forgranting admis sion free of import duties are satisfied, or remainsatisfied.
In addition, in the case of goods referred to in Articles 52 (1), 53 and
56 of the basic Regulation, it shall entail the obligation on the part ofthe establishment or organization to which the goods are consigned touse the abovementioned goods exclusively for non-commercial1983R2290 — EN — 01.01.1986 — 002.001 — 2
(1) OJ No L 105, 23. 4. 1983, p. 1.
(2) OJ No L 184, 15. 7. 1975, p. 1.
(3) OJ No L 318, 13. 12. 1979, p. 32.▼M1
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purposes within the meaning of the second indent of Article 54 of the
basic Regulation:
2. The head of the establishment or organization to which the goods
are consigned, or his authorized representative, shall furnish thecompetent authoritieswith a s tatement declaring that he isaware of
the variousobligationslis ted in paragraph 1 and including an under-
taking to comply with them.
The competent authoritiesmay require that the s tatement 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 establishment or
organization to which the goodsare cons igned.
B.Provisions to be applied where the goods are lent, hired out or
transferred
Article 3
1. Where the provisions of the first subparagraph of Article 57 (2) of
the basic Regulation are applied, the establishment or organization to
which goods are lent, hired out or transferred shall, from the date ofreceipt of the goods, comply with the same obligations as those setout in Article 2.
2. Where the establishment or organization to which the goods are
lent, hired out or transferred is situated in a Member State other thanthat in which the establishment that lent, hired out or transferred thegoods is situated, upon the dispatch of such goods the competent
customs office of the Member State of dispatch shall issue a Control
Copy T No 5 in accordance with the ruleslaid down in Regulation(EEC) No 223/77 in order to ensure that such goods are put to a useentitling them to continue to qualify for admission free of importduties. For this purpose, the said Control Copy shall include, in box
104 under the heading ‘other’, one of the following
— ‘UNESCO-varer: Fortsat fritagelse betinget af overholdelse af
artikel 57, stk. 2, første afsnit, i forordning (EOF) nr. 918/83’;
— ‘UNESCO-Gegenstand: Weitergewährung der Zollbefreiung
abhängig von der Voraussetzung des Artikels 57 Absatz 2 ersterUnterabsatz der Verordnung (EWG) Nr. 918/83’;
—‘Αντικείµενο UNESCO: ∆ιατήρηση της ατέλειας εξαρτώµενη
από την τήρηση του άρθρου 57 παράγραφος 2 πρώτο εδάφιοτου κανονισµού(ΕΟΚ) αριθ. 918 /83’;
— ‘UNESCO goods: continuation of relief subject to compliance with
the first subparagraph of Article 57 (2) of Regulation (EEC) No
918/83’;
— ‘Objet UNESCO: maintien de la franchise subordonné au respect de
l'article 57 paragraphe 2 premier alinéa du règlement (CEE) n
o918/
83’;
— ‘Oggetto UNESCO: è mantenuta la franchigia a condizione che
venga rispettato l'articolo 57, paragrafo 2, primo comma del regola-
mento (CEE) n. 918/83’;
— ‘UNESCO-voorwerp: handhaving van de vrijstelling is afhankelijk
van de nakoming van artikel 57, lid 2, eerste alinea van Veror-dening (EEG) nr. 918/83’;
— ‘Objeto UNESCO: se mantiene la franquicia subordinada al respeto
del artículo 57, apartado 2, primer párrafo, del Reglamento (CEE)n
o918/83’;
— ‘Objectos UNESCO: é mantida a franquia desde que seja respeitado
ono2, primeiro parágrafo do artigo 57odo Regulamento (CEE)
no918/83’.
3. The provisions of paragraphs 1 and 2 shall apply mutatis
mutandis to the loan, hire or transfer of spare parts, components or1983R2290 — EN — 01.01.1986 — 002.001 — 3
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▼M2
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specific accessories for scientific instruments or apparatus, and to tools
for the maintenance, control, calibration or repair of scientific instru-mentsor apparatus , which have been admitted free of import duties
under Article 53 of the basic Regulation.
TITLE II
SPECIFIC PROVISIONS RELATING TO THE ADMISSION
FREE OF IMPORT DUTIES OF EDUCATIONAL, SCIENTIFICOR CULTURAL MATERIALS IN ACCORDANCE WITH
ARTICLE51OFTHEBASICREGULATION
Article 4
In order to obtain admission free of import duties of goods in accor-
dance with Article 51 of the basic Regulation, the head of theestablishment or organization to which the goods are consigned, or hisauthorized representative, must submit an application to the competentauthority of the Member State in which the establishment or organiza-tion iss ituated.
Such application must be accompanied by all information which the
competent authority considers necessary for the purpose of determiningwhether the conditions laid down for granting admission free of importdutiesare fulfilled.
TITLE III
SPECIFIC PROVISIONS RELATING TO THE IMPORTATION
FREE OF IMPORT DUTIES OF SCIENTIFIC INSTRUMENTS
AND APPARATUS UNDER ARTICLES 52, 54 AND 55 OF THE
BASICREGULATION
Article 5
1. For the purposes of the first indent of Article 54 of the basic
Regulation, the objective technical characteristics of a scientific instru-ment or apparatus shall be understood to mean those characteristics
resulting from the construction of that instrument or apparatus or from
adjustments to a standard instrument or apparatus which make itpossible to obtain high-level performances above those normallyrequired for industrial or commercial use.
Where it is not possible to establish clearly on the basis of its objective
technical characteristics whether an instrument or apparatus is to be
regarded as a scientific instrument or apparatus, reference shall be
made to the general uses in the Community of instruments or apparatusof the type for which admission free of import duties is requested. Ifthis examination shows that the instrument or apparatus in question isused mainly for scientific purposes, it shall be deemed to be of a scien-tific nature.
2. In making the comparison provided for in the third indent of
Article 54 of the basic Regulation, only such technical characteristics
as have a decisive influence on the outcome of the specific workplanned may be regarded as ‘essential’.
The following, in particular, shall not be taken into account in making
thiscomparis on:
— the technical conception of an instrument or apparatus,
— the fact that an instrument or apparatus is able to achieve perfor-
mances superior to those which are necessary for a properexecution of the specific work to be carried out,
— the external appearance of an instrument or apparatus,— itscommercial value,— the servicing intervals,
— any after-sales service that may be provided.1983R2290 — EN — 01.01.1986 — 002.001 — 4
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Article 6
1. In order to obtain admission free of import duties of a scientific
instrument or apparatus under the provisions of Article 52 (1) of the
basic Regulation, the head of the establishment or organization to
which the goods are consigned, or his authorized representative, mustsubmit an application to the competent authority of the Member Statein which the establishment or organization is situated.
2. The application referred to in paragraph 1 must contain the
following information relating to the instrument or apparatus in ques-
tion:
(a) the precise trade description of the instrument or apparatus used by
the manufacturer, its presumed Common Customs Tariff classifica-tion and the objective technical characteristics on the basis ofwhich the instrument or apparatus is considered to be scientific;
(b) the name or business name and address of the manufacturer and, if
available, of the supplier;
(c) the country of origin of the instrument or apparatus;
(d) the place where the instrument or apparatus is to be used;
(e) the use for which the instrument or apparatus is intended;
(f) a detailed description of the project for which the instrument or
apparatusisto be us ed;
(g) the price of the instrument or apparatus or its value for customs
purposes;
(h) the estimated delivery period;
(i) the date when the instrument or apparatus was ordered if it has
already been ordered;
(j) the name or business name and address of the Community firm or
firmswhich have been approached with a view to the s upply of an
instrument or apparatus of a scientific value equivalent to that forwhich admission free of import duties is requested, the outcome ofthese approaches and, where appropriate, detailed reasons why aninstrument or apparatus which is available in the Community
would not be suitable for the particular scientific work to be under-
taken.
Documentary evidence providing all relevant information on the char-
acteristics and technical specifications of the instrument or apparatusmust be furnished with the application.
Article 7
1. The competent authority of the Member State in which iss ituated
the establishment or organization to which the goods are consigned
shall take a direct decision on applications under Article 6 in all cases
where the information at its disposal, if necessary after consultationwith the trade circles concerned, enables it to assess whether or notthe instrument or apparatus is scientific and whether or not there existinstruments or apparatus of equivalent scientific value which arecurrently manufactured in the Community.
2. Where the competent authority of the Member State in which is
situated the establishment or organization to which the goods areconsigned is unable to take a decision as provided in paragraph 1, theapplication, with the relevant technical documents, shall be forwardedto the Commission in order to enable the latter to commence the proce-dure prescribed in paragraphs 3 to 7.
Pending the completion of that procedure, the competent authority may
authorize the provisional importation free of import duties of the instru-ment or apparatusconcerned, s ubject to an undertaking by theestablishment or organization to which the goods are consigned to paythe relevant import duties should admission free of import duties not begranted.1983R2290 — EN — 01.01.1986 — 002.001 — 5
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The competent authority may make such provisional importation free
of import duties conditional on the provision of security on terms tobe laid down by it.
3. Within two weeksof the date of receipt of the application, the
Commission shall dispatch a copy to each of the other Member Statestogether with the relevant documentation.
4. If, on the expiry of a period of three monthsfrom the,date of s uch
dispatch, no Member State has sent the Commission objectionsconcerning the admission free of import duties of the instrument orapparatus under consideration, the said instrument or apparatus shallbe deemed to fulfil the conditions required for admission free of import
duties. The Commission shall notify the Member State concerned of
this decision within two weeks following the expiry of the aforesaidperiod. This notification shall, as soon as possible, be published, wherenecessary in an abbreviated form, in the Official Journal of the
European Communities , C series.
5. If, within the period of three monthslaid down in paragraph 4, a
Member State has sent the Commission objections regarding the impor-tation free of import dutiesof the ins trument or apparatusunderconsideration, the Commission shall as soon as possible notify a groupof experts composed of representatives of all the Member States, who
shall meet within the framework of the Committee on Duty-Free
Arrangementsin 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 either
why the instrument or apparatus concerned should not be regarded as
being scientific, or should indicate precisely the instruments or appa-ratusmanufactured in the Community which are regarded ashaving ascientific value equal to that for which admission free of import dutiesis requested, with the name or business name and address of theCommunity firm or firms who can supply them. In the latter case, the
technical literature relating to the instruments or apparatus under
consideration manufactured in the Community should be forwarded tothe Commission as soon as possible.
The Commission shall transmit this information to the Member States
ass oon asit isreceived.
6. Where the examination undertaken in accordance with paragraph
5 shows that the instrument or apparatus for which admission free ofimport duties has been requested must be regarded as being scientific
and that instruments or apparatus of equivalent scientific value are
currently not manufactured in the Community, the Commission shalladopt a decision declaring that the said instrument or apparatus fulfilsthe conditions required for admission free of import duties.
Where this examination shows that the instrument or apparatus for
which admission free of import duties has been requested is not to be
regarded as scientific, or that there is an instrument, or apparatus ofequivalent scientific value currently manufactured in the Community,the Commission shall adopt a decision declaring that the said instru-ment or apparatus does not fulfil the conditions required for admission
free of import duties.
The Commission decision shall be notified to the Member State
concerned within two weeks. This decision shall, as soon as possible,be published, if necessary in abbreviated form, in the Official Journal
of the European Communities , C series.
7. If, on the expiry of a period of six months from the date on which
the application was received by the Commission, the latter has notadopted any decision under paragraph 6, the instrument or apparatusin question shall be deemed to fulfil the conditions required for admis-
sion free of import duties.
Article 8
Authorizations for admission free of import duties shall be valid for a
period of six months.1983R2290 — EN — 01.01.1986 — 002.001 — 6
▼B
The competent authoritiesmay, however, s et a longer period in the
light of the particular circumstances of each case.
TITLE IV
SPECIFIC PROVISIONS RELATING TO THE ADMISSION
FREE OF IMPORT DUTIES OF SCIENTIFIC INSTRUMENTS
OR APPARATUSUNDERARTICLE56 OF THE BASICREGU-
LATION
Article 9
1. In order to obtain admission free of import duties of scientific
instruments or apparatus under the provisions of Article 56 of the basicRegulation, the head of the establishment or organization to which thegoods are consigned or his authorized representative, must submit an
application to the competent authority of the Member State in which
the establishment or organization is situated.
2. The application referred to in paragraph 1 must contain the infor-
mation specified in Article 6 (2) (a) to (e) and must be accompanied bya document or documentsgiving all relevant information on the char-acteristics and technical specifications of the instrument or apparatusconcerned.
It must also include:
(a) the name or business name and address of the donor;
(b) a declaration by the applicant that the instruments or apparatus for
which admission free of import duties is requested are in fact beingoffered to the establishment or organization concerned without areciprocal commercial concession of any kind, in particular without
any publicity being involved.
Article 10
1. The competent authority of the Member State in which iss ituated
the establishment or organization to which such goods are consigned
shall take a direct decision on applications under Article 9.
2. The competent authority shall authorize admission free of import
duties of the instruments or apparatus under consideration only if it hasbeen established that the donor is not deriving any direct or indirectcommercial advantage from his gift to the establishment or organiza-tion to which the goodsare cons igned.
3. Where the competent authority of the Member State in which is
situated the establishment or organization to which the goods are
consigned is unable to decide on the basis of information at its disposalwhether or not the instrument or apparatus for which admission free ofimport duties has been requested should be regarded as scientific, theprocedure laid down in Article 7 (2) to (7) shall apply.
Article 11
The provisions of Articles 9 and 10 shall apply mutatis mutandis to
toolsfor the maintenance, control, calibration and repair of s cientific
instruments or apparatus which have been admitted free of import
dutiesunder Article 56 of the bas ic Regulation.
TITLE V
SPECIFIC PROVISIONS RELATING TO THE ADMISSIONFREE OF IMPORT DUTIES OF SPARE PARTS, COMPO-NENTS, SPECIFIC ACCESSORIES AND TOOLS UNDER
ARTICLE53OFTHEBASICREGULATION
Article 12
For the purpose of Article 53 (a) of the basic Regulation specific acces-
sories means those articles specially designed for use with a specific1983R2290 — EN — 01.01.1986 — 002.001 — 7
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scientific instrument or apparatus for the purpose of improving its
performance and scope.
Article 13
In order to obtain admission free of import duties under Article 53 of
the basic Regulation, either of spare parts, components or specific
accessories, or of tools, the head of the establishment or organization
to which the goods are consigned, or his authorized representative,must submit an application to the competent authority of the MemberState in which the establishment or organization is situated.
This application must be accompanied by all data deemed necessary by
the competent authority for the purpose of determining whether theconditionslaid down in Article 53 of the bas ic Regulation are fulfilled.
Article 14
1. Subject to the provisions of paragraph 2, the competent authority
of the Member State in which is situated the establishment or organiza-
tion to which the goods are consigned shall take a direct decision in
respect of the application referred to in Article 13.
2. The procedure set out in Article 7 (2) to (7) shall apply mutatis
mutandis in cases where the competent authority of the Member State
in which is situated the establishment or organization to which thegoodsare cons igned isunable to determine whether or not:
— the instrument or apparatus for which are intended the spare parts,
components, specific accessories or tools forming the subject of anapplication as referred to in Article 13 would qualify for admissionfree of import dutiesif it were its elf currently imported into the
Community,
— tools equivalent to those for which admission free of import duties
isreques ted are currently manufactured within the Community.
Article 15
The provisions of Article 8 shall apply to authorizations for admission
free of import duties issued under Article S3 of the basic Regulation.
TITLE VI
COMMUNICATION OF INFORMATION TO THE COMMIS-
SIONANDTHEMEMBERSTATES
Article 16
1. Each Member State shall send the Commission a list of the
instruments, apparatus, spare parts, components, accessories and toolsof which the price or the value for customs purposes exceeds 5 000ECU and for which it has authorized admission free of import duties
under Article 7 (1) or Article 14 (l).
The list shall give the precise trade description of the goods referred to
in the preceding paragraph and the Common Customs Tariff heading orsubheading indicated in the application. It shall also include the nameof the manufacturer or manufacturers, the country or countries of origin
and the price or customs value of the goods concerned.
2. The lists referred to in paragraph 1 shall be sent during the first
and third quarters of each year and shall contain particulars of thosegoods whose admission free of import duties has been authorizedduring the preceding six months. However, Member States mayforward this information for shorter periods.
3. The Commission shall forward these lists to the other Member
States.1983R2290 — EN — 01.01.1986 — 002.001 — 8
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Article 17
1. Each Member State shall also send the Commission a list of the
instruments and apparatus for which it has authorized admission free of
import duties under Article 10. The list shall contain the name or busi-
ness name and address of the manufacturer, the exact trade descriptionsof the goods in question, and their Common Customs Tariff heading orsubheading as given in the application for admission free of importduties.
2. The lists referred to in paragraph 1 shall be sent during the first
and third quarters of each year and shall contain particulars of those
goods whose admission free of import duties has been authorized
during the preceding six months. However, Member States mayforward this information for shorter periods.
3. The Commission shall forward these lists to the other Member
States.
Article 18
The lists referred to in Articles 16 and 17 shall be examined periodi-
cally by the Committee on Duty-Free Arrangements.
TITLE VII
FINALPROVISIONS
Article 19
Regulation (EEC) No 2784/79 ishereby repealed.
Article 20
ThisRegulation s hall enter into force on 1 July 1984.
ThisRegulation s hall be binding in itsentirety and directly applicable
in all Member States.1983R2290 — EN — 01.01.1986 — 002.001 — 9