CELEX: 51984PC0111
Language: en
Date: 1984-02-27
Title: AMENDMENTS TO THE PROPOSAL FOR A COUNCIL REGULATION ON THE INFORMATION PROVIDED BY THE CUSTOMS AUTHORITIES OF THE MEMBER STATES CONCERNING THE CLASSIFICATION OF GOODS IN THE CUSTOMS NOMENCLATURE

22.3.84                          Official Journal of the European Communities                         No C 81/7
        Amendments to the proposal for a Council Regulation on the information provided by
        the customs authorities of the Member States concerning the classification of goods in the
                                             customs nomenclature (')
                                                COM(84) 111 final
         (Submitted by the Commission to the Council pursuant to Article 149 (2) of the EEC Treaty
                                                 on 1 March 1984)
                                                   (84/C 81/09)
        The Commission amends its proposal as follows:
        1. The text of the ninth recital is replaced by the following: 'Whereas this Regulation
            deals with the conditions for providing and for using, within the customs territory of
            the Community, information concerning the classification of goods of every kind in
            the customs nomenclature; whereas the provisions of the Treaty concerning customs
            matters do not empower Community institutions to enact binding provisions on this
            matter; whereas it therefore seems necessary to base this Regulation also on Article
            235 of the Treaty;'.
        2. The text of Article 9 (1) is replaced by the following: 'Binding tariff information may
            be relied upon only by the holder thereof, his successors or beneficiaries or by a
            person acting on their behalf. It shall be presented at the customs service at the time
            of completion of the customs formalities relating to the goods in respect of which the
            holder intends to rely upon such information.'
        3. The text of Article 9 (2) is replaced by the following:
            'The holder of binding information may rely upon it in respect of particular goods
            only where it is established to the satisfaction of the customs service that the goods in
            question conform in all respects to those described in the information presented.
            At the time of customs clearance, the customs service may carry out any check or
            examination which it deems useful in order to satisfy itself that the goods presented are
            in fact those in respect of which the information has been given.'
        4. Article 14 (5) is deleted. Article 14 (6) becomes Article 14 (5).
            A new Article 14a is added after Article 14. The text of the new Article shall read as
            follows:
             'Article 14a
            Upon the adoption of one of the tariff measures referred to in Article 13 or Article 14
            (1), Member States shall take the necessary steps to ensure that binding tariff infor-
            mation provided by the competent customs authorities is in conformity with the
            measure in question.
            The provisions of the preceding paragraph shall apply even where a specific date is laid
            down for the entry into force of the tariff measure in question.'
        5. Article 16 is deleted.
        6. Articles 17 and 18" become Articles 16 and 17 respectively.
        7. The text of the new Article 16 is replaced by the following:
             'Article 16
            Each Member State shall present annually to the Commission, in a form which the
            latter shall determine, a report on the implementation of this Regulation.'
        8. The text of the new Article 17 is replaced by the following:
             'Article 17
            This Regulation shall enter into force 12 months from the date of its adoption.'
        (') OJ No C 256, 8. 10. 1981, p. 10.