1983R2290 — EN — 01.07.1985 — 001.001 — 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
►M1CommissionRegulation(EEC) No 1745/85 of 26 Jun e 1985 L 167 21 27.6.1985
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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,
Whereas Regulation(EEC) No 918/83 replaced, by its Articles 50 to
59, Council Regulation (EEC) No 1798/75 of 10 July 1975 on theimportationfree of CommonCustoms Tariff duties of education al,scientific and cultural materials(
2); whereas it is therefore necessary to
replace CommissionRegulation(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 Articles 50 to 59 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 50 to 59 of Regulation(EEC) No 918/83, herein after referred to
as the ‘basic 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 materials referred to inArticle 51, 52 (1), 53 an d 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 inquestiondirectly 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 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 — 01.07.1985 — 001.001 — 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 authorities with a statement declaring that he is aware ofthe various obligations listed in paragraph 1 and including an under-
taking 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 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 of
receipt of the goods, comply with the same obligations as those set
out inArticle 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 the
goods is situated, uponthe dispatch of such goods the competen tcustoms office of the Member State of dispatch shall issue a ControlCopy T No 5 inaccordan ce with the rules laid downinRegulation(EEC) No 223/77 inorder to en sure that such goods are put to a use
entitling them to continue to qualify for admission free of import
duties. 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 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’.
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 toolsfor 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.1983R2290 — EN — 01.07.1985 — 001.001 — 3
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TITLE II
SPECIFIC PROVISIONS RELATING TO THE ADMISSION
FREE OF IMPORT DUTIES OF EDUCATIONAL, SCIENTIFIC
OR CULTURAL MATERIALS IN ACCORDANCE WITH
ARTICLE51OFTHEBASICREGULATION
Article 4
Inorder to obtainadmissionfree of import duties of goods inaccor-
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-tionis 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
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 characteristicsresulting from the construction of that instrument or apparatus or fromadjustments to a standard instrument or apparatus which make itpossible to obtain high-level performances above those normally
required 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 apparatus
of the type for which admissionfree of import duties is requested. If
this 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
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 properexecutionof 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.
Article 6
1. Inorder to obtainadmissionfree of import duties of a scien tific
instrument or apparatus under the provisions of Article 52 (1) of thebasic Regulation, the head of the establishment or organization towhich the goods are consigned, or his authorized representative, must1983R2290 — EN — 01.07.1985 — 001.001 — 4
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submit anapplicationto the competen t authority of the Member State
in which the establishment or organization is situated.
2. The applicationreferred to inparagraph 1 must con tainthe
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 beenordered;
(j) the name or business name and address of the Community firm or
firms which have beenapproached with a view to the supply of aninstrument or apparatus of a scientific value equivalent to that forwhich admissionfree 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 caseswhere 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 exist
instruments 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 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 inparagraphs 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 apparatus concerned, subject 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 be
granted.
The competent authority may make such provisional importation free
of import duties conditional on the provision of security on terms tobe laid downby it.
3. Withintwo weeks of the date of receipt of the application , the
Commissionshall dispatch a copy to each of the other Member Statestogether with the relevant documentation.1983R2290 — EN — 01.07.1985 — 001.001 — 5
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4. If, onthe expiry of a period of three mon ths from the,date of such
dispatch, no Member State has sent the Commission objectionsconcerning the admission free of import duties of the instrument or
apparatus under consideration, the said instrument or apparatus shall
be deemed to fulfil the conditions required for admission free of importduties. The Commission shall notify the Member State concerned ofthis decisionwithintwo weeks followin g the expiry of the aforesaidperiod. This notification shall, as soon as possible, be published, where
necessary in an abbreviated form, in the Official Journal of the
European Communities , C series.
5. If, withinthe period of three mon ths laid downinparagraph 4, a
Member State has sent the Commission objections regarding the impor-
tation free of import duties of the instrument or apparatus under
consideration, the Commission shall as soon as possible notify a groupof experts composed of representatives of all the Member States, whoshall meet withinthe framework of the Committee onDuty-FreeArrangements 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 eitherwhy the instrument or apparatus concerned should not be regarded asbeing scientific, or should indicate precisely the instruments or appa-
ratus manufactured in the Community which are regarded as having a
scientific 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, thetechnical literature relating to the instruments or apparatus underconsideration manufactured in the Community should be forwarded to
the Commissionas soonas possible.
The Commission shall transmit this information to the Member States
as soonas 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 admissionfree of import duties has beenrequested is n ot 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 Commissiondecisionshall be n otified to the Member State
concerned within two weeks. This decision shall, as soon as possible,be published, if n ecessary inabbreviated form, inthe Official Journal
of the European Communities , C series.
7. 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 6, the instrument or apparatus
in question shall be deemed to fulfil the conditions required for admis-
sionfree of import duties.
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.1983R2290 — EN — 01.07.1985 — 001.001 — 6
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TITLE IV
SPECIFIC PROVISIONS RELATING TO THE ADMISSION
FREE OF IMPORT DUTIES OF SCIENTIFIC INSTRUMENTSOR APPARATUSUNDERARTICLE56 OF THE BASICREGU-
LATION
Article 9
1. Inorder to obtainadmissionfree of import duties of scien tific
instruments or apparatus under the provisions of Article 56 of the basic
Regulation, the head of the establishment or organization to which thegoods are consigned or his authorized representative, must submit anapplicationto the competen t authority of the Member State inwhichthe 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 by
a document or documents giving 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 admissionfree of import duties is requested are infact bein goffered to the establishment or organization concerned without a
reciprocal commercial concession of any kind, in particular without
any 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 beenrequested should be regarded as scien tific, theprocedure laid downinArticle 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 import
duties under Article 56 of the basic Regulation.
TITLE V
SPECIFIC PROVISIONS RELATING TO THE ADMISSION
FREE 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 Regulationspecific acces-
sories means those articles specially designed for use with a specificscientific instrument or apparatus for the purpose of improving itsperformance and scope.1983R2290 — EN — 01.07.1985 — 001.001 — 7
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Article 13
Inorder to obtainadmissionfree of import duties un der Article 53 of
the basic Regulation, either of spare parts, components or specific
accessories, or of tools, the head of the establishment or organizationto which the goods are consigned, or his authorized representative,must submit anapplicationto the competen t 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 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 applicationreferred to inArticle 13.
2. The procedure set out inArticle 7 (2) to (7) shall apply mutatis
mutandis incases where the competen t 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 anapplicationas referred to inArticle 13 would qualify for admissionfree of import duties if it were itself currently imported into the
Community,
— 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 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 dutiesunder Article 7 (1) or Article 14 (l).
The list shall give the precise trade descriptionof the goods referred to
in the preceding paragraph and the Common Customs Tariff heading or
subheading indicated in the application. It shall also include the name
of the manufacturer or manufacturers, the country or countries of originand 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 those
goods whose admissionfree of import duties has beenauthorized
during the preceding six months. However, Member States mayforward this information for shorter periods.
3. The Commissionshall 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-1983R2290 — EN — 01.07.1985 — 001.001 — 8
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ness name and address of the manufacturer, the exact trade descriptions
of the goods in question, and their Common Customs Tariff heading orsubheading 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 admissionfree of import duties has beenauthorizedduring the preceding six months. However, Member States mayforward this information for shorter periods.
3. The Commissionshall 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 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.1983R2290 — EN — 01.07.1985 — 001.001 — 9