Commission Regulation (EEC) No 4027/88 of 21 December 1988 laying down provisions for the temporary importation of containers
Official Journal L 355 , 23/12/1988 P. 0022 - 0027
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COMMISSION REGULATION ( EEC ) NO 4027/88
OF 21 DECEMBER 1988
LAYING DOWN PROVISIONS FOR THE TEMPORARY IMPORTATION OF CONTAINERS
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY,
HAVING REGARD TO COUNCIL REGULATION ( EEC ) NO 2096/87 OF 13 JULY 1987 ON THE TEMPORARY IMPORTATION OF CONTAINERS ( 1 ), AND IN PARTICULAR ARTICLE 15 THEREOF,
WHEREAS ARRANGEMENTS FOR THE TEMPORARY IMPORTATION OF CONTAINERS SHOULD BE ESTABLISHED PURSUANT TO REGULATION ( EEC ) NO 2096/87;
WHEREAS CERTAIN TERMS USED TO DEFINE CONTAINERS SHOULD THEMSELVES BE DEFINED;
WHEREAS DIFFERENT PROCEDURES NEED TO BE ADOPTED FOR CONTAINERS WHICH ARE MARKED IN A SPECIFIED WAY AND THOSE WHICH ARE NOT SO MARKED; WHEREAS CONTAINERS APPROVED FOR TRANSPORT UNDER CUSTOMS SEAL ARE ALWAYS SO MARKED;
WHEREAS THE RULES CONCERNING RECOGNITION OF APPROVAL FOR THE TRANSPORT UNDER CUSTOMS SEAL OF CONTAINERS ADMUTTED FOR TEMPORARY IMPORTATION SHOULD BE DETERMINED;
WHEREAS ONLY CONTAINERS COMPLYING WITH THE CONDITIONS LAID DOWN IN ANNEX 4 TO THE 1972 CUSTOMS CONVENTION ON CONTAINERS OR ANNEX 7 TO THE TIR CONVENTION CAN BE RECOGNIZED AS APPROVED FOR TRANSPORT UNDER CUSTOMS SEAL; WHEREAS SUCH APPROVAL MUST THEREFORE BE ACCORDED BY A STATE PARTY TO EITHER THE 1956 CUSTOMS CONVENTION ON CONTAINERS, THE 1972 CUSTOMS CONVENTION ON CONTAINERS OR THE TIR CONVENTION;
WHEREAS THE CONDITIONS GOVERNING AUTHORIZATION OF THE USE OF THE ARRANGEMENTS FOR THE TEMPORARY IMPORTATION OF CONTAINERS SHOULD BE ADOPTED; WHEREAS THE OBLIGATIONS OF USERS SHOULD BE ESTABLISHED SO THAT THE CUSTOMS AUTHORITIES CAN CARRY OUT THE CHECKS NEEDED TO ENSURE THAT COMMUNITY PROVISIONS ARE CORRECTLY APPLIED;
WHEREAS THE REQUIREMENTS THAT A CUSTOMS DOCUMENT BE PRODUCED AND A SECURITY LODGED SHOULD BE RESERVED FOR EXCEPTIONAL CASES WHERE THERE IS REASONABLE DOUBT OR A SERIOUS RISK THAT THE OBLIGATION TO RE-EXPORT WILL NOT BE COMPLIED WITH AND WHERE THE PAYMENT OF ANY RESULTING CUSTOMS DEBT CANNOT BE GUARANTEED, IN CASES WHERE THE CONTAINERS ARE NOT MARKED AS REQUIRED;
WHEREAS THE MEASURES PROVIDED FOR IN THIS REGULATION ARE IN ACCORDANCE WITH THE OPINION OF THE COMMITTEE FOR CUSTOMS PROCEDURES WITH ECONOMIC IMPACT,
HAS ADOPTED THIS REGULATION :
TITLE I
GENERAL
ARTICLE 1
1 . ( A ) "BASIC REGULATION' SHALL MEAN COUNCIL REGULATION ( EEC ) NO 2096/87 OF 13 JULY 1987 ON THE TEMPORARY IMPORTATION OF CONTAINERS .
( B ) "PERSON BENEFITING FROM THE ARRANGEMENTS' SHALL MEAN THE OPERATOR OF A CONTAINER OR HIS REPRESENTATIVE .
( C ) "OPERATOR' OF A CONTAINER SHALL MEAN THE PERSON WHO, WHETHER OR NOT ITS OWNER, HAS EFFECTIVE CONTROL OF ITS MOVEMENTS .
( D ) "PERSON' SHALL MEAN :
_ A NATURAL PERSON,
_ A LEGAL PERSON, OR
_ WHERE THIS POSSIBILITY IS PROVIDED FOR BY THE RULES IN FORCE, AN ASSOCIATION OF PERSONS RECOGNIZED AS HAVING THE CAPACITY TO CARRY OUT LEGAL ACTS WITHOUT HAVING