COMMISSION OF THE EUROPEAN COMMUNITIES 
COM(89) 276 final 
Brussels, 10 July 1989 
Proposal for a 
COUNCIL REGULATION (EEC) 
on the temporary import of containers 
(presented by the Commission) 
EXPLANATORY MEMORANDUM 
1. The Council adopted Regulation (EEC) No 2096/87 of 13 July 1987 on 
the temporary importation of containers on the legal basis of 
Articles 28 and 235 of the EEC Treaty, whereas the Commission 
proposal had referred exclusively to Article 113. The Commission 
brought an action before the Court of Justice for the annulment of 
this Regulation. 
2. In its judgment of 2 February 1989 (case 275/87) the Court annulled 
Council Regulation 2096/87 because Council adopted this Regulation 
on the joint legal basis of Articles 28 and 235 instead of Article 
28 and/or Article 113. The effects of the said Regulation remain 
in force, however, until the entry into force of the measures to be 
taken by the Council in order to carry out the judgment. 
3. The annulment of the Regulation means that it legally disappears 
(although its effects are temporarily retained) and the Council 
must therefore adopt a new Regulation to recreate the necessary 
conditions for the application of the customs procedure concerned. 
4. The text of the new Regulation is identical to that of the annulled 
Regulation (except for Articles 16 and 17). 
CONCLUSIONS 
The Commission proposes that the Council carry out the judgment of the 
Court of 2 February 1989 (case 275/87) in accordance with the attached 
proposal for a Regulation. 
i 
Proposal for a 
COUNCIL REGULATION (EEC) 
on the temporary import of containers 
THE COUNCIL OF THE EUROPEAN COMMUNITIES, 
Having regard to the Treaty establishing the European Economic Community, 
and in particular Article 113 thereof, 
Having regard to the proposal from the Commission, 
Whereas Council Regulation (EEC) No 2096/87 of 13 July 1987 on ths 
temporary importation of containers (1) was annulled by the judgment of 
the Court of 2 February 1989 in case 275/87 (2); whereas, under the terms 
of the judgment, the effects of the said Regulation remain until the entry 
into force of the measures to be taken by the Council in order to carry 
out the judgment; whereas the reason for the annulment of the said 
Regulation was that it had been adopted by the Council on the 
legal basis of Article 235; whereas the said Regulation, which falls 
within the context of the Commercial Policy, should have been adopted on 
the basis of Article 113 of the Treaty; 
Whereas Community legislation should cover temporary import of 
containers which do not satisfy the conditions laid down in Articles 9 
and 10 of the Treaty; whereas the Member States are contracting parties 
to the Customs Convention on Containers, done at Geneva on 18 May 1956 
or to the Customs Convention on Containers, done at Geneva on 2 December 
1972; whereas these Conventions have an effect on the common customs 
legislation; whereas it is necessary having regard to the specific 
requirements of the customs union, to lay down Community provisions; 
whereas these provisions constitute an essential instrument of thé 
Commercial Policy of the Community; 
(1) 0J No L 196, 17.7.1987, p. 4. 
(2) 0J No C 66, 16.3.1989, p. 4. 
Whereas, in order to ensure uniform implementation of this Regulation, 
it is necessary to make provision for a Community procedure whereby the 
relevant implementing provisions may be adopted; whereas close and 
effective cooperation in this field between the Member States and the 
Commission should be organized through the Committee for Customs Procedures 
with Economic Impact established by Council Regulation (EEC) No 1999/85 
of 16 July 1985 on inward processing relief arrangements (1), 
HAS ADOPTED THIS REGULATION: 
Article 1 
Under temporary import arrangements containers, whether or not 
loaded with goods, which do not satisfy the conditions laid down in 
Articles 9 and 10 of the Treaty and which are intended to be subsequently 
re-exported outside the customs territory of the Community, may be used 
within that territory in accordance with the conditions laid down in 
this Regulation, with total relief from import duties and with no prohibition 
or restriction on import. 
Article 2 
For the purposes of this Regulation: 
(a) 'container' shall mean an article of transport equipment (lift-van, 
movable tank, demountable body or other similar structure): 
fully or partially enclosed to constitute a compartment intended 
for containing goods, 
of a permanent character and accordingly strong enough to be 
suitable for repeated use, 
specially designed to facilitate the carriage of goods, by one 
or more modes of transport, without intermediate reloading, 
(1) 0J No L 188, 20.7.1985, p. 1 . 
I, 
designed for ready handling, particularly when being transferred 
from one mode of transport to another, 
designed to be easy to fill and to empty, and having an internal 
volume of one cubic metre or more. 
Platform flats shall be treated as containers. 
Moreover, exceptions may be authorized in accordance with the 
procedure laid down in Article 15. In accordance with the procedure, 
the definition of containers may be supplemented to take account of 
technical developments. 
The term 'container' shall include the accessories and equipment 
of the container, appropriate for the type concerned, provided that 
such accessories and equipment are carried with the container. The term 
'container' shall not include vehicles, accessories or spare parts 
of vehicles, or packaging; 
(b) 'import duties' shall mean the duties defined in Article 1(2) of Council 
Regulation (EEC) No 3599/82 (1); 
(c) 'customs authority1 shall mean any authority competent to apply 
customs rules, even if that authority is not part of the customs 
administration; 
(d) 'internal traffic' shall mean the carriage of goods loaded in the 
customs territory of the Community for subsequent unloading in that 
territory. 
Article 3 
1. The temporary import of containers approved for transport 
under customs seal or simply bearing marks shall be authorized 
without any formalities as soon as they are brought into the customs 
territory of the Community on behalf of their owners, their operators 
or the representatives of either of those. 
(1) OJ No L 376, 31.12.1982, p. 1. 
2. Containers other than those referred to in paragraph 1 shall be 
admitted for temporary import if this is authorized by the 
customs authority of the Member State in which the placing of the 
said containers under such arrangements is requested. 
Article 4 
The rules concering recognition of approval for the transport under 
customs seal of containers admitted for temporary import shall be 
determined in accordance with the procedure laid down in Article 15. 
Article 5 
Containers placed under temporary import arrangements may remain in 
the customs territory of the Community for a maximum period of 12 months. 
However, where particular circumstances so warrant, this period may be 
extended in order to permit their authorized use. 
Article 6 
The conditions concerning the placing of the containers referred to in 
Article 3(2) and the goods referred to in Article 10 under temporary 
import arrangements shall be determined in accordance with the 
procedure laid down in Article 15. 
Article 7 
The cases where and conditions under which the placing of the containers 
referred to in Article 3(2) and the goods referred to in Article 10 
under temporary import arrangements is subject to the provision of 
a security shall be determined in accordance with the procedure laid down 
in Article 15. 
Article 8 
The customs authority shall take any supervision or control measures 
necessary to ensure that this Regulation is implemented correctly by the 
person benefiting from the arrangements or by the user of the container. 
ê 
Containers placed under temporary import arrangements may be used 
in internal traffic before being re-exported from the customs territory 
of the Community. However, the containers may be used only once during 
each stay in a Member State for transporting goods which are loaded 
within the territory of that Member State and are intended to be unloaded 
within the territory of the same Member State, where the containers 
would otherwise have to make a journey unladen within the said Member 
State. 
Article 10 
The customs authority shall admit for temporary import any spare 
parts, accessories and normal equipment for containers which are imported 
separately from the containers for which they are intended. 
Article 11 
1. Temporary import arrangements shall be finally discharged when 
the container placed under them is exported outside the customs 
territory of the Community or placed with a view to subsequent 
export: 
in a free zone, 
under warehouse arrangements, or 
under inward processing arrangements with the system of suspension, 
2. In exceptional cases the customs authorities may finally discharge 
the temporary import arrangements by allowing the container to 
be: 
released for free circulation, 
placed under arrangements for processing under customs control, 
destroyed under the supervision of the customs authoritiy 
(waste and scrap resulting from this destruction may itself be 
re-exported outside the customs territory of the Community or 
be dealt with in one of the other ways for which provision is 
made in this Article), 
abandoned to the Exchequer where national regulations provide 
for this possibility. 
--i. 
Final discharge of the arrangements under the conditions referred 
to in the first subparagraph may take place either directly or 
after placing in a free zone or under one of the arrangements 
referred to in paragraph 1. 
3. Defective parts and spare parts removed from containers as a result 
of repair or maintenance must be dealt with in one of the ways 
provided for in paragraphs 1 and 2. 
Article 12 
The provisions of this Regulation shall not preclude prohibitions or 
restrictions on imports, exports or goods in transit justified on 
grounds of public morality, public policy or public security; the protection 
of health and life of humans, animals or plants, the protection of 
national treasures possessing artistic, historic or archaeological 
value; or the protection of industrial and commercial property. 
Article 13 
Until such time as Community provisions are established in the field in 
question, this Regulation shall not affect the application by the Member 
States of reliefs in respect of armed forces stationed in the customs 
territory of a Member State in accordance with Article 136 of CounciI 
Regulation (EEC) No 918/83 of 28 March 1983 setting up a Community 
system of reliefs from customs duty -CD. 
Article 14 
The Committee for Customs Procedures with Economic Impact may examine 
any matter concerning the application of this Regulation raised by its 
chairman either on his own initiative or at the request of the representative 
of a Member State. 
(1) OJ No L 105, 23-4.1983, p. 1. 
% 
Article 15 
The provisions necessary for the implementation of this Regulation shall 
be adopted in accordance with the procedure provided for in Article 31 
of Regulation (EEC) No 1999/85. 
Article 16 
All references to Regulation (EEC) No 2096/87 shall be construed 
as referring to the present Regulation. 
Article 17 
This Regulation shall enter into force on 
It shall apply six months after the entry into force of the implementing 
provisions to be adopted in accordance with the procedure laid down in 
Article 15. 
This Regulation shall be binding in its entirety and directly applicable 
in all Member States. 
Done at Brussels, 
For the Council 
<?-
Commission of the European Communities 
COM(89) 276 final 
Proposal for a 
COUNCIL REGULATION (EEC) 
on the temporary import of containers 
(submitted to the Council by the Commission) 
10.7.1989 
Office for Official Publications of the European Communities 
L - 2985 Luxembourg 
Series: DOCUMENTS 
1989 - 9 pp. - Format: 21.0 * 29.7 cm 
EN 
ISSN 0254-1475 
ISBN 92-77-51901-0 
Catalogue number: CB-CO-89-299-EN-C 
ISSN 0254-1475 
COM(89) 276 final 
DOCUMENTS 
Proposal for a 
COUNCIL REGULATION (EEC) 
on the temporary import of containers 
(submitted to the Council by the Commission) 
02 
Catalogue number: CB-CO-89-299-EN-C 
ISBN 92-77-51901-0 10.7.1989 
€ 
COMMISSION OF THE EUROPEAN COMMUNITIES