9.3.2006 EN Official Journal of the European Union L 70/35
COMMISSION REGULATION (EC) No 402/2006
of 8 March 2006
amending Regulation (EEC) No 2454/93 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code
(Text with EEA relevance)
THE COMMISSION OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code (1), and in particular Article 247 thereof,
Whereas:
(1) In the light of experience gained since Commission Regulation (EC) No 89/97 of 20 January 1997 amending Regulation (EEC) No 2454/93 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code (2) entered into force, it is necessary to specify the methods to be used for determining the net weight of fresh bananas. These methods should include the weighing of fresh bananas, to establish their net weight, and the drawing up of banana weighing certificates attesting that weight, by economic operators authorised by customs authorities. The net weight of fresh bananas should be established for each consignment of fresh bananas delivered by any means of transport.
(2) To give sufficient time to Member States and economic operators to prepare for the authorisation of weighers, the measures concerning the weighing of fresh bananas and the drawing up of banana weighing certificates should apply from 1 June 2006.
(3) For imports of certain electronic circuits covered by Chapters 84 and 85 of the Combined Nomenclature, countervailing duties have been imposed by Council Regulation (EC) No 1480/2003 of 11 August 2003 imposing a definitive countervailing duty and collecting definitively the provisional duty imposed on imports of certain electronic microcircuits known as DRAMs (dynamic random access memories) originating in the Republic of Korea (3). With a view to ensuring the uniform application of these countervailing duties, it is necessary to have a specific rule of origin for the products covered by the said Regulation.
(4) Commission Regulation (EEC) No 2454/93 (4) should therefore be amended accordingly.
(5) The measures provided for by this Regulation are in accordance with the opinion of the Customs Code Committee,
Regulation (EEC) No 2454/93 is amended as follows:
1. after Article 290, the following text is inserted:
2. Article 290a is replaced by the following:
(a) “authorised weigher” means any economic operator authorised by a customs office for the purpose of weighing fresh bananas;
(b) “applicant's records” means any documents related to the weighing of fresh bananas;
(c) “net weight of fresh bananas” means the weight of the bananas themselves without packing materials and packing containers of any kind;
(d) “consignment of fresh bananas” means the consignment comprising the total quantity of fresh bananas loaded on a single means of transport and shipped by a single exporter to one or more consignees;
(e) “place of unloading” means any place where a consignment of fresh bananas can be unloaded or removed to under a customs procedure, or in the case of containerised traffic, where the container is offloaded from the ship, or aircraft, or other principal means of transport or where the container is unpacked.’;
3. the following Article 290b is inserted:
(a) the applicant offers all the necessary guarantees for the proper conduct of the weighing;
(b) the applicant has at his disposal appropriate weighing equipment;
(c) the applicant’s records enable the customs authorities to carry out effective checks.
4. the following Article 290c is inserted:
5. the following Article 290d is inserted:
6. Annex 11 is amended in accordance with Annex I to this Regulation.
7. Annex 38b is replaced by the text set out in Annex II to this Regulation.
8. Annex 38c is inserted in accordance with Annex III to this Regulation.
This Regulation shall enter into force on the seventh day following its publication in the Official Journal of the European Union.
However, points 4, 7 and 8 of Article 1 shall apply from 1 June 2006.
This Regulation shall be binding in its entirety and directly applicable in all Member States.