CELEX: 31980R3180
Language: en
Date: 1980-12-05 00:00:00
Title: Commission Regulation (EEC) No 3180/80 of 5 December 1980 amending Regulation (EEC) No 1496/80 on the declaration of particulars relating to customs value and on documents to be furnished

Avis juridique important

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31980R3180

Commission Regulation (EEC) No 3180/80 of 5 December 1980 amending Regulation (EEC) No 1496/80 on the declaration of particulars relating to customs value and on documents to be furnished  

Official Journal L 335 , 12/12/1980 P. 0064 - 0064 Greek special edition: Chapter 02 Volume 10 P. 0277  Spanish special edition: Chapter 02 Volume 7 P. 0177  Portuguese special edition Chapter 02 Volume 7 P. 0177 

++++COMMISSION REGULATION ( EEC ) NO 3180/80  OF 5 DECEMBER 1980  AMENDING REGULATION ( EEC ) NO 1496/80 ON THE DECLARATION OF PARTICULARS RELATING TO CUSTOMS VALUE AND ON DOCUMENTS TO BE FURNISHED  THE COMMISSION OF THE EUROPEAN COMMUNITIES ,  HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ,  HAVING REGARD TO COUNCIL REGULATION ( EEC ) NO 1224/80 OF 28 MAY 1980 ON THE VALUATION OF GOODS FOR CUSTOMS PURPOSES ( 1 ) , AND IN PARTICULAR ARTICLE 16 THEREOF ,  WHEREAS ARTICLE 1 OF COMMISSION REGULATION ( EEC ) NO 1496/80 ( 2 ) LAID DOWN , IN PARTICULAR , A SPECIMEN FORM ( D.V.1 ) OF DECLARATION OF PARTICULARS RELATING TO CUSTOMS VALUE ; WHEREAS THIS SPECIMEN FORM MUST BE CLARIFIED FURTHER ;  WHEREAS , IN VIEW OF THE ACCESSION OF GREECE TO THE EUROPEAN COMMUNITIES , IT IS APPROPRIATE TO EXPRESS IN GREEK CURRENCY THE LIMIT OF VALUE FIXED BY ARTICLE 2 ( 1 )  ( A ) OF REGULATION ( EEC ) NO 1496/80 ;  WHEREAS REGULATION ( EEC ) NO 1496/80 REPLACES COMMISSION REGULATION ( EEC ) NO 375/69 ( 3 ) AND  ( EEC ) NO 1343/75 ( 4 ) ;  WHEREAS THE MEASURES PROVIDED FOR IN THIS REGULATION ARE IN ACCORDANCE WITH THE OPINION OF THE CUSTOMS VALUATION COMMITTEE ,  HAS ADOPTED THIS REGULATION :  ARTICLE 1  REGULATION ( EEC ) NO 1496/80 IS HEREBY AMENDED AS FOLLOWS :  1 . THE TEXT OF ARTICLE 2 ( 1 ) ( A ) SHALL READ AS FOLLOWS :   " ( A ) WHERE THE VALUE OF THE IMPORTED GOODS IN A CONSIGNMENT DOES NOT EXCEED , AS APPROPRIATE , 70 000 BELGIAN OR LUXEMBOURG FRANCS , 12 000 DANISH KRONER , 4 000 GERMAN MARKS , 100 000 GREEK DRACHMAS , 10 000 FRENCH FRANCS , 1 000 IRISH POUNDS , 2 000 000 ITALIAN LIRE , 4 500 DUTCH GUILDERS OR 1 000 POUNDS STERLING , PROVIDED THAT THEY DO NOT CONSTITUTE SPLIT OR MULTIPLE CONSIGNMENTS FROM THE SAME CONSIGNOR TO THE SAME CONSIGNEE ; "  2 . THE FOLLOWING ARTICLE 4A SHALL BE INSERTED :   " ARTICLE 4A  REGULATIONS ( EEC ) NO 375/69 AND ( EEC ) NO 1343/75 ARE HEREBY REPEALED . ANY REFERENCE TO THEM SHALL BE DEEMED TO REFER TO THIS REGULATION . "  3 . THE ANNEX IS HEREBY REPLACED BY THE ANNEX HERETO .  ARTICLE 2  THIS REGULATION SHALL ENTER INTO FORCE ON 1 JANUARY 1981 .  THIS REGULATION SHALL BE BINDING IN ITS ENTIRETY AND DIRECTLY APPLICABLE IN ALL MEMBER STATES .  DONE AT BRUSSELS , 5 DECEMBER 1980 .  FOR THE COMMISSION  ETIENNE DAVIGNON  MEMBER OF THE COMMISSION  ( 1 ) OJ NO L 134 , 31 . 5 . 1980 , P . 1 .  ( 2 ) OJ NO L 154 , 21 . 6 . 1980 , P . 16 .  ( 3 ) OJ NO L 52 , 3 . 3 . 1969 , P . 1 .  ( 4 ) OJ NO L 137 , 28 . 5 . 1975 , P . 18 .  ANNEX  DECLARATION OF PARTICULARS RELATING TO CUSTOMS VALUE  D.V.1  1 BUYER ...  2 SELLER  3 NUMBER AND DATE OF INVOICE  FOR OFFICIAL USE  4 NUMBER AND DATE OF CONTRACT  5 TERMS OF DELIVERY ( E.G . FOB NEW YORK )  6 NUMBER AND DATE OF ANY PREVIOUS CUSTOMS DECISION CONCERNING BOXES 7 TO 9  *ENTER X WHERE APPLICABLE*  7 ( A ) ARE THE BUYER AND SELLER RELATED IN THE SENSE OF ARTICLE 1 ( 2 ) (*) OF REGULATION ( EEC ) NO 1224/80 ? IF  " NO " , GO TO BOX 8 *... YES ... NO*   ( B ) DID THE RELATIONSHIP INFLUENCE THE PRICE OF THE IMPORTED GOODS ? *... YES ... NO*   ( C ) ( REPLY OPTIONAL ) DOES THE TRANSACTION VALUE OF THE IMPORTED GOODS CLOSELY APPROXIMATE TO A VALUE MENTIONED IN ARTICLE 3 ( 2 ) ( B ) OF REGULATION ( EEC ) NO 1224/80 ? *... YES ... NO*  IF " YES " , GIVE DETAILS : **  8 ( A ) ARE THERE ANY RESTRICTIONS AS TO THE DISPOSITION OR USE OF THE GOODS BY THE BUYER , OTHER THAN RESTRICTIONS WHICH**   - ARE IMPOSED OR REQUIRED BY LAW OR BY THE PUBLIC AUTHORITIES IN THE COMMUNITY , **   - LIMIT THE GEOGRAPHICAL AREA IN WHICH THE GOODS MAY BE RESOLD , OR**   - DO NOT SUBSTANTIALLY AFFECT THE VALUE OF THE GOODS ? *... YES ... NO*   ( B ) IS THE SALE OR PRICE SUBJECT TO SOME CONDITION OR CONSIDERATION FOR WHICH A VALUE CANNOT BE DETERMINED WITH RESPECT TO THE GOODS BEING VALUED ? *... YES ... NO*  SPECIFY THE NATURE OF THE RESTRICTIONS , CONDITIONS OR CONSIDERATIONS AS APPROPRIATE . **  IF THE VALUE OF CONDITIONS OR CONSIDERATIONS CAN BE DETERMINED , INDICATE THE AMOUNT IN BOX 11 ( B ) OVERLEAF . **  9 ( A ) ARE ANY ROYALTIES AND LICENCE FEES RELATED TO THE IMPORTED GOODS PAYABLE EITHER DIRECTLY OR INDIRECTLY BY THE BUYER AS A CONDITION OF THE SALE ? *... YES ... NO*   ( B ) IS THE SALE SUBJECT TO AN ARRANGEMENT UNDER WHICH PART OF THE PROCEEDS OF ANY SUBSEQUENT RESALE , DISPOSAL OR USE ACCRUES DIRECTLY OR INDIRECTLY TO THE SELLER ? *... YES ... NO*  IF " YES " TO EITHER OF THESE QUESTIONS , SPECIFY CONDITIONS AND , IF POSSIBLE , INDICATE THE AMOUNTS IN BOXES 15 AND 16 OVERLEAF : **  10 I , THE UNDERSIGNED , DECLARE THAT ALL PARTICULARS GIVEN IN THIS DOCUMENT ARE TRUE AND COMPLETE .  PLACE :  DATE :  SIGNATURE : ...  DECLARANT :  (*) PERSONS SHALL BE DEEMED TO BE RELATED ONLY IF :   ( A ) THEY ARE OFFICERS OR DIRECTORS OF ONE ANOTHER'S BUSINESSES ;   ( B ) THEY ARE LEGALLY RECOGNIZED PARTNERS IN BUSINESS ;   ( C ) THEY ARE EMPLOYER AND EMPLOYEE ;   ( D ) ANY PERSON DIRECTLY OR INDIRECTLY OWNS , CONTROLS OR HOLDS 5 % OR MORE OF THE OUTSTANDING VOTING STOCK OR SHARES OF BOTH OF THEM ;   ( E ) ONE OF THEM DIRECTLY OR INDIRECTLY CONTROLS THE OTHER ;   ( F ) BOTH OF THEM ARE DIRECTLY OR INDIRECTLY CONTROLLED BY A THIRD PERSON ;   ( G ) TOGETHER THEY DIRECTLY OR INDIRECTLY CONTROL A THIRD PERSON ; OR   ( H ) THEY ARE MEMBERS OF THE SAME FAMILY .  **ITEM ...*ITEM ...*ITEM ...*  A . BASIS OF CALCULATION*****  *11 ( A ) NET PRICE IN CURRENCY OF INVOICE ( PRICE ACTUALLY PAID OR PRICE PAYABLE FOR SETTLEMENT AT THE MATERIAL TIME FOR VALUATION FOR CUSTOMS PURPOSES ) ****  * ( B ) INDIRECT PAYMENTS - SEE BOX 8 ( B ) OVERLEAF****  * ( RATE OF EXCHANGE ... ) ****  *12 TOTAL A IN NATIONAL CURRENCY****  B . ADDITIONS : *****  COSTS IN NATIONAL CURRENCY NOT INCLUDED IN A ABOVE (*)*****  *13 COSTS INCURRED BY THE BUYER : ****  * ( A ) COMMISSIONS , EXCEPT BUYING COMMISSIONS****  * ( B ) BROKERAGE****  * ( C ) CONTAINERS AND PACKING****  QUOTE BELOW PREVIOUS RELEVANT CUSTOMS DECISIONS , IF ANY : *****  *14 GOODS AND SERVICES SUPPLIED BY THE BUYER FREE OF CHARGE OR AT REDUCED COST FOR USE IN CONNECTION WITH THE PRODUCTION AND SALE FOR EXPORT OF THE IMPORTED GOODS : ****  *THE VALUES SHOWN REPRESENT AN APPORTIONMENT WHERE APPROPRIATE****  * ( A ) MATERIALS , COMPONENTS , PARTS AND SIMILAR ITEMS INCORPORATED IN THE IMPORTED GOODS****  * ( B ) TOOLS , DIES , MOULDS AND SIMILAR ITEMS USED IN THE PRODUCTION OF THE IMPORTED GOODS****  * ( C ) MATERIALS CONSUMED IN THE PRODUCTION OF THE IMPORTED GOODS****  * ( D ) ENGINEERING , DEVELOPMENT , ARTWORK , DESIGN WORK , AND PLANS AND SKETCHES UNDERTAKEN ELSEWHERE THAN IN THE COMMUNITY AND NECESSARY FOR THE PRODUCTION OF THE IMPORTED GOODS****  *15 ROYALTIES AND LICENCE FEES - SEE BOX 9 ( A ) OVERLEAF****  *16 PROCEEDS OF ANY SUBSEQUENT RESALE , DISPOSAL OR USE ACCRUING TO THE SELLER - SEE BOX 9 ( B ) OVERLEAF****  *17 COSTS OF DELIVERY TO ... ( PLACE OF INTRODUCTION ) ***  * ( A ) TRANSPORT****  * ( B ) LOADING AND HANDLING CHARGES****  * ( C ) INSURANCE****  *18 TOTAL B****  C . DEDUCTIONS : *****  COSTS IN NATIONAL CURRENCY INCLUDED IN A ABOVE (*)*****  *19 COSTS OF TRANSPORT AFTER IMPORTATION****  *20 CHARGES FOR CONSTRUCTION , ERECTION , ASSEMBLY , MAINTENANCE OR TECHNICAL ASSISTANCE UNDERTAKEN AFTER IMPORTATION****  *21 OTHER CHARGES ( SPECIFY ) ****  *22 CUSTOMS DUTIES AND TAXES PAYABLE IN THE COMMUNITY BY REASON OF THE IMPORTATION OR SALE OF THE GOODS****  *23 TOTAL C****  24 VALUE DECLARED ( A + B - C ) ****  (*) WHERE AMOUNTS ARE PAYABLE IN FOREIGN CURRENCY , INDICATE IN THIS SECTION THE AMOUNT IN FOREIGN CURRENCY AND THE RATE OF EXCHANGE BY REFERENCE TO EACH RELEVANT ELEMENT AND ITEM .  REFERENCE  AMOUNT  RATE OF EXCHANGE