CELEX: 51990PC0071(02)
Language: en
Date: 1990-02-28
Title: PROPOSAL FOR A COUNCIL REGULATION ( EEC ) DETERMINING THE CASES AND THE SPECIAL CONDITIONS UNDER WHICH THE TEMPORARY IMPORTATION ARRANGEMENTS MAY BE USED WITH TOTAL RELIEF FROM IMPORT DUTIES

N o C 128/54                          Official Journal of the European Communities                                 23. 5. 90
                                                        Proposal for a
                                       COUNCIL REGULATION (EEC) No
                                                           of
                   determining the cases and the special conditions under which the temporary importation
                                 arrangements may be used with total relief from import duties
THE COUNCIL OF THE EUROPEAN COMMUNITIES                           latter also apply with in the framework of the present
                                                                   Regulation; in particular, the procedure of the com-
                                                                  mittee referred to is the procedure defined in the code;
 Having regard to the Treaty establishing the European
 Economic Community,
                                                                  Whereas it is appropriate to reproduce the cases and
 Having regard to Council Regulation (EEC) No ... of ...          the conditions defined in Council Regulations
establishing a Community Customs Code ('), (hereinaf-
ter called 'the code"), and in particular Article 139 ther-
                                                                  — (EEC) No 3599/82 of 21 December 1982 on tem-
eof,
                                                                       porary importation arrangements (3), as last
                                                                       amended by Regulation (EEC) No 1620/85 (4),
 Having regard to the proposal from the Commission
a                                                                 — (EEC) No 1855/89 of 14 June 1989 on the tempor-
                                                                       ary importation of means of transport (5),
Whereas the cases and the special conditions under
which the temporary importation arrangements may be               — (EEC) No 3312/89 of 30 October 1989 on the tem-
used with total relief from import duties are to be deter-             porary importation of containers (6),
mined;
 Whereas the present Regulation forms an integral part
of the code and consequently the general rules of the             HAS ADOPTED THIS REGULATION:
                                                           TITLE I
                           TEMPORARY IMPORTATION OF MEANS O F TRANSPORT
                        CHAPTER I                                 (b) 'business use' shall mean the use of a means of
                                                                       transport in direct exercise of an activity carried
                  GENERAL PROVISIONS                                   out for consideration or financial gain;
                          Article 1
                                                                  (c) 'private use' shall mean use for purposes other than
For the purposes of this Regulation:                                   business use as defined in (b);
(a) 'means of transport' shall mean any means used for
     the transport of persons or goods. 'Means of trans-
                                                                  (d) 'container' shall mean an article of transport equip-
     port' shall cover spare parts and normal accessories
                                                                       ment (lift-van, movable tank, demountable body or
     and equipment, including the equipment used to
                                                                       other similar structure):
     stow, secure or protect goods, imported with the
     means of transport;
                                                                  O    OJ No  L 376, 31. 12. 1982, p. 1.
                                                                  (4)  OJ No  L 155, 14. 6. 1985, p. 54.
(')   OJNoL.               ., p.                                  (5)  OJ No  L 186, 30. 6. 1989, p. 8.
(-)  OJ No L .             ., p.                                  (6)  OJ No  L 321, 4. 11. 1989, p. 5.
 ---pagebreak---   23. 5. 90                              Official Journal of the European Communities                              NoC 128/55
      — fully or partially enclosed to constitute a com-                                       Article 4
           partment intended for containing goods,
      — of a permanent character and accordingly                     The means of transport referred to in Titles II to V shall
           strong enough to be suitable for repeated use,            not be lent, hired, pledged, transferred or put at the dis-
                                                                     posal of any person having his normal residence in the
      — specially designed to facilitate the carriage of             customs territory of the Community.
           goods, by one or more modes of transport,
           without intermediate reloading,
                                                                                               Article 5
      — designed for ready handling, particularly when
           being transferred from one mode of transport
           to another,                                               In accordance with the procedure of the committee, it
                                                                     may be permissible in special cases for a person to
      — designed to be easy to fill and to empty, and                import and/or to use a means of transport in the cus-
           having an internal volume of one cubic metre             toms territory of the Community without complying
           or more.                                                  with the provisions of this Title.
      Platform flats shall be treated as containers.
      Moreover, derogations may be authorized in                                              TITLE II
      accordance with the procedure of the committee.
      In accordance with the procedure, the definition of                         MEANS OF ROAD TRANSPORT
      containers may be supplemented to take account of
      technical developments.
                                                                                              Article 6
      The term 'container' shall include the accessories
      and equipment of the container, appropriate for
      the type concerned, provided that such accessories             1. The temporary importation arrangements shall
      and equipment are carried with the container. The             apply to road vehicles for business use.
      term 'container' shall not include vehicles, accesso-
      ries or spare parts of vehicles, or packaging;                2. For the purposes of this Article, 'vehicles' shall
                                                                    mean all road vehicles and all trailers which can be
 (e) 'internal traffic' shall mean the carriage of goods            coupled to such vehicles.
      loaded in the customs territory of the Community
      for subsequent unloading in that territory.
                                                                    3. Without prejudice to paragraph 4, admission under
                                                                    the temporary importation arrangements referred to in
                                                                    paragraph 1 shall be subject to the condition that the
                           Article 2                                vehicles are:
                                                                    (a) imported by a person established outside the cus-
 Save for the cases to be determined in accordance with                  toms territory of the Community or on his behalf;
 the procedure of the committee, the placing of a means
 of transport under the arrangements is not subject to             (b) used for business purposes by such a person or on
 provision of a guarantee to ensure the payment of a                     his behalf; and
 customs debt that may arise.
                                                                   (c) registered outside the customs territory of the Com-
                                                                         munity in the name of a person established outside
                                                                         that territory. However, if the vehicles are not regis-
                                                                         tered, the above condition shall be deemed to be
                           Article 3                                     met where the vehicles in question belong to a per-
                                                                         son established outside the customs territory of the
                                                                        Community;
 1. Spare parts, accessories and normal equipment,
including equipment which is used for the stowage,                 (d) used exclusively for transport which begins or ends
securing or protection of goods, imported separately                    outside the customs territory of the Community,
from the means of transport for which they are                          save for the cases to be determined in accordance
intended, shall be admitted under the temporary impor-                  with the procedure of the committee.
tation arrangements.
                                                                   4. Where a trailer is coupled to a motor vehicle regis-
2. Defective parts and spare parts removed from                    tered within the customs territory of the Community, it
means of transport as a result of repair or maintenance            shall be admitted under these arrangements even if the
must be dealt with in one of the ways allowed for the              conditions set out in subparagraphs 3 (a) and (b) are
imported goods.                                                    not satisfied.
 ---pagebreak---  NoC 128/56                           Official Journal of the European Communities                                 23. 5. 90
5. The vehicles referred to in paragraph 1 may remain             (b) where a student uses a private vehicle registered in
in the customs territory of the Community subject to                   the country of his normal residence in the customs
the conditions laid down in paragraph 3 during the                     territory of the Community in which the student is
time required for carrying out the operations for which                residing for the sole purpose of pursuing his stu-
temporary admission is being requested, e.g. dispatch-                 dies.
ing, picking up and setting down of passengers, load-
ing and unloading goods, transport and maintenance.
                                                                 6. Without prejudice to paragraph 5 (a), the vehicles
                                                                 referred to in paragraph 1 may remain in the customs
                                                                 territory of the Community for:
                                                                 (a) a period of six months — whether continuous or
                          Article 7                                    not — in any 12 months;
                                                                 (b) the period the student stays in the customs territory
                                                                       of the Community in the cases referred to in para-
 1. The temporary importation arrangements shall                      graph 5 (b).
apply to road vehicles for private use.
                                                                 7. Paragraphs 5 (b) and 6 (b) shall apply mutatis
                                                                 mutandis to persons fulfilling assignments of a speci-
2. For the purposes of this Article, 'vehicles' shall            fied duration.
mean all road vehicles, including caravans and trailers,
which can be coupled to motor vehicles.
                                                                                           Article 8
3. Admission under the temporary importation
arrangements referred to in paragraph 1 shall be subject          1. Article 7 shall apply mutatis mutandis to saddle or
to the condition that the vehicles are:                          draught animals and the vehicles drawn by them enter-
                                                                 ing the customs territory of the Community.
(a) imported by persons established outside the cus-
     toms territory of the Community;
                                                                 2. The animals and the vehicles drawn by them
                                                                 referred to in paragraph 1 may remain in the customs
(b) used for private purposes by the persons con-                territory of the Community for a period of three
     cerned; and                                                 months.
(c) registered outside the customs territory of the Com-
     munity in the name of a person established outside
     that territory. However, if the vehicles are not regis-                             CHAPTER III
     tered, the above condition shall be deemed to be
     met where the vehicles in question belong to a per-                        MEANS OF RAIL TRANSPORT
     son established outside the customs territory of the
     Community.
                                                                                           Article 9
4. Notwithstanding subparagraph 3, the arrangements              1. The temporary importation arrangements shall
shall also extend to non-Community vehicles which are            apply to means of rail transport.
registered in the customs territory of the Community
under a temporary series with a view to re-exportation
and carry a registration number plate issued to a person         2. For the purposes of this Article, 'means of rail
established outside that territory.                             transport' shall mean all prime movers, railcars and
                                                                 multiple sets, and rolling stock of any description used
                                                                 for the transport of persons and goods.
5. The temporary importation arrangements shall also
                                                                 3. Admission under the temporary importation
apply in the following cases:
                                                                 arrangements referred to in paragraph 1 shall be subject
                                                                to the condition that the means of rail transport:
(a) where a private vehicle registered in the country of
     normal residence of the user is used regularly for         (a) belong to a person established outside the customs
     the journey from his residence to his place of work              territory of the Community;
     and vice versa in the customs territory of the Com-
     munity. There shall be no other limitation on the          (b) are registered on a railway network outside the cus-
     period;                                                          toms territory of the Community.
 ---pagebreak---   23. 5. 90                            Official Journal of the European Communities                                N o C 128/57
  4. Means of rail transport may remain in the customs                                     CHAPTER VI
  territory of the Community for 12 months.
                                                                                             PALLETS
                       CHAPTER IV
                                                                                             Article 12
                 MEANS OF AIR TRANSPORT
                         Article 10                                1. The temporary         importation   arrangements    shall
                                                                   apply to pallets.
  1. The temporary importation         arrangements    shall
 apply to means of air transport.                                  2. For the purposes of this Article, a 'pallet' shall
                                                                   mean a device on the deck of which a quantity of
                                                                   goods can be assembled to form a unit load for the pur-
 2. The means of transport referred to in paragraph 1
                                                                   pose of transport or of handling or stacking by means
 may remain in the customs territory of the Community
                                                                   of mechanical applicances. The device consists either
 for the time required for carrying out the operations for
                                                                   of two decks connected to each other by cross-braces,
 which temporary admission is being requested, e.g. dis-
                                                                   or of a deck supported by feet or of a special deck
 patching, boarding and landing passengers, loading
                                                                  designed for air transport; its overall height is reduced
 and unloading goods, transport and maintenance.
                                                                  to the minimum compatible with its handling by means
                                                                  of rollers, forklift trucks or pallet trucks; it may or may
 3. Where the means of transport referred to in para-             not have a superstructure.
 graph 1 are used for private air transport, the condi-
 tions laid down in Article 7 (3) shall apply.
                                                                                          CHAPTER VII
 4. The means of transport referred to in paragraph 3
 may remain in the customs territory of the Community
 for a period of six months, whether continuous or not,
 in any 12-month period.                                                                   CONTAINER
                                                                                             Article 13
                       CHAPTER V
       SEA AND INLAND WATERWAY TRANSPORT                          1. The benefit of the temporary importation arrange-
                                                                  ments shall apply to containers approved for transport
                                                                  under customs seal or simply bearing marks when they
                         Article 11                               are introduced into the customs territory of the Com-
                                                                  munity on behalf of their owners, their operators or the
                                                                  representatives of either of those.
 1. The temporary importation arrangements shall
 apply to means of sea and inland waterway transport.
                                                                  2. Containers other than those referred to in para-
 2. The means of transport referred to in paragraph 1             graph 1 shall be admitted for temporary importation if
 may remain in the customs territory of the Community            this is authorized by the customs authorities.
for the time required for carrying out the operations for
which temporary admission is being requested, e.g. dis-
patching, boarding and landing passengers, loading               3. Containers placed under temporary importation
and unloading goods, transport and maintenance.                  arrangements may remain in the customs territory of
                                                                 the Community for a maximum period of 12 months.
                                                                  However, where particular circumstances so warrant,
3. Where the means of transport referred to in para-
                                                                 this period may be extended in order to permit their
graph 1 are used for private sea or inland waterway
                                                                 authorized use.
transport, the conditions laid down in Article 7 (3) shall
apply.
                                                                 4. Containers placed under temporary importation
4. The means of transport referred to in paragraph 3             arrangements may be used in internal traffic before
may remain in the customs territory of the Community             being re-exported from the customs territory of the
for a period of six months, whether continuous or not,           Community where the containers would otherwise have
in any 12-month period.                                          to make a journey unladen within the said territory.
 ---pagebreak---   NoC 128/58                           Official Journal of the European Communities                                 23. 5. 90
                                                          TITLE II
                      TEMPORARY IMPORTATION OF GOODS OTHER THAN MEANS OF
                                                        TRANSPORT
                          CHAPTER I                               under the said arrangements in the same way as the
                                                                  equipment itself.
                 PROFESSIONAL EQUIPMENT
                                                                                          CHAPTER II
                           Article 14
                                                                  GOODS FOR DISPLAY OR USE AT AN EXHIBITION,
  1. The benefit of temporary importation arrangements                     FAIR, SYMPOSIUM OR SIMILAR EVENT
 with total relief from import duties shall be granted in
 respect of professional equipment.
                                                                                           Article 16
 2. 'Professional equipment' means the equipment and
 accessories needed for the exercise of his trade or pro-         1. The benefit of temporary importation arrangements
 fession by a natural or legal person established outside         with total relief from import duties shall be granted for:
 the customs territory of the Community, who is in the            (a) goods intended for display or to be the subject of a
 Community to perform a particular job of work.                        demonstration at an event;
 The list of goods considered as 'professional equip-             (b) goods intended for use at an event for the purpose
 ment' for the purposes of this Regulation shall be                    of presenting imported products, such as:
 drawn up and amended in accordance with the proce-                   — goods necessary for demonstration of the
 dure of the committee.                                                     imported machines or apparatus on exhibition,
 3. The temporary importation arrangements referred                   — equipment, including electrical fittings, used
 to in paragraph 1 shall be granted provided that the                       for constructing and decorating the temporary
 professional equipment is:                                                 stands of a person established outside the
                                                                            Community,
 (a) owned by a person established outside the customs
      territory of the Community;                                     — advertising material and demonstration and
                                                                            other equipment intended for use in publiciz-
 (b) imported by a person established outside the said                      ing the imported goods on exhibition, such as
      territory;                                                            sound recordings, films and transparencies,
                                                                            together with the accessories required in con-
 (c) to be used exclusively by the person entering the                      nection with their use;
      said territory or under his supervision.
                                                                 (c) equipment, including interpreting installations,
                                                                      sound recording apparatus and educational, scien-
 However, the condition referred to in (c) shall not                  tific or cultural films, intended for use at interna-
apply to cinematographic equipment imported for the                   tional meetings, conferences and symposia;
purpose of producing films under a co-production con-
tract concluded with a person established in the cus-            (d) live animals intended for exhibition at, or partici-
toms territory of the Community.                                      pation in, an event;
                                                                 (e) products obtained during an event from goods,
In the case of joint radio or television programme                    machinery, apparatus or animals imported tempor-
productions, professional equipment may be the sub-                   arily.
ject of a hire or similar contract to which a person
established in the customs territory of the Community
is party.                                                        2.   An'event'means:
                                                                 (a) a trade, industrial, agricultural or craft exhibition,
                                                                      fair, or similar show or display;
                           Article 15
                                                                 (b) an exhibition or meeting which is primarily organ-
                                                                      ized for a charitable purpose;
Spare parts subsequently imported for the repair of
professional equipment which has been imported tem-              (c) an exhibition or meeting which is primarily organ-
porarily shall benefit from the advantages granted                    ized to promote any branch of learning, art, craft,
 ---pagebreak---   23. 5. 90                              Official Journal of the European Communities                             No C 128/59
       sport or scientific, technical, educational, cultural,                                 Article 18
       trade union or tourist activity, or to promote friend-
       ship between peoples or to promote religious                  1. The benefit of temporary importation arrangements
       knowledge or worship;                                         with total relief from import duties shall be granted for:
  (d) a meeting of representatives of international organ-           (a) scientific equipment and accessories;
       izations or international groups of organizations;
                                                                    (b) spare parts for such equipment;
 (e) a representative meeting of an official or comme-
       morative character;                                          (c) tools specially designed for the maintenance,
                                                                          checking, calibration or repair of scientific equip-
 except exhibitions organized for private purposes in                     ment used in the customs territory of the Com-
 shops or business premises with a view to sale of the                    munity exclusively for purposes of scientific
 goods imported.                                                         research or teaching.
                                                                    2. 'Scientific equipment' means instruments, appara-
                                                                    tus, machines and accessories thereof used for the pur-
                         CHAPTER III
                                                                    pose of scientific research or teaching.
     TEACHING AIDS AND SCIENTIFIC EQUIPMENT                         3. The temporary importation arrangements referred
                                                                    to in paragraph 1 shall be granted provided that the
                            Article 17                              scientific equipment, accessories, spare parts and tools:
                                                                    (a) are imported by approved establishments and are
  1. The benefit of temporary importation arrangements                   used under the supervision and responsibility of
 with total relief from import duties shall be granted for:              such establishments;
                                                                    (b) are used for non-commercial purposes;
 (a) teaching aids;
                                                                    (c) are imported in reasonable numbers having regard
 (b) spare parts and accessories for such aids;                          to their intended purpose;
 (c) tools especially designed for the maintenance,                 (d) remain throughout their stay in the customs terri-
       checking, calibration or repair of such aids.                     tory of the Community the property of a person
                                                                         who is established outside the Community.
 2. 'Teaching aid' means any aid intended for the
 exclusive purpose of teaching or vocational training,              4. The period during which such scientific equipment
 and in particular models, instruments, apparatus,                  may remain under temporary importation arrangements
 machines and accessories thereof.                                  may not exceed six months.
 The list of goods considered as teaching aids for the                                     CHAPTER IV
 purposes of this Regulation shall be drawn up and
 amended in accordance with the procedure of the com-                      MEDICAL, SURGICAL AND LABORATORY
 mittee.                                                                                   EQUIPMENT
 3. The temporary importation arrangements referred                                          Article 19
to in paragraph 1 shall be granted provided that the
teaching aids, spare parts, accessories or tools:                   1. The benefit of temporary importation arrangements
                                                                   with total relief from import duties shall be granted for
(a) are imported by approved establishments and are                medical, surgical and laboratory equipment intended
      used under the supervision and responsibility of             for hospitals and other medical institutions.
      such establishments;
(b) are used for non-commercial purposes;                          2. The temporary importation arrangements referred
                                                                   to in paragraph 1 shall be granted provided that the
(c) are imported in reasonable quantities,            having       said equipment:
      regard to their intended purpose;
                                                                   (a) has been dispatched on an occasional basis, on
(d) remain throughout their stay in the customs terri-                  loan and free of charge;
      tory of the Community the property of a person
                                                                   (b) is intended for diagnostic and therapeutic pur-
      who is established outside the Community.                         poses.
4. The period during which such teaching aids may                  3. The period during which medical, surgical and
remain under temporary importation arrangements may                laboratory equipment may remain under temporary
not exceed six months.                                             importation arrangements may not exceed six months.
 ---pagebreak--- N o C 128/60                          Official Journal of the European Communities                                 23. 5. 90
                        CHAPTER V                                not exceed six months where they are imported filled or
                                                                 three months where they are imported empty.
     MATERIALS FOR USE IN COUNTERING THE
                 EFFECTS OF DISASTERS
                          Article 20                                                    CHAPTER VII
1. The benefit of temporary importation arrangements              OTHER CASES OF TEMPORARY IMPORTATION ON
with total relief from import duties shall be granted in                          A TOTAL RELIEF BASIS
the case of materials for use in connection with mea-
sures taken to counter the effects of disasters affecting
the customs territory of the Community.                                                   Article 22
2. The temporary importation arrangements referred
to in paragraph 1 shall be granted provided that such            The benefit of temporary importation arrangements
materials:                                                       with total relief from import duties shall be granted for:
— have been imported on loan and free of charge;                 (a) moulds, dies, blocks, drawings, sketches and other
                                                                     similar articles intended for a person established in
— are intended for State bodies or bodies approved                   the customs territory of the Community, where at
     by the competent authorities.                                   least 75 % of the production resulting from their
                                                                     use is exported from that territory;
                       CHAPTER VI                                (b) measuring, checking and testing instruments and
                                                                     other similar articles intended for a person estab-
                         PACKINGS                                    lished in the customs territory of the Community
                                                                     for use in a manufacturing process, where at least
                          Article 21                                 75 % of the production resulting from their use is
                                                                     exported from that territory;
 1. The benefit of temporary importation arrangements
                                                                 (c) goods of any kind which are to be subjected to
with total relief from import duties shall be granted for
                                                                     tests, experiments or demonstrations, including the
packings.
                                                                     tests and experiments required for type-approval
                                                                     procedures, but excluding any tests, experiments or
2.    'Packings' means:                                              demonstrations constituting a gainful activity;
(a) holders used, or to be used, as external or internal
                                                                 (d) goods of any kind to be used to carry out tests,
      coverings for goods;
                                                                     experiments or demonstrations, but excluding any
(b) holders on which goods are, or are to be, rolled,                tests, experiments or demonstrations constituting a
      wound or attached,                                             gainful activity;
but excluding packing materials such as straw, paper,            (e) samples which are representative of the particular
glass wool and shavings when imported in bulk.                       category of goods and which are intended for
                                                                     demonstration purposes with a view to obtaining
3. The temporary importation arrangements referred                   orders for similar goods;
to in paragraph 1 shall be granted provided that:
                                                                 (f) special tools and instruments made available free
(a) if the packings are imported filled, they are                    of charge to a person established in the customs
      declared as being for re-exportation empty or                  territory of the Community for use in the manufac-
      filled;                                                        ture of goods which are to be exported in their
(b) if the packings are imported empty, they are                     entirety, on condition that such special tools and
      declared as being for re-exportation filled.                   instruments remain the property of the consignee
                                                                     of the said goods.
4. Packings admitted under temporary arrangements
cannot be used, even as an exception, between two
points located within the customs territory of the Com-                                   Article 23
munity, except with a view to the export of goods out-
side that territory. In the case of packings imported
filled, this ban shall apply only from the time that their       1. The benefit of temporary importation arrangements
contents are emptied.                                            with total relief from import duties shall be granted for:
5. The period during which such packings may                     (a) second hand goods imported with a view to their
remain under temporary importation arrangements may                  sale by auction;
 ---pagebreak---  23. 5. 90                             Official Journal of the European Communities                              NoC 128/61
 (b) goods imported under a contract of sale, which are            2. 'Personal effects' means any clothing and other
      to be subjected to satisfactory acceptance tests;            new or used articles intended for the personal use of
                                                                  the traveller.
 (c) works of art imported for the purposes of exhibi-
      tion, with a view to possible sale;
 (d) consignments on approval of made-up articles of                                        Article 27
      fur, precious stones, carpets and articles of jewel-
      lery provided that their particular characteristics         The benefit of temporary importation arrangements
      prevent their being imported as samples.                    with total relief from import duties shall be granted for:
                                                                  (a) live animals of any species imported for dressage,
 2. The period during which the goods referred to in                   training or breeding purposes or in order to be
 paragraph 1 may remain under temporary importation                    given veterinary treatment;
 arrangements may not exceed six months in the case of
 (a), (b) and (c) and four weeks in that of (d).                  (b) live animals of any species imported for transhum-
                                                                       ance or grazing purposes;
                                                                  (c) draught animals and equipment belonging to per-
                          Article 24                                   sons established outside but in close proximity to
                                                                       the customs territory of the Community provided
                                                                       that they are imported by such persons for working
 1. The benefit of temporary importation arrangements
                                                                       land located inside the customs territory of the
with total relief from import duties shall be granted for
                                                                       Community, involving the performance of agricul-
replacement means of production made temporarily
                                                                       tural work or the unloading or transport of timber;
available free of charge to the importer on the initiative
of the supplier of similar means of production to be              (d) tourist publicity material. The list of goods to be
subsequently imported for release into free circulation                considered as tourist publicity material shall be
or for means of production re-installed after repair.                  drawn up and amended in accordance with the
                                                                       procedure of the committee.
2. The period during which the replacement means of
production referred to in paragraph 1 may remain
under temporary importation arrangements may not                                            Article 28
exceed six months.
                                                                   1. The benefit of temporary importation arrangements
                                                                  with total relief from import duties shall be granted for
                          Article 25                              welfare material for seafarers.
The benefit of temporary importation arrangements                 2. The following definitions shall apply;
with total relief from import duties shall be granted for:        —     'welfare material' means material intended for cul-
                                                                        tural, educational, recreational, religious or sport-
(a) positive cinematograph films, printed and devel-
                                                                        ing activities by seafarers,
      oped, intended for projection prior to commercial
      use;                                                        —     'seafarers' means all persons transported on board
                                                                        a vessel and responsible for tasks relating to the
(b) films, magnetic tapes and films which are intended                  operation or servicing of the vessel at sea.
      to be provided with a sound track, dubbed or cop-
      ied;
                                                                  3. The list of goods to be considered as welfare mater-
(c) films demonstrating the nature of products or the             ial for seafarers shall be drawn up and amended in
      operation of foreign equipment, provided that they          accordance with the procedure of the committee.
      are not intended for public showing for charge;
                                                                  4. The temporary importation arrangements referred
(d) carrier material for recorded sound and data-pro-             to in paragraph 1 shall be granted provided that the
      cessing, including punched cards, made available            material is:
      free of charge to a person whether or not estab-
      lished in the customs territory of the Community.           (a) disembarked from a vessel for temporary use on
                                                                       land by the crew for a period not exceeding that of
                                                                       the vessel's stay in port;
                          Article 26                              (b) imported for temporary use in cultural or social
                                                                       establishments for a period not exceeding six
 1. The benefit of temporary importation arrangements                  months. 'Cultural or social establishments' means
with total relief from import duties shall be granted in               hostels, clubs and recreational premises for seafar-
respect of the personal effects which travellers are car-             ers, managed by either official bodies or religious
rying on their person or in their personal luggage for                or other non-profit-making organizations, and also
the duration of their stay in the customs territory of the            places of worship where regular service are held for
Community.                                                            seafarers.
 ---pagebreak--- No C 128/62                            Official Journal of the European Communities                                 23.5.90
                          Article 29                                                       Article 30
The benefit of temporary importation arrangements                  The benefit of temporary importation arrangements
with total relief from import duties shall be granted for          with total relief from import duties shall be granted for
the various equipment used, under the supervision and              goods temporarily imported into the customs territory
responsibility of a public authority, for the building,            of the Community in particular circumstances which
repair or maintenance of infrastructure of general                 have no economic effect.
importance in border zones.
                                                         TITLE III
                                                    FINAL PROVISIONS
                                                           Article 31
                 This Regulation shall enter into force on the third day following its publication in the
                 Official Journal of the European Communities.
                 It shall apply from 1 January 1993.
                 This Regulation shall be binding in its entirety and directly applicable in all Member
                 States.