1983R2289 — EN — 01.01.1986 — 002.001 — 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
►M1Commission Regulation (EEC) No 1746/85 of 26 June 1985 L 167 23 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)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,
WhereasRegulation (EEC) No 918/83 replaced, by Articles70 to 78
thereof, Council Regulation (EEC) No 1028/79 of 8 May 1979 on the
importation free of Common Customs Tariff duties of articles for the
use of handicapped persons(2); whereas it is therefore necessary to
substitute for Commission Regulation (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;
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-
cles70 to 78 of Regulation (EEC) No 918/83, hereinafter 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 admission free of import duties of articles referred to in Arti-
cles 71, 72 (1) and (2) and 74 of the basic Regulation shall entail thefollowing obligationson the part of the ins titution or organization to
which they are consigned:
— to dispatch the articles in question directly to the declared place of
destination,
— to account for them in itsinventory,
— to use them exclusively for the purposes specified in the 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 — 01.01.1986 — 002.001 — 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.
▼B
2. The head of the institution or organization to which the articles
are consigned, or his authorized representative shall furnish the compe-tent authoritieswith a s tatement declaring that he isaware of the
variousobligationslis ted in paragraph 1 and including an undertaking
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 severalimportsor for all the importsto be carried out by the ins titution or
organization to which the articlesare cons igned.
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 Regulation are 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 outin Article 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 thatin which the institution or organization that lent, hired out or trans-ferred the article is situated, upon the dispatch of such article thecompetent 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 article is putto a use entitling it to continue to qualify for admission free of importduties. 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 zweiter
Unterabsatz der Verordnung (EWG) Nr. 918/83’;
—‘Αντικείµενα προοριζόµενα για µειονεκτούντα άτοµα:
∆ιατήρηση της ατέλειας εξαρτώµενη από την τήρηση τουάρθρου 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’;
— ‘Objeto para personas minusválidas: se mantiene la franquicia
subordinada al respeto del artículo 77, apartado 2, segundo párrafo,del Reglamento (CEE) n
o918/83’;
— ‘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, secondocomma del regolamento (CEE) n. 918/83’;
— ‘Voorwerp voor gehandicapten: handhaving van de paragrafo is
afhankelijk van de nakoming van artikel 77, lid 2, tweede alinea
van Verordening (EEG) nr. 918/83’;
— ‘Objectos destinados à pessoas deficientes: é mantida a fraquia
desde que seja respeitatdo o n
o2, segundo parágrafo do artigo 77o
do Regulamento (CEE) no918/83’.1983R2289 — EN — 01.01.1986 — 002.001 — 3
▼M1
▼M2
▼M1
▼M2
▼B
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 persons
and to toolsfor the maintenance, control, calibration or repair of the
said articles which have been admitted free of import duties under thesecond subparagraph of Articles 71 and 72 (2) of the basic Regulation.
TITLE II
SPECIFIC PROVISIONS RELATING TO THE ADMISSION
FREE OF IMPORT DUTIESOF ARTICLESREFERREDTO INTHEFIRSTSUBPARAGRAPHOFARTICLE71OFTHEBASIC
REGULATION
Article 4
1. In order to obtain admission free of import duties of an article for
the use of the blind in accordance with the first subparagraph of Article
71 of the basic Regulation, the head of the institution or organization towhich the article is consigned, or his authorized representative, mustsubmit an application to the competent 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 determiningwhether the conditions laid down for granting admission free of importdutiesare 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 in accordance with the procedure laid down in Article 8 (3)and (4) that the admission free of import duties of articles referred toin Article 72 (1) of the basic Regulation is liable to prejudice produc-tion of equivalent articles within the Community, admission shall begranted free of import dutieswithout checking whether the condition
laid down in Article 72 (1) (b) of that Regulation isfulfilled.
Article 6
1. In order to obtain admission free of import duties of an article 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 an application to the competent authority of the Member Statein which the institution or organization is situated.
2. The application referred to in paragraph 1 must contain the
following information relating to the article in question:
(a) the precise trade description of the article used by the manufac-
turer, its presumed Common Customs Tariff classification and theobjective technical characteristics indicating that it was speciallydesigned for the education, employment or social advancement ofhandicapped 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;1983R2289 — EN — 01.01.1986 — 002.001 — 4
▼B
(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 when the article wasordered if it hasalready been ordered.
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 organizationto which the articles are consigned is situated, shall take a direct deci-sion on applications under Article 6.
Article 8
1. The competent authoritiesof the Member Statess hall provide the
Commission, on their own initiative or at the latter's request, with any
information at their disposal, including the relevant technical docu-ments, so that it can assess whether the admission free of importdutiesof a given article isliable to prejudice production of equivalentarticleswithin the Community.
2. Where the Commission is of the opinion, in the light of the infor-
mation at its disposal, that the admission free of import duties of an
article isliable to prejudice the production of equivalent articleswithinthe Community, it shall as soon as possible notify a group of expertscomposed of representatives of all the Member States, who shall meetwithin the framework of the Committee on Duty-Free Arrangementsin
order to examine the matter or mattersconcerned.
The information at the Commission's disposal shall be communicated
to the experts as soon as possible.
3. Where the examination undertaken in accordance with paragraph
2 shows that the importation free of import duties of an article is liableto prejudice the production of equivalent articleswithin the 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. In urgent cases the Commission may adopt the decision referred
to in paragraph 3 without waiting for consultation of the exports from
the Member Statesasprovided for in paragraph 2.
Such decision shall be provisional and must be confirmed or revoked
by the Commission once the examination provided for in paragraph 2hastaken place.
Pending the completion of that procedure, the competent authorities
may authorize the provisional duty-free importation of the article
concerned subject to an undertaking by the institution or organization
to which the article iscons igned 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 down by it.
5. The Commission shall notify the Member State concerned of its
decisions as soon as they have been taken. This notification shall, assoon as possible, be published where necessary in an abbreviatedform, in the 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 thesituation in depth with the group of experts referred to in paragraph 2in order to determine whether it is necessary to revoke all or part of thedecisions excluding certain articles from admission free of importduties.1983R2289 — EN — 01.01.1986 — 002.001 — 5
▼B
Article 9
1. Where the competent authority of the Member State in which is
situated the institution or organization to which the articles are
consigned is unable to determine whether the article for which the
application under Article 6 wasmade s hould be regarded asbeingspecially designed for the education, employment or social advance-ment of handicapped persons, the application, with the relevanttechnical documents, shall be forwarded to the Commission in order
to enable the latter to initiate the procedure laid down in paragraphs2
to 6 below.
Pending the completion of that procedure, the competent authority may
authorize the provisional importation free of import duties of the articlesubject 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 tobe laid down by it.
2. Within two weeksof the date of receipt of the application, the
Commission shall dispatch a copy to each of the other Member States
with the relevant documentation.
3. If, at 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 article underconsideration, the said article shall be declared to fulfil the conditionsrequired for importation free of import duties. The Commission shall
notify the Member State concerned of itsdecis ion within two weeks
following the expiry of the aforesaid period. This notification shall, assoon as possible, be published if necessary in abbreviated form, in theOfficial Journal of the European Communities, C series.
4. If, within the period of three monthslaid down in paragraph 3, a
Member State has sent the Commission objections regarding the impor-
tation free of import dutiesof the article under cons ideration, the
Commission shall as soon as possible notify a group of expertscomposed of representatives of all the Member States, who shall meetwithin the framework of the Committee on Duty-Free Arrangementsinorder to examine the matter.
The objections referred to in the preceding subparagraph must include
a s tatement of the groundstherefor. Such groundsmus t indicate why
the article concerned should not be regarded as being speciallydesigned for the education, employment or social advancement ofhandicapped persons.
The Commission shall transmit these objections to the Member States
ass oon asthey are received.
5. Where the examination undertaken in accordance with paragraph
4 shows that the article for which admission free of import duties hasbeen requested must be regarded as being specially designed for theeducation, employment or social advancement of handicapped persons,the Commission shall adopt a decision declaring that the said articlefulfils 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-
sion within two weeks. This decision shall, as soon as possible, bepublished if necessary in abbreviated form, in the Official Journal of
the European Communities, C series.
6. 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 5, the article in question shallbe deemed to fulfil the conditions required for admission free of importduties.1983R2289 — EN — 01.01.1986 — 002.001 — 6
▼B
Article 10
Authorizations for admission free of import duties shall be valid for a
period of six months.
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 DUTIESOF ARTICLESREFERREDTO IN
ARTICLE74OFTHEBASICREGULATION
Article 11
1. In order to obtain admission free of import duties of an article 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 an application to the competent 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 declaration by the applicant that the articles for which admission
free of import dutiesisreques ted are in fact being 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 iss ituated
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 hisgift
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 admission free of import duties has been requestedshould be regarded as being specially designed for the education,employment or social advancement of handicapped persons, the proce-dure laid down in Article 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 improvingitsperformance and s cope.1983R2289 — EN — 01.01.1986 — 002.001 — 7
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Article 14
In order to obtain admission free 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 organizationiss ituated.
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 Regulation are fulfilled.
Article 15
The competent authority of the Member State in which iss ituated 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
Articles4, 13, 14 and 15 s hall 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 Regulation imported by blindpersons themselves for their own use.
Article 17
The following shall apply mutatis mutandis to exemption from import
duties of articles imported by handicapped persons themselves for theirown use:
— Articles5 to 10 in the cas e of articlesreferred to in Article 72 (1)
of the basic Regulation,
— Articles11 and 12 in the cas e of articlesreferred to in Article 74 of
the basic Regulation.
— Articles13, 14 and 15 in the cas e of articlesreferred to in Article
72 (2) of the basic Regulation.
Article 18
The competent authoritiesmay allow the application provided for in
Articles4, 6 and 11 to be made in a s implified form, where it relatesto itemsimported under the conditionsreferred to in Articles16 and17.
CHAPTER III
FINALPROVISIONS
Article 19
Regulation (EEC) No 2783/79 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.1983R2289 — EN — 01.01.1986 — 002.001 — 8