26.2.2014 EN Official Journal of the European Union L 56/1
COMMISSION IMPLEMENTING REGULATION (EU) No 174/2014
of 25 February 2014
on amending Regulation (EEC) No 2454/93 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code as regards the identification of persons in the context of AEO Mutual Recognition Agreements
(Text with EEA relevance)
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), and in particular Article 247 thereof,
Whereas:
(1) The Union recognises the trade partnership programmes of certain third countries that have been developed in accordance with the World Customs Organisation Framework of Standards to Secure and Facilitate Global Trade. Consequently, the Union grants facilitations to those economic operators of a third country who hold a membership status under a trade partnership programme of that third country’s customs authorities.
(2) Commission Implementing Regulation (EU) No 58/2013 amending Commission Regulation (EEC) No 2454/93 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code (2) introduced the means to identify in entry summary declarations a consignor’s membership status under trade partnership programmes.
(3) It is necessary to extend the obligation to provide an identification number in order to improve risk analysis by identifying the carrier in the coded form in the entry summary declaration.
(4) In order to provide relevant facilitations to persons other than the consignor declared in an entry or exit summary declaration or in a customs declaration replacing it, it is necessary to adapt Annexes 30a, 37 and 38 to Regulation (EEC) No 2454/93 (3) to allow for an indication of those person’s third country unique identification number which has been made available to the Union by the third country concerned. That number can be indicated instead of the EORI number of the person concerned.
(5) Clarifications should be made with respect to the use of name and address or code numbers to identify parties in Annex 30a.
(6) Regulation (EEC) No 2454/93 should therefore be amended accordingly.
(7) The measures provided for in this Regulation are in accordance with the opinion of the Customs Code Committee,
Regulation (EEC) No 2454/93 is amended as follows:
(1) the following points are added to Article 4l(3):
‘(f) he acts as a carrier as referred to in Article 181b where sea, inland waterway or air transport is concerned unless he is assigned a third country unique identification number which has been made available in the framework of a third country traders’ partnership programme which is recognised by the Union; this applies without prejudice to point (b);
(g) he acts as a carrier who is connected to the customs system and he wishes to receive any of notifications laid down in Article 183(6) and (8) or in Article 184d(2).’;
(2) Annex 30a is amended as set out in Annex I to this Regulation;
(3) Annex 37 is amended as set out in Annex II to this Regulation;
(4) Annex 38 is amended as set out in Annex III to this Regulation.
This Regulation shall enter into force on 1 December 2014.
This Regulation shall be binding in its entirety and directly applicable in all Member States.