CELEX: 51990PC0198
Language: en
Date: 1990-05-08
Title: RE-EXAMINED PROPOSAL FOR A COUNCIL REGULATION ( EEC ) ON INFORMATION GIVEN BY THE CUSTOMS AUTHORITIES OF THE MEMBER STATES ON THE CLASSIFICATION OF GOODS IN THE CUSTOMS NOMENCLATURE

12. 6. 90                                   Official Journal of the European Communities                                      No C 142/3
                                                                          II
                                                                (Preparatory Acts)
                                                       COMMISSION
             Re-examined proposal for a Council Regulation (EEC) on information given by the customs
             authorities of the Member States on the classification of goods in the customs nomenclature (')
                                                     COM(90) 198 final — SYN 20
              (Submitted by the Commission pursuant to Article 149 2 (d) of the EEC Treaty on 11 May 1990)
                                                                  (90/C 142/04)
             (') OJ No C 256, 8. 10. 1981, p. 7.
             COMMON POSITION OF THE COUNCIL                                                        RE-EXAMINED PROPOSAL
                         P r e a m b l e a n d r e c i t a l s u n c h a n g e d from t h e c o m m o n p o s i t i o n
                                    A r t i c l e 1 u n c h a n g e d from t h e c o m m o n p o s i t i o n
                         Article 2                                                                         Article 2
                                 P a r a g r a p h 1 u n c h a n g e d from t h e c o m m o n p o s i t i o n
                                                                                                    Amendment No 2
2.    Tariff information shall be provided to the                               2.   Tariff information shall be provided to the
applicant free of charge. However, where expenditure is                         applicant free of charge. However, where expenditure is
incurred by the customs authority, such expenditure may                         incurred as a result of analysing, or obtaining an expert's
be charged to the applicant.                                                    report on any samples sent to the customs authority and
                                                                                returning them to the applicant, such expenditure may be
                                                                                charged to the latter.
                                    A r t i c l e 3 u n c h a n g e d from t h e c o m m o n p o s i t i o n
 ---pagebreak---  No C 142/4                                       Official Journal of the European Communities                                    12. 6. 90
              COMMON POSITION OF THE COUNCIL                                                        RE-EXAMINED PROPOSAL
                               Article 4                                                                      Article 4
                                P a r a g r a p h s 1 and 2 u n c h a n g e d from t h e c o m m o n p o s i t i o n
                                                                                                     Amendment No 5
 3.     The customs authority in each Member State may                           3.    An application for binding tariff information shall
 limit the number of goods which may be covered by a                             relate to only one type of goods. The customs authority
 single application. It may refuse applications which                            may refuse applications which clearly seem unwarranted,
 clearly seem unwarranted.
                               Article 5                                                                      Article 5
                                      P a r a g r a p h 1 u n c h a n g e d from t h e c o m m o n p o s i t i o n
                                                                                                     Amendment No 6
 2.    The competent administration in each Member                               2.    Deleted.
 State may also stipulate that applications for binding
 tariff information shall indicate the customs office or
 offices at which the customs formalities relating to the
 goods in question are expected to be carried out.
                P a r a g r a p h s 3 and 4 u n c h a n g e d from t h e c o m m o n p o s i t i o n (They now become
                                                                 paragraphs 2 and 3)
                                  A r t i c l e s 6 a n d 7 u n c h a n g e d from t h e c o m m o n p o s i t i o n .
                              Article 8                                                                      Article 8
                                      P a r a g r a p h 1 u n c h a n g e d from t h e c o m m o n p o s i t i o n
                                                                                                     Amendment No 7
2.     Where the competent administration of the                                2.     Deleted
Member State in which the binding tariff information is
to be used requires the applicant to indicate the customs
office or offices in which he intends to complete the
customs formalities relating to the goods in question,
those offices must be indicated in the binding tariff
information. In the absence of such requirement, the
binding tariff information may be used in any customs
office of the Member State in which it was supplied
which is empowered to complete the customs formalities
relating to the goods in question.
 ---pagebreak---   12.6.90                                     Official Journal of the European Communities                                No C 142/5
              COMMON POSITION OF THE COUNCIL                                                       RE-EXAMINED PROPOSAL
                                     A r t i c l e 9 u n c h a n g e d from t h e c o m m o n p o s i t i o n
                          Article 10                                                                       Article 10
                                                                                                   Amendment No 8-1
 1.   Binding tariff information may be invoked only by                      1.     Binding tariff information may be invoked only by
 the holder thereof, subject to any provisions applicable to                 the holder thereof (12 words deleted) or his successors
 the person making the customs declaration.                                  or an agent acting on the holder's behalf in accordance
                                                                             with the provisions of Council Regulation (EEC) No
                                                                             3632/85 defining the conditions under which a person
                                                                             may be permitted to make a customs declaration.
                           P a r a g r a p h s 2 and 3 u n c h a n g e d from t h e c o m m o n p o s i t i o n
                                   A r t i c l e 11 u n c h a n g e d from t h e c o m m o n p o s i t i o n
                         Article 12                                                                       Article 12
                                                                                                    Amendment No 9
Where binding tariff information indicates the customs                      Article deleted
office or offices at which it may be used, it shall be
binding on the administration only where the customs
formalities relating to the goods in question are
completed at one of those offices.
The customs authority which provided the binding tariff
information may, however, authorize its use at other
customs offices, on condition that prior application
therefore is made by the holder.
                                         A r t i c l e s 13 to 20 b e c o m e A r t i c l e s 12 to 19