PROPOSAL FOR A COUNCIL REGULATION ( EEC ) ON THE TEMPORARY IMPORT OF CONTAINERS
Date: 1989-07-10
Institutions: European Commission
Subjects: container, temporary admission, transport policy

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 1 7 ). 

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  6 6,  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 

COM(89)  276  final 

ISSN 0254-1475 

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 

€ 

COMMISSION  OF THE EUROPEAN  COMMUNITIES 

10.7.1989