CELEX: 51989PC0276
Language: en
Date: 1989-07-10
Title: PROPOSAL FOR A COUNCIL REGULATION ( EEC ) ON THE TEMPORARY IMPORT OF CONTAINERS

COMMISSION OF THE EUROPEAN COMMUNITIES
                                       COM(89) 276 final
                                       Brussels, 10 July 1989
                     Proposal for a
                COUNCIL REGULATION (EEC)
         on the temporary import of containers
             (presented by the Commission)
 ---pagebreak---                    EXPLANATORY MEMORANDUM
1.   The Council adopted Regulation (EEC) No    2096/87 of 13 July 1987 on
     the temporary importation of containers on the legal basis of
     Articles 28 and 235 of the EEC Treaty, whereas the Commission
     proposal had referred exclusively to Article 113.    The Commission
     brought an action before the Court of Justice for the annulment of
     this Regulation.
2.   In its judgment of 2 February 1989 (case 275/87) the Court annulled
     Council Regulation 2096/87 because Council adopted this Regulation
     on the joint legal basis of Articles 28 and 235 instead of Article
     28 and/or Article 113.   The effects of the said Regulation remain
     in force, however, until the entry into force of the measures to be
     taken by the Council in order to carry out the judgment.
3.   The annulment of the Regulation means that it legally disappears
     (although its effects are temporarily retained) and the Council
     must therefore adopt a new Regulation to recreate the necessary
     conditions for the application of the customs procedure concerned.
4.    The text of the new Regulation is identical to that of the annulled
      Regulation (except for Articles 16 and 1 7 ) .
CONCLUSIONS
The Commission proposes that the Council carry out the judgment of the
Court of 2 February 1989 (case 275/87) in accordance with the attached
proposal for a Regulation.
                                                                           i
 ---pagebreak---                               Proposal for a
                         COUNCIL REGULATION (EEC)
                on the temporary import of containers
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
and in particular Article 113 thereof,
Having regard to the proposal from the Commission,
Whereas Council Regulation (EEC) No     2096/87 of 13 July 1987 on ths
temporary importation of containers (1) was annulled by the judgment of
the Court of 2 February 1989 in case 275/87 (2); whereas, under the terms
of the judgment, the effects of the said Regulation remain until the entry
into force of the measures to be taken by the Council in order to carry
out the judgment; whereas the reason for the annulment of the said
Regulation was that it had been adopted by the Council on the
legal basis of Article     235; whereas the said Regulation, which falls
within the context of the Commercial Policy, should have been adopted on
the basis of Article 113 of the Treaty;
Whereas Community legislation should cover temporary import of
containers which do not satisfy the conditions laid down in Articles 9
and 10 of the Treaty; whereas the Member States are contracting parties
to the Customs Convention on Containers, done at Geneva on 18 May 1956
or to the Customs Convention on Containers, done at Geneva on 2 December
1972; whereas these Conventions have an effect on the common customs
legislation; whereas it is necessary having regard to the specific
requirements of the customs union, to lay down Community provisions;
whereas these provisions constitute an essential instrument of thé
Commercial Policy of the Community;
(1)  0J  No  L 196, 17.7.1987, p. 4.
(2)  0J  No  C   6 6 , 16.3.1989, p. 4.
 ---pagebreak--- Whereas, in order to ensure uniform implementation of this Regulation,
it is necessary to make provision for a Community procedure whereby the
relevant implementing provisions may be adopted; whereas close and
effective cooperation in this field between the Member States and the
Commission should be organized through the Committee for Customs Procedures
with Economic Impact established by Council Regulation (EEC) No   1999/85
of 16 July 1985 on inward processing relief arrangements (1),
HAS ADOPTED THIS REGULATION:
                                Article 1
Under   temporary  import  arrangements   containers, whether or not
loaded with goods, which do not satisfy the conditions laid down in
Articles 9 and 10 of the Treaty and which are intended to be subsequently
re-exported outside the customs territory of the Community, may be used
within that territory in accordance with the conditions laid down in
this Regulation, with total relief from import duties and with no prohibition
or restriction on import.
                                Article 2
For the purposes of this Regulation:
(a)   'container' shall mean an article of transport equipment (lift-van,
      movable tank, demountable body or other similar structure):
           fully or partially enclosed to constitute a compartment intended
           for containing goods,
           of a permanent character and accordingly strong enough to be
           suitable for repeated use,
           specially designed to facilitate the carriage of goods, by one
           or more modes of transport, without intermediate reloading,
(1)    0J No L 188, 20.7.1985, p. 1 .
                                                                              I,
 ---pagebreak---          designed for ready handling, particularly when being transferred
         from one mode of transport to another,
         designed to be easy to fill and to empty, and having an internal
         volume of one cubic metre or more.
    Platform flats shall be treated as containers.
    Moreover,  exceptions may be authorized in accordance with the
    procedure laid down in Article 15.   In accordance with the procedure,
    the definition of containers may be supplemented to take account of
    technical developments.
    The term 'container' shall include the accessories   and equipment
    of the container, appropriate for the type concerned, provided that
    such accessories and equipment are carried with the container. The term
    'container' shall not include vehicles, accessories or spare parts
    of vehicles, or packaging;
(b) 'import duties' shall mean the duties defined in Article 1(2)   of Council
    Regulation (EEC) No 3599/82 (1);
(c) 'customs authority1 shall mean any authority competent to apply
    customs rules, even if that authority is not part of the customs
    administration;
(d) 'internal traffic' shall mean the carriage of goods loaded in the
    customs territory of the Community for subsequent unloading in that
    territory.
                               Article 3
1.  The temporary   import  of  containers   approved for transport
    under customs seal or simply bearing marks shall be authorized
    without any formalities as soon as they are brought into the customs
    territory of the Community on behalf of their owners, their operators
    or the representatives of either of those.
(1) OJ No L 376, 31.12.1982, p. 1.
 ---pagebreak--- 2.   Containers other than those referred to in paragraph 1 shall be
     admitted for temporary   import   if   this  is  authorized   by the
     customs authority of the Member State in which the placing of the
     said containers under such arrangements is requested.
                                Article 4
The rules concering recognition of approval for the transport under
customs seal of containers admitted for temporary     import shall be
determined in accordance with the procedure laid down in Article 15.
                                Article 5
Containers placed under temporary    import   arrangements     may remain in
the customs territory of the Community for a maximum period of 12 months.
However, where particular circumstances so warrant, this period may be
extended in order to permit their authorized use.
                                Article 6
The conditions concerning the placing of the containers referred to in
Article 3(2) and the goods referred to in Article 10 under temporary
import   arrangements    shall be determined in accordance with the
procedure laid down in Article 15.
                                Article 7
The cases where and conditions under which the placing of the containers
referred to in Article 3(2) and the goods referred to in Article 10
under temporary   import  arrangements      is subject to the provision of
a security shall be determined in accordance with the procedure laid down
in Article 15.
                                Article 8
The customs authority shall take any supervision or control measures
necessary to ensure that this Regulation is implemented correctly by the
person benefiting from the arrangements or by the user of the container.
                                                                             ê
 ---pagebreak--- Containers placed under temporary   import  arrangements    may be used
in internal traffic before being re-exported from the customs territory
of the Community.  However, the containers may be used only once during
each stay in a Member State for transporting goods which are loaded
within the territory of that Member State and are intended to be unloaded
within the territory of the same Member State, where the containers
would otherwise have to make a journey unladen within the said Member
State.
                              Article 10
The customs authority shall admit for temporary import   any spare
parts, accessories and normal equipment for containers which are imported
separately from the containers for which they are intended.
                              Article 11
1.   Temporary  import   arrangements    shall be finally discharged when
     the container placed under them is exported outside the customs
     territory of the Community or placed with a view to subsequent
     export:
          in a free zone,
          under warehouse arrangements, or
          under inward processing arrangements with the system of suspension,
2.   In exceptional cases the customs authorities may finally discharge
     the temporary   import  arrangements    by allowing the container to
     be:
          released for free circulation,
          placed under arrangements for processing under customs control,
          destroyed under the supervision of the customs authoritiy
          (waste and scrap resulting from this destruction may itself be
          re-exported outside the customs territory of the Community or
          be dealt with in one of the other ways for which provision is
          made in this Article),
          abandoned to the Exchequer where national regulations provide
          for this possibility.
                                                                              --i.
 ---pagebreak---      Final discharge of the arrangements under the conditions referred
     to in the first subparagraph may take place either directly or
     after placing in a free zone or under one of the arrangements
     referred to in paragraph 1.
3.   Defective parts and spare parts removed from containers as a result
     of repair or maintenance must be dealt with in one of the ways
     provided for in paragraphs 1 and 2.
                               Article 12
The provisions of this Regulation shall not preclude prohibitions or
restrictions on imports, exports or goods in transit justified on
grounds of public morality, public policy or public security; the protection
of health and life of humans, animals or plants, the protection of
national treasures possessing artistic, historic or archaeological
value; or the protection of industrial and commercial property.
                               Article 13
Until such time as Community provisions are established in the field in
question, this Regulation shall not affect the application by the Member
States of reliefs in respect of armed forces stationed in the customs
territory of a Member State in accordance with Article 136 of CounciI
Regulation (EEC) No 918/83 of 28 March 1983 setting up a Community
system of reliefs from customs duty -CD.
                              Article 14
The Committee for Customs Procedures with Economic Impact may examine
any matter concerning the application of this Regulation raised by its
chairman either on his own initiative or at the request of the representative
of a Member State.
(1)  OJ No L 105, 23-4.1983, p. 1.
                                                                              %
 ---pagebreak---                               Article 15
The provisions necessary for the implementation of this Regulation shall
be adopted in accordance with the procedure provided for in Article 31
of Regulation (EEC) No 1999/85.
                              Article 16
All references to Regulation (EEC) No 2096/87 shall be construed
as referring to the present Regulation.
                              Article 17
This Regulation shall enter into force on
It shall apply six months after the entry into force of the implementing
provisions to be adopted in accordance with the procedure laid down in
Article 15.
This Regulation shall be binding in its entirety and directly applicable
in all Member States.
Done at Brussels,
                                             For the Council
                                                                         <?-
 ---pagebreak--- Commission of the European Communities
COM(89) 276 final
Proposal for a
COUNCIL REGULATION (EEC)
on the temporary import of containers
(submitted to the Council by the Commission)
 10.7.1989
Office for Official Publications of the European Communities
L - 2985 Luxembourg
Series: DOCUMENTS
 1989 - 9 pp. - Format: 21.0 * 29.7 cm
EN
ISSN 0254-1475
ISBN 92-77-51901-0
Catalogue number: CB-CO-89-299-EN-C
 ---pagebreak---                                           ISSN 0254-1475
COM(89) 276 final
DOCUMENTS
Proposal for a
COUNCIL REGULATION (EEC)
on the temporary import of containers
(submitted to the Council by the Commission)
02                                       10.7.1989
Catalogue number: CB-CO-89-299-EN-C
ISBN 92-77-51901-0
€
COMMISSION OF THE EUROPEAN COMMUNITIES