Commission Regulation (EC) No 214/2007 of 28 February 2007 amending Regulation (EEC) No 2454/93 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code
Date: 2007-02-28
Institutions: European Commission
Subjects: customs inspection, customs territory (EU), disclosure of information, simplification of formalities, tariff quota

L 62/6

EN

Official Journal of the European Union

1.3.2007

COMMISSION REGULATION (EC) No 214/2007

of 28 February 2007

amending Regulation (EEC) No 2454/93 laying down provisions for the implementation of Council
Regulation (EEC) No 2913/92 establishing the Community Customs Code

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

HAS ADOPTED THIS REGULATION:

Having regard to the Treaty
Community,

establishing the European

Article 1

Regulation (EEC) No 2454/93 is amended as follows:

Having regard to Council Regulation (EEC) No 2913/92 of 12
October 1992 establishing the Community Customs Code (1),
and in particular Article 247 thereof,

1. In Article 308a(10),

‘10 euro’.

the term ‘ECU 10’

is replaced by

Whereas:

2. Article 308c is amended as follows:

(1)

(2)

(3)

(4)

Commission Regulation (EEC) No 2454/93 (2) lays down
a management system for tariff quotas. To reduce the
administrative burden and costs at importation and to
treatment, provision has been
promote uniformity of
made that certain tariff quotas are to be considered as
critical. Experience with the system and improved use of
electronic exchange of data between the Member States
and the Commission have shown that the criteria used in
determining the critical status can be further relaxed
without a risk to the Community's own resources.
Accordingly a tariff quota should be considered as
critical where 90 % of the initial quota volume, instead
of 75 % as in the current system, has been used.

The need to carry out surveillance of goods in order to
obtain data related to imports and exports has increased
considerably. As a consequence, in cases of surveillance
of goods, Member States
to the
Commission, more frequently than under the current
system, data on customs declarations for release for
free circulation or on export declarations. Where such
data are not available or are only partially available on
the date of the customs declaration under a simplified
procedure, they should be provided afterwards.

should provide

(a)

in paragraph 1,
‘90 %’;

the percentage ‘75 %’

is replaced by

(b) in paragraph 3,

‘90 %’.

the percentage ‘75 %’

is replaced by

3. Article 308d is replaced by the following:

‘Article 308d

1. Where Community surveillance is to be carried out, the
Member States shall provide to the Commission at least once
every week data on customs declarations for release for free
circulation or on export declarations.

The Member States shall cooperate with the Commission to
determine which data are required from customs declarations
for release for free circulation or from export declarations.

The data provided under paragraph 1 by individual

2.
Member States shall be treated as confidential.

Regulation (EEC) No 2454/93 should therefore be
amended accordingly.

However, aggregate data for each Member State shall be
available for authorised users in all Member States.

The measures provided for in this Regulation are in
accordance with the opinion of
the Customs Code
Committee,

The Member States shall cooperate with the Commission to
set up the practical
rules on authorised access to the
aggregate data.

(1) OJ L 302, 19.10.1992, p. 1. Regulation as last amended by Regu-

lation (EC) No 1791/2006 (OJ L 363, 20.12.2006, p. 1).

(2) OJ L 253, 11.10.1993, p. 1. Regulation as last amended by Regu-

lation (EC) No 1875/2006 (OJ L 360, 19.12.2006, p. 64).

In respect of certain goods surveillance shall be carried

3.
out on a confidential basis.

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Official Journal of the European Union

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4. Where under the simplified procedures referred to in Articles 253 to 267 and Articles 280 to 289,
the data referred to in paragraph 1 of this Article are not available, the Member States shall provide to
the Commission the data available at
the complete or supplementary
declaration.’

the date of acceptance of

This Regulation shall enter into force on the third day following its publication in the Official Journal of the
European Union.

Article 2

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

Done at Brussels, 28 February 2007.

For the Commission

László KOVÁCS
Member of the Commission