Council Regulation (EC) No 150/2003 of 21 January 2003 suspending import duties on certain weapons and military equipment
Date: 2003-01-21
Institutions: Council of the European Union
Subjects: customs regulations, free movement of goods, import (EU), military equipment, suspension of customs duties

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Official Journal of the European Communities

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I

(Acts whose publication is obligatory)

COUNCIL REGULATION (EC) No 150/2003

of 21 January 2003

suspending import duties on certain weapons and military equipment

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Commu-
nity and, in particular Article 26 thereof,

Having regard to the proposal from the Commission (1),

Whereas:

(1)

(2)

(3)

the consistent application of

The Community is based upon a customs union, which
requires
the Common
Customs Tariff on imports of products from third coun-
tries by all Member States unless specific Community
measures provide otherwise.

in this

It is in the interests of the Community as a whole that
Member States are able to procure for their military
forces the most technologically advanced and suitable
weapons and military equipment. In view of the rapid
technological developments
sector
worldwide it is normal practice of the Member States
authorities in charge of national defence to procure
weapons and military materials from producers or other
suppliers located in third countries. Given the security
interest of the Member States it is compatible with the
these
interests of
weapons and equipment may be imported free of import
duties.

the Community that certain of

industrial

In order to ensure consistent application of such duty
suspension it is appropriate to establish a common list
of weapons and military equipment eligible for the duty
suspension. It is also appropriate in view of the specific
nature of the products concerned that parts, components
or subassemblies for incorporation in or fitting to goods
included in the list or for the repair, refurbishment or
maintenance of such goods as well as goods for use in
training or testing of goods included in this list could be
Imports of military
imported free of customs duties.
equipment, which are not covered by this Regulation,
are subject to the appropriate duties in the Common
Customs Tariff.

(1) OJ C 265, 12.10.1988, p. 9.

(4)

(5)

structures of

Given the different organisational
the
competent authorities in the Member States it is neces-
sary solely for customs-related purposes to define end
uses for the imported materials in accordance with the
provisions of Council Regulation (EEC) No 2913/92 of
12 October 1992 establishing the Community Customs
Code (2) and its implementing regulations (herein after
called the ‘Customs Code’). In order to limit the adminis-
trative burden for the authorities concerned it is appro-
priate to set a time limit for the end use customs super-
visions.

In order to take account of the protection of the military
confidentiality of the Member States it is necessary to lay
down specific administrative procedures for the granting
of the benefit of the suspension of duties. A declaration
by the competent authority of the Member State for
whose forces the weapons or military equipment are
destined, which could also be used as customs declara-
tion as required by the Customs Code, would constitute
an appropriate guarantee that
these conditions are
fulfilled. The declaration should be given in the form of
a certificate. It is appropriate to specify the form, which
such certificates must take and to allow also the use of
means of data processing techniques for the declaration.

(6)

It is necessary to lay down rules for the Member States
in order to provide information on the quantity, the
value and the number of certificates issued and the
procedures for the implementation of this Regulation,

HAS ADOPTED THIS REGULATION:

Article 1

This Regulation lays down the conditions for the autonomous
suspension of import duties on certain weapons and military
imported by or on behalf of the authorities in
equipment
charge of the military defence of the Member States from third
countries.

(2) OJ L 302, 19.10.1992, p. 1. Regulation as last amended by Regula-
the European Parliament and the

tion (EC) No 2700/2000 of
Council (OJ L 311, 12.12.2000, p. 17).

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Article 2

The duties of the Common Customs Tariff applicable to
1.
imports of
the goods listed in Annex 1 shall be totally
suspended when they are used by, or on behalf of the military
forces of a Member State, individually or in cooperation with
other States,
the
Member State or in participating in international peace keeping
or support operations or for other military purposes like the
protection of nationals of the European Union from social or
military unrest.

for defending the territorial

integrity of

contain the number and issuing date of the certificates, the date
of importation and the total value and gross weight of the
products imported with the certificates.

For the issuing and the presentation of the certificate to
3.
the customs authorities or to other authorities in charge of
customs clearance data processing technique may be used in
accordance with Article 292(3) of Commission Regulation
(EEC) No 2454/93 of 2 July 1993 laying down provisions for
the implementation of Council Regulation (EEC) No 2913/
92 (1).

2.

Such duties shall also be totally suspended for:

This Article applies mutatis mutandis to imported goods

4.
listed in Annex II.

(a) parts, components or subassemblies imported for incor-
poration in or fitting to goods included in the list in Annex
I and II or parts, components or subassemblies thereof, or
refurbishment or maintenance of such
for
goods;

the repair,

(b) goods imported for training or testing of goods included in

the list at Annex I and II.

3.
The imported goods as defined in Annex I and in para-
graph 2 of this Article shall be subject to end use conditions
laid down in Articles 21 and 82 of Regulation (EEC) No 2913/
92 and its implementing legislation. Customs supervision of
the end use shall end three years after the date of release for
free circulation.

The use of

the goods listed in Annex I

4.
for training
purposes or the temporary use of these goods in the customs
territory of the Community by the military forces or other
forces for civil purposes due to unforeseen or natural disasters
shall not constitute a violation of the end use determined in
paragraph 1.

Article 3

1.
The request for entry for free circulation of goods for
which the benefit of a duty suspension under the provisions of
Article 2 is claimed shall be accompanied by a certificate issued
by the competent authority of the Member State for whose
military forces the goods are destined. The certificate as set out
in Annex III shall be submitted to the customs authorities of
the importing Member State together with the goods to which
it refers. It may replace the customs declaration required by
Articles 59 to 76 of Regulation (EEC) No 2913/92.

Notwithstanding paragraph 1,

2.
for reasons of military
confidentiality, the certificate and the imported goods may be
submitted to other authorities designated by the importing
Member State for this purpose. In such cases the competent
authority issuing the certificate shall send before 31 January
and 31 July of each year a summary report to the customs
authorities of its Member State on such imports. The report
shall cover a period of 6 months immediately preceding the
It shall
month on which the report has to be submitted.

Article 4

Except in cases of Article 2(4) any diversion of goods listed in
Annex 1 and Article 2(2) from the use specified in Article 2(1)
within the period of customs supervision shall be notified by
the competent authority issuing the certificate or using the
goods to the customs authorities of its Member State in accor-
dance with Article 21 and 87 of Regulation (EEC) No 2913/92.

Article 5

Each Member State shall communicate to the Commis-
1.
sion the names of the authorities, which are competent to issue
the certificate referred to in Article 3(1)
together with a
specimen of
the stamp used by the said authorities. Each
Member State shall also forward to the Commission the name
of the authority, which can release the imported goods in cases
referred to in Article 3(2). The Commission shall forward this
information to the customs authorities of the other Member
States.

2. Where the goods are entered for free circulation in a
Member State other than that in which the certificate was
issued, a copy of the certificate shall be forwarded by the
the importing Member State to the
customs authorities of
customs administration of the Member State whose competent
authority issued the certificate.

Where goods have been released by other authorities in accor-
dance with Article 3(2) in a Member State other than that in
which the certificate was issued, a copy of the certificate shall
be forwarded directly by these authorities to the authority
issuing the certificate.

3.
The authority of each Member State authorised to issue
the certificate referred to in Article 3(1) shall keep a copy of
the certificates issued and the documentary evidence necessary
to demonstrate the correct application of the suspension for a
period of
the
customs supervision of the goods.

three years following the date of expiry of

(1) OJ L 253, 11.10.1993, p. 1. Regulation as last amended by
Commission Regulation (EC) No 993/2001 (OJ L 141, 28.5.2001,
p. 1).

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Article 6

The Commission shall inform Member States of any request
lodged by a Member State in view of presenting a proposal to
amend the lists in Annexes I and II.

Article 7

Each Member State shall inform the Commission about
1.
the administrative implementation of this Regulation within six
months after its entry into force.

They shall also transmit to the Commission no later than
2.
three months after the end of each calendar year information
on the total number of certificates issued together with the
total value and gross weight of goods imported under the
provisions of this Regulation.

Article 8

This Regulation shall enter into force on the day following that
of its publication in the Official Journal of the European Commu-
nities.

It shall apply as from 1 January 2003.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 21 January 2003.

For the Council

The President

N. CHRISTODOULAKIS

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LIST OF WEAPONS AND MILITARY EQUIPMENT ON WHICH IMPORT DUTIES ARE SUSPENDED (1)

ANNEX I

2804
2825
3601
3602
3603
3604
3606
3701
3702
3703
3705
3707
3824
3926
4202
4911
5608
6116
6210
6211
6217
6305
6307
6506
7308
7311
7314
7326
7610
8413
8414
8415
8418
8419
8421
8424
8427
8472
8479
8502
8516
8518
8521
8525
8526

8527
8528
8531
8535
8536
8539
8543
8544
8701
8703
8704
8705
8709
8710
8711
8716
8801
8802
8804
8805
8901
8903
8906
8907
9004
9005
9006
9008
9013
9014
9015
9020
9022
9025
9027
9030
9031
9302
9303
9304
9306
9307
9404
9406

(1) CN codes applicable on 1 January 2003, adopted by Commission Regulation (EC) No 1832/2002 of 1 August 2002 amending Annex
I to Council Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and the Common Customs Tariff (OJ L 290,
28.10.2002, p. 1).

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LIST OF WEAPONS AND MILITARY EQUIPMENT WITH A CONVENTIONAL RATE OF DUTY ‘FREE’ FOR
WHICH IMPORT PROCEDURES OF ARTICLE 3 CAN BE APPLIED (1)

ANNEX II

4901
8426
8428
8429
8430
8470
8471
8517
8524
9018
9019
9021
9026
9301

(1) CN codes applicable on 1 January 2003, adopted by Commission Regulation (EC) No 1832/2002 of 1 August 2002 amending Annex
I to Council Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and the Common Customs Tariff (OJ L 290,
28.10.2002, p. 1).

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ANNEX III