1983R2290 — EN — 01.01.1989 — 003.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B ►M3 COMMISSION REGULATION (EEC) No 2290/83
of 29 July 1983
laying down provisions for the implementation of Articles 50 to 59 and Articles 63a and 63b of
Council Regulation (EEC) No 918/83 setting up a Community system of reliefs from customs
duty◄
(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
►M3Commission Regulation (EEC) No 3893/88 of 14 December 1988 L 346 32 15.12.1988
Amended by:
►A1Act of Accession of Spain and Portugal L 302 23 15.11.1985
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►M3 COMMISSION REGULATION (EEC) No 2290/83
of 29 July 1983
laying down provisions for the implementation of Articles 50 to 59
and Articles 63a and 63b of Council Regulation (EEC) No 918/83
setting up a Community system of reliefs from customs duty ◄
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic
Community,
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,
Whereas Regulation (EEC) No 918/83 replaced, by its Articles 50 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 December
1979 laying down provisions for the implementation of Regulation(EEC) No 1798/75(
3) by a new Regulation laying down provisions for
the implementation of Articles 50 to 59 of Regulation (EEC) No 918/83;
Whereas the measures provided for in this Regulation are in accor-
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 50 to 59 and Articles 63a and 63b of Regulation (EEC) No 918/83, hereinafter referred to as the ‘basic Regulation’.
TITLE I
GENERAL PROVISIONS
A.Obligations on the part of the establishment or organization to
which the goods are consigned
Article 2
1. The admission free of import duties of educational, scientific and
cultural materials referred 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 goods are consigned:
— to dispatch the goods in question directly to the declared place of
destination,
— to account for them in its inventory,
— 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 remain
satisfied.
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 of1983R2290 — EN — 01.01.1989 — 003.001 — 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.▼M3
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the establishment or organization to which the goods are consigned to
use the abovementioned goods exclusively for non-commercialpurposes 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 authorities with a statement declaring that he is aware ofthe various obligations listed in paragraph 1 and including an under-taking to comply withth em.
The competent authorities may require that the statement referred to in
the preceding subparagraph be produced for each import, or for several
imports, or for all the imports to be carried out by the establishment ororganization to which the goods are consigned.
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 towhich 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 than
that in which the establishment that lent, hired out or transferred thegoods is situated, upon the dispatch of such goods the competentcustoms office of the Member State of dispatch shall issue a ControlCopy T No 5 in accordance withth e rules laid down in Regulation
(EEC) No 223/77 in order to ensure that such goods are put to a use
entitling them to continue to qualify for admission free of importduties. For this purpose, the said Control Copy shall include, in box104 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 erster
Unterabsatz der Verordnung (EWG) Nr. 918/83’;
—‘Αντικείµενο UNESCO: ∆ιατήρηση της ατέλειας εξαρτώµενη
από την τήρηση του άρθρου 57 παράγραφος 2 πρώτο εδάφιο
του κανονισµού(ΕΟΚ) αριθ. 918 /83’;
— ‘UNESCO goods: continuation of relief subject to compliance with
the first subparagraph of Article 57 (2) of Regulation (EEC) No918/83’;
— ‘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’.1983R2290 — EN — 01.01.1989 — 003.001 — 3
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3. The provisions of paragraphs 1 and 2 shall apply mutatis
mutandis to the loan, hire or transfer of spare parts, components or
specific accessories for scientific instruments or apparatus, and to tools
for the maintenance, control, calibration or repair of scientific instru-
ments or apparatus, which have been admitted free of import dutiesunder Article 53 of the basic Regulation.
TITLE II
SPECIFIC PROVISIONS RELATING TO THE ADMISSIONFREE OF IMPORT DUTIES OF EDUCATIONAL, SCIENTIFICOR CULTURAL MATERIALS IN ACCORDANCE WITH
ARTICLE 51 OF THE BASIC REGULATION
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 the
establishment or organization to which the goods are consigned, or his
authorized representative, must submit an application to the competentauthority of the Member State in which the establishment or organiza-tion 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 importduties are fulfilled.
TITLE III
SPECIFIC PROVISIONS RELATING TO THE IMPORTATIONFREE OF IMPORT DUTIES OF SCIENTIFIC INSTRUMENTSAND APPARATUS UNDER ARTICLES 52, 54 AND 55 OF THE
BASIC REGULATION
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 beregarded as a scientific instrument or apparatus, reference shall bemade to the general uses in the Community of instruments or apparatusof the type for which admission free of import duties is requested. If
this examination shows that the instrument or apparatus in question is
used 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 work
planned may be regarded as ‘essential’.
The following, in particular, shall not be taken into account in making
this comparison:
— 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 proper
execution of the specific work to be carried out,
— the external appearance of an instrument or apparatus,— its commercial value,— the servicing intervals,— any after-sales service that may be provided.1983R2290 — EN — 01.01.1989 — 003.001 — 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 towhich 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
apparatus is to be used;
(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
firms which have been approached with a view to the supply of aninstrument or apparatus of a scientific value equivalent to that forwhich admission free of import duties is requested, the outcome of
these approaches and, where appropriate, detailed reasons why an
instrument or apparatus which is available in the Communitywould 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 apparatus
must be furnished with the application.
Article 7
1. The competent authority of the Member State in which is situated
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 are
currently 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 paragraph1, th eapplication, with the relevant technical documents, shall be forwarded
to the Commission in order to enable the latter to commence the proce-
dure prescribed in paragraphs 3 to 7.
Pending a decision on the application for duty-free admission in accor-
dance with this Article, the competent authority may authorize theprovisional importation free of import duties of the instrument or appa-ratus concerned, subject to an undertaking by the establishment ororganization to which the goods are consigned to pay the relevantimport duties should admission free of import duties not be granted.1983R2290 — EN — 01.01.1989 — 003.001 — 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 weeks of 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 months from the,date of such
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 months laid down in paragraph 4, a
Member State has sent the Commission objections regarding the impor-tation free of import duties of the instrument or apparatus underconsideration, 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
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 either
why the instrument or apparatus concerned should not be regarded as
being scientific, or should indicate precisely the instruments or appa-ratus manufactured in the Community which are regarded as having 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
as soon as it is received.
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 scientificand that instruments or apparatus of equivalent scientific value are
currently not manufactured in the Community, the Commission shall
adopt 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 admissionfree 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 paragraph6, th e instrument or apparatusin question shall be deemed to fulfil the conditions required for admis-
sion free of import duties. ►
M3The period may, however, be
extended, provided that the period in total does not exceed ninemonths, where the Commission has found it necessary to seek furtherinformation from the Member State in order to reach a decision. In thiscase the Commission must inform the requesting competent authoritybefore the initial six-month period expires. ◄1983R2290 — EN — 01.01.1989 — 003.001 — 6
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Article 8
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 ADMISSIONFREE OF IMPORT DUTIES OF SCIENTIFIC INSTRUMENTSOR APPARATUS UNDER ARTICLE 56 OF THE BASIC REGU-
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 the
goods are consigned or his authorized representative, must submit an
application to the competent authority of the Member State in whichthe 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 documents giving all relevant information on the char-acteristics and technical specifications of the instrument or apparatus
concerned.
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 being
offered to the establishment or organization concerned without areciprocal commercial concession of any kind, in particular withoutany publicity being involved.
Article 10
1. The competent authority of the Member State in which is situated
the establishment or organization to which such goods are consignedshall 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 goods are consigned.
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
tools for the maintenance, control, calibration and repair of scientificinstruments or apparatus which have been admitted free of importduties under Article 56 of the basic Regulation.1983R2290 — EN — 01.01.1989 — 003.001 — 7
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TITLE V
SPECIFIC PROVISIONS RELATING TO THE ADMISSION
FREE OF IMPORT DUTIES OF SPARE PARTS, COMPO-
NENTS, SPECIFIC ACCESSORIES AND TOOLS UNDER
ARTICLE 53 OF THE BASIC REGULATION
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 specific
scientific instrument or apparatus for the purpose of improving itsperformance 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 specificaccessories, or of tools, the head of the establishment or organizationto which the goods 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.
This application must be accompanied by all data deemed necessary by
the competent authority for the purpose of determining whether theconditions laid down in Article 53 of the basic 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 inrespect 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 thegoods are consigned is unable 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 an
application as referred to in Article 13 would qualify for admission
free of import duties if it were itself currently imported into theCommunity,
— tools equivalent to those for which admission free of import duties
is requested 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 Va
SPECIAL PROVISIONS RELATING TO THE ADMISSIONFREE OF IMPORT DUTIES OF MEDICAL INSTRUMENTS
OR APPARATUS UNDER ARTICLES 63a AND 63b OF THE
BASIC REGULATION
Article 15a
1. In order to obtain admission free of import duties of instruments
or apparatus under Articles 63a and 63b of the basic Regulation, thehead of the establishment or organization to which the goods areconsigned, or his authorized representative, must submit an applicationto the competent authority of the Member State in which the establish-ment or organization is situated.1983R2290 — EN — 01.01.1989 — 003.001 — 8
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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, and its presumed classification in the tariffnomenclature;
(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 which the instrument or apparatus is to be put.
3. In the case of a gift, the application shall also include:
(a) the name of business name and address of the donor;
(b) a declaration by the applicant to the effect that:
(i) the donation of the instrument or apparatus in question does
not conceal any commercial intent on the part of the donor;
(ii) the donor is no way associated with the manufacturer of the
instruments or apparatus whose duty-free admission isrequested.
Article 15b
1. Where the competent authority of a Member State is considering
granting duty-free admission of apparatus or instruments as defined in
Article 63a of the basic Regulation, it shall consult the other Member
States to ascertain whether equivalent apparatus or instruments arebeing manufactured in the Community.
2. If no reply is received by the consulting authority within four
months, it shall take the view that no instruments equivalent to thatfor which duty-free admission is requested are being manufactured in
the Member States consulted.
3. Where the four-month period proves insufficient for the authority
consulted, that authority shall inform the consulting authority accord-ingly and at the same time state the period within which a final replymay be expected from it. Such period shall not, however, exceed afurther two months.
4. Where on completion of the consultation procedure provided for
in paragraphs 1 to 3, the consulting authority finds that the conditions
laid down in Article 63a (1) (a), (b) and (c) of the basic Regulation aremet it shall grant the relief. Otherwise it shall refuse it.
Article 15c
Where the competent authority of the Member State in which the
establishment or body to which the goods are consigned is situated isunable to take a decision as referred to in Article 15b, the provisionsgoverning the procedure laid down in Article 7 (2) to (7) in respect of
the duty-free admission of scientific instruments and apparatus shall
applymutatis mutandis .
Article 15d
The provisions of Articles 15a to 15c shall apply mutatis mutandis to
spare parts, components, specific accessories and tools to be used forthe maintenance, checking, calibration or repair of instruments or appa-ratus admitted duty-free pursuant to Article 63a (2) (a) and (b) of thebasic Regulation.
Article 15e
The provisions of Article 8 shall apply, mutatis mutandis .1983R2290 — EN — 01.01.1989 — 003.001 — 9
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TITLE VI
COMMUNICATION OF INFORMATION TO THE COMMIS-
SION AND THE MEMBER STATES
Article 16
1.►M3Each Member State shall send the Commission a list of
the instruments, apparatus, spare parts, components, accessories and
tools of which the price or the value for customs purposes exceeds
Ecu 5 000 and for which it has authorized or refused admission freeof import duties under Article 7 (1), 14 (1) or 15b (4). ◄
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 name
of 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 may
forward this information for shorter periods.
3. The Commission shall forward these lists to the other Member
States.
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 ofimport 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 or
subheading as given in the application for admission free of import
duties.
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.
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
FINAL PROVISIONS
Article 19
Regulation (EEC) No 2784/79 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
in all Member States.1983R2290 — EN — 01.01.1989 — 003.001 — 10
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