Commission Implementing Regulation (EU) No 1159/2012 of 7 December 2012 amending Regulation (EEC) No 2454/93 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code

8.12.2012 EN Official Journal of the European Union L 336/1
COMMISSION IMPLEMENTING REGULATION (EU) No 1159/2012
of 7 December 2012
amending Regulation (EEC) No 2454/93 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code
THE EUROPEAN COMMISSION
,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code (1) (the Code), and in particular Article 247 thereof,
Whereas:
(1) Commission Regulation (EEC) No 2454/93 (2) lays down the conditions under which the Community status of goods which have been brought into a Member State from another Member State may be established. However, currently that Regulation does not provide for the possibility to establish the Community status of goods which have been moved from one point in a Member State through the territory of a third country on to another point in the same Member State. Regulation (EEC) No 2454/93 should therefore be amended to provide for that possibility.
(2) Commission Implementing Regulation (EU) No 756/2012 (3) amended Annex 38 of Regulation (EEC) No 2454/93 containing a list of packaging codes based on Recommendation No 21 of the United Nations Economic Commission for Europe. The packaging codes format as indicated in Box 31 of Annex 38 has changed from alphabetic2 (a2) to alphanumeric2 (an2). The code of the Type/Length of the kind of packages of Annex 37a should therefore be amended accordingly.
(3) The Republic of Croatia acceded to the Convention of 20 May 1987 between the European Economic Community, the Republic of Austria, the Republic of Finland, the Republic of Iceland, the Kingdom of Norway, the Kingdom of Sweden and the Swiss Confederation, on a common transit procedure (4) (the Convention) as a contracting party on 1 July 2012. By Decision No 3/2012 of the EU-EFTA Joint Committee on common transit of 26 June 2012 (5) the Convention was amended in order to adapt the guarantee documents for common transit in view of Croatia’s accession to the Convention. The corresponding guarantee documents for Community transit provided for in Regulation (EEC) No 2454/93 should be adapted accordingly.
(4) Since it has been a requirement under Decision No 3/2012 to use the guarantee documents adapted to the accession of Croatia since 1 July 2012, the corresponding guarantee documents required by Regulation (EEC) No 2454/93 should also be adapted with effect from that date. However, rules should be laid down in order to allow the use of guarantee documents in compliance with the specimen applicable prior to 1 July 2012 for a transitional period, subject to the necessary adaptations.
(5) Regulation (EEC) No 2454/93 should therefore be amended accordingly.
(6) The measures provided for in this Regulation are in accordance with the opinion of the Customs Code Committee,