Commission Implementing Regulation (EU) 2019/1394 of 10 September 2019 amending and correcting Implementing Regulation (EU) 2015/2447 as regards certain rules on surveillance for release for free circulation and exit from the customs territory of the Union

Type Implementing Regulation
Publication 2019-09-11
State In force
Text As published
Department European Commission, TAXUD
Source EUR-Lex
articles 3

This is the act as published. Later amendments are not folded into the text below: each one is a separate act in this repository and an entry in this law's history.

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11.9.2019 EN Official Journal of the European Union L 234/1

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code 1, and in particular Articles 8, 58, 100, 132, 157, 161, 184, 193, 217, 232, 268 thereof,

Whereas:

HAS ADOPTED THIS REGULATION:

Article 1

Amendments to Implementing Regulation (EU) 2015/2447

Implementing Regulation (EU) 2015/2447 is amended as follows:

‘3.   The Commission shall only disclose the data referred in paragraph 1 provided by the customs authorities in aggregated form.’;

‘3a.   The Commission shall grant users authorised in accordance with Article 56(2) access to the non-aggregated data provided by the customs authorities of the Member State that requested their access and to data aggregated at Union level.

3b.   By derogation from paragraph 3a, the Commission shall grant access to the competent authorities of the Member States to the non-aggregated data where an act of the Union provides for such an access.’;

‘6.   By derogation from paragraph 1, until the date of deployment of the upgrading of the National Import Systems referred to in the Annex to Implementing Decision (EU) 2016/578, the list of data which may be required by the Commission for the purposes of surveillance at release for free circulation is laid down in Annex 21-02.

By derogation from paragraph 1, until the date of deployment of the upgrading of the National Export Systems referred to in the Annex to Implementing Decision (EU) 2016/578, the list of data which may be required by the Commission for the purposes of surveillance at export is laid down in Annex 21-02.’.

‘5.   Where goods for which the obligation to lodge an entry summary declaration is waived in accordance with Article 104(1)(c) to (k), (m) and (n), (2), (3) and (4) of Commission Delegated Regulation (EU) 2015/2446 are brought into the customs territory of the Union, the risk analysis shall be carried out upon presentation of the goods where available on the basis of the temporary storage declaration or the customs declaration covering those goods.’.

‘3.   The certification required in accordance with paragraph 1 may be provided by any relevant forms or documents other than on a printout of a fishing logbook including a reference to that fishing logbook.’.

‘3.   Where the supervising customs office has requested, in accordance with the third sub-paragraph of Article 182(3) of the Code, that goods be presented to customs because the customs authorities have identified a new serious financial risk or another specific situation in relation to an authorisation to lodge a customs declaration in the form of an entry in the declarant's records with waiver of the obligation to present the goods, the supervising customs office shall indicate to the holder of such authorisation:

  • (a) the specific period of time during which to present to customs the goods covered by those situations,
  • (b) the obligation to enter the date of notification of presentation in the records, and
  • (c) the obligation to comply with points (b) to (e) and (g) of paragraph 1.

In these situations, the release of the goods shall take place in accordance with Article 194 of the Code.’.

  • ‘(c) the goods are carried by sea and a reference to the accompanying bill of lading is mentioned in an electronic transport document used as customs declaration to place goods under the Union transit procedure, as referred to in Article 233(4)(e) of the Code.’.

‘3.   Where the customs authority of a Member State involved in a transit operation obtains evidence, before the time-limit referred to in Article 77(a) of Delegated Regulation (EU) 2015/2446 expires, that the place where the events from which the customs debt arises occurred is in its territory, that authority shall immediately and in any event within that time-limit send a duly justified request to the customs authority of the Member State of departure to transfer the responsibility to start the recovery to the requesting customs authority.

  1. The customs authority of the Member State of departure shall acknowledge the receipt of the request made in accordance with paragraph 3 and shall inform the requesting customs authority, within 28 days from the date on which the request was sent, whether it agrees to satisfy the request and to transfer to the requesting authority the responsibility to start the recovery.’.
  • ‘(e) the delivery of main processed products for which the erga omnes import duty rate is “free” or for which an authorised release certificate EASA Form 1 or an equivalent certificate as referred to in Article 2 of Council Regulation (EU) 2018/581[^ntr*1-L_2019234EN.01000101-E0008] has been issued;.

[^ntr*1-L_2019234EN.01000101-E0008]: Council Regulation (EU) 2018/581 of 16 April 2018 temporarily suspending the autonomous Common Customs Tariff duties on certain goods of a kind to be incorporated in or used for aircraft, and repealing Regulation (EC) No 1147/2002 (OJ L 98, 18.4.2018, p.1).’."

  • (8) Article 329 is amended as follows:
  • (a) paragraphs 3 and 4 are replaced by the following:

‘3.   Where the goods are loaded in a seaport onto a vessel that is not assigned to a regular shipping service as referred to in Article 120 of Delegated Regulation (EU) 2015/2446 for carriage to a destination outside the customs territory of the Union, the customs office of exit shall be the customs office competent for the place where the goods are loaded onto such vessel.

  1. Where paragraph 3 does not apply and the goods are loaded onto a vessel or onto an aircraft without any subsequent transhipment for carriage to a destination outside the customs territory of the Union by sea or air, the customs office of exit shall be the customs office competent for the place where the goods are loaded onto such vessel or aircraft.’;

‘7a.   From the date of deployment of the Automated Export System (AES) referred to in the Annex to Implementing Decision (EU) 2016/578 at the latest, paragraphs 6 and 7 shall not apply in cases where Union goods falling within a category listed in Article 1(1) of Directive 2008/118/EC are exported.

From the date of deployment of the Automated Export System (AES) referred to in the Annex to Implementing Decision (EU) 2016/578 at the latest, paragraph 7 shall not apply in cases where non-Union goods are re-exported.’.

‘The obligation laid down in the first subparagraph shall not apply insofar as that information is available to the customs authorities through existing commercial, port or transport information systems, or in the situation covered by Article 329(7).’.

‘4.   Where goods covered by one export or re-export declaration are moved to a customs office of exit and subsequently leave the customs territory of the Union as more than one consignment due to unforeseen circumstances, the customs office of exit shall inform the customs office of export of the exit of the goods only once all the goods have left the customs territory of the Union.

  1. In unforeseen circumstances, where goods covered by one export or re-export declaration are moved to a customs office of exit and subsequently leave the customs territory of the Union through more than one customs office of exit, any of the persons referred to in Article 267(2) of the Code may request the customs office of exit where the goods were first presented to inform the other customs office(s) of exit from where part of the goods will leave the customs territory of the Union. Each customs office of exit shall supervise the physical exit of the goods which leave the customs territory of the Union from that office. The subsequent customs office(s) of exit shall inform the first customs office of exit about those goods which have left the customs territory of Union from those offices. The first customs office of exit and the subsequent customs office(s) of exit shall exchange that information in agreement with each other, and outside the Automated Export System referred to in the Annex to Implementing Decision (EU) 2016/578. The first customs office of exit shall inform the customs office of export when all the goods have left the customs territory of the Union.’;

‘7.   By derogation from points (b) and (c) of the second subparagraph of paragraph 2 of this Article, until the dates of deployment of the Automated Export System referred to in the Annex to Implementing Decision (EU) 2016/578, in the cases referred to in Article 329(5) and 329(6) of this Regulation, the time-limit for the customs office of exit to inform the customs office of export of the exit of the goods shall be the first working day following the day on which the goods are placed under that transit procedure or the goods leave the customs territory of the union or the transit procedure is discharged.’;

‘3.   Where, in the cases referred to in Article 329(5), (6) and (7), a modification in the transport contract has the effect of terminating inside the customs territory of the Union a transport operation which should have terminated outside, the companies or authorities in question shall inform the customs office of exit of that modification and may only carry out the modified contract with the prior agreement of that customs office.’;

‘3a.   From the date of deployment of the Automated Export System (AES) referred to in the Annex to Implementing Decision (EU) 2016/578 at the latest, in the cases referred to in paragraphs 2 and 3, the customs office of exit shall inform the customs office of export that the goods were not taken out of the customs territory of the Union.’.

‘3/40 Additional fiscal references identification no Same as data element order number 3/40’
‘3/40 Additional fiscal references identification no Same as data element order number 3/40 44 – an ..40
4/4 Calculation of taxes – Tax base8 Same as data element order number 4/4 47 – an ..6 + n ..16,6

Article 2

Corrections to Implementing Regulation (EU) 2015/2447

In Annex 33-07 to Implementing Regulation (EU) 2015/2447, in box 2, the words ‘[Delegated Regulation (EU) 2015/…]’ are replaced by the words ‘[Delegated Regulation (EU) 2015/2446]’.

Article 3

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

Points 14 and 15 of Article 1 shall apply from 1 January 2020.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 10 September 2019.

For the Commission

The President

Jean-Claude JUNCKER

2

Council Regulation (EU) No 904/2010 of 7 October 2010 on administrative cooperation and combating fraud in the field of value added tax (OJ L 268, 12.10.2010, p. 1).

3

Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax (OJ L 347, 11.12.2006, p. 1).

4

Regulation (EU) 2019/632 of the European Parliament and of the Council of 17 April 2019 amending Regulation (EU) No 952/2013 to prolong the transitional use of means other than the electronic data-processing techniques provided for in the Union Customs Code (OJ L 111, 25.4.2019, p. 54).

5

Commission Implementing Decision (EU) 2016/578 of 11 April 2016 establishing the Work Programme relating to the development and deployment of the electronic systems provided for in the Union Customs Code (OJ L 99, 15.4.2016, p. 6).

6

Commission Delegated Regulation (EU) 2015/2446 of 28 July 2015 supplementing Regulation (EU) No 952/2013 of the European Parliament and of the Council as regards detailed rules concerning certain provisions of the Union Customs Code (OJ L 343, 29.12.2015, p. 1).

7

Council Regulation (EU) 2018/581 of 16 April 2018 temporarily suspending the autonomous Common Customs Tariff duties on certain goods of a kind to be incorporated in or used for aircraft, and repealing Regulation (EC) No 1147/2002 (OJ L 98, 18.4.2018, p. 1).

8

When Union code entered for (Calculation of taxes – Tax Type) is B00.’.

ANNEX I

Annex A to Implementing Regulation (EU) 2015/2447 is amended as follows:

‘Simplifications and facilitations already granted, security and safety certificates issued on the basis of international conventions, of an International Standard of the International Organisation for Standardisation, or of a European Standard of a European Standardisation body or certificates granting a status equivalent to that of an AEO issued in third countries and recognised in an agreement’;

‘Deadline for submitting the supplementary declaration’

‘the processing into products to be incorporated in or used for aircraft for which an authorised release certificate EASA Form 1 or an equivalent certificate has been issued,’.

ANNEX II

Annex B to Implementing Regulation (EU) 2015/2447 is amended as follows:

‘Previous document type: an..3 +

Previous document reference: an..35 +

Goods item identifier: n..5 +

Type of packages: an..2

Number of packages: n..8

Measurement unit and qualifier, if applicable: an..4 +

Quantity: n..16,6’;

‘The measurement units and qualifiers defined in TARIC shall be used. In such case, the format of the measurement units and qualifiers shall be an..4, but shall never be n..4 formats, reserved for national measurement units and qualifiers.

If no such measurement units and qualifiers are available in TARIC, national measurement units and qualifiers may be used. Their format shall be n..4.’

‘99x’;

‘ Document type (Union codes): a1+ an3 + (if applicable)

Document identifier: an..35

OR

Document type (national codes): n1+an3 + (if applicable)

Document identifier: an..35

  • (if applicable) Issuing authority name: an..70 +

Date of validity: n8 (yyyymmdd) +

Measurement unit and qualifier, if applicable: an..4 +

Quantity: n..16,6 +

Currency code: a3 +

Amount: n..16,2’;

‘The measurement units and qualifiers defined in TARIC shall be used. In such case, the format of the measurement units and qualifiers shall be an..4, but shall never be n..4 formats, reserved for national measurement units and qualifiers.

If no such measurement units and qualifiers are available in TARIC, national measurement units and qualifiers may be used. Their format shall be n..4.

The ISO-alpha-3 currency codes (ISO 4217) shall be used for the currency.’;

‘99x’;

‘3/45 Person providing a guarantee identification no an..17 N 1x The EORI number shall follow the structure defined in Title II for D.E. 3/2 Exporter identification no.
3/46 Person paying the customs duty identification no an..17 N 1x The EORI number shall follow the structure defined in Title II for D.E. 3/2 Exporter identification no.’;
‘5/31 Date of acceptance n8 (yyyymmdd) N 1x 1x’;

‘an..3’;

‘UPU code-list 130 shall be used’;

‘TIR Goods moved under a TIR operation’;
‘N All goods which are not falling under the situations described under codes T2L and T2LF’;

‘Release for free circulation of goods simultaneously redispatched in the context of trade between parts of the customs territory of the Union in which the provisions of Directive 2006/112/EC or Directive 2008/118/EC are applicable and parts of that territory in which those provisions do not apply, or in the context of trade between the parts of that territory where those provisions do not apply

Example: Non-Union goods arriving from a third country, released for free circulation in France and sent on to the Channel Islands.’;

‘Export of Union goods to a third country, but also dispatch of Union goods to parts of the customs territory of the Union to which the provisions of Directive 2006/112/EC or Directive 2008/118/EC do not apply.’;

between rows H6 and I1, the following row is inserted:

‘H7 Customs declaration for release for free circulation in respect of a consignment which benefits from relief from import duty in accordance with Article 23(1) or Article 25(1) of Regulation (EC) No 1186/2009. 4 000 ’;
‘Destruction of goods under inward processing A10 ’;

‘Personal property imported by natural persons transferring their normal place of residence to the customs territory of the Union’;

‘Personal property entered for free circulation by a natural person having intention to establish his normal place of residence in the customs territory of the Union (duty-free admission subject to an undertaking)’;

‘Trousseaux and household effects imported on the occasion of a marriage entered for free circulation not earlier than two months before the wedding (duty relief subject to lodging of appropriate guarantee)’;

‘Presents customarily given on the occasion of a marriage entered for free circulation not earlier than two months before the wedding (duty relief subject to lodging of appropriate guarantee)’;

‘Materials for the construction, upkeep, or ornamentation of memorials to, or cemeteries for, war victims’;

‘Pallets (including pallet spare parts, accessories and equipment)’;

‘Containers (including container spare parts, accessories and equipment)’;

‘Goods, subject to satisfactory acceptance tests, provided for in a sales contract’;

‘Goods other than newly manufactured ones imported with a view to their sale by auction’;

‘Temporary admission with partial relief from import duty’;

‘Import under the special scheme for distance sales of goods imported from third countries and territories set out in Title XII Chapter 6 Section 4 of Directive 2006/112/EC. F48
Import under the special arrangements for declaration and payment of import VAT set out in Title XII Chapter 7 of Directive 2006/112/EC. F49 ’;
‘Title II of Annex B to Delegated Regulation (EU) 2015/2446 Identity between declarant and importer ‘Importer’ 00500 ’;
‘Article 176(1)(c) and Article 241(1) first subparagraph of Delegated Regulation (EU) 2015/2446 Discharge of inward processing ‘IP’ and the relevant authorisation number or INF number’ 00700
Article 241(1) second subparagraph of Delegated Regulation (EU) 2015/2446 Discharge of inward processing (specific commercial policy measures) ‘IP CPM’ 00800
Article 238 of Delegated Regulation (EU) 2015/2446 Discharge of temporary admission ‘TA’ and the relevant authorisation number 00900 ’;
‘Article 18 of the ‘common transit procedure’ (*) Export from one common transit country subject to restriction or export from the Union subject to restriction 20100
Article 18 of the ‘common transit procedure’ (*) Export from one common transit country subject to duties or export from the Union subject to duties 20200 ’;

‘Person liable for the payment of Value Added Tax on the intra-Union acquisition of goods in accordance with Article 200 of Directive 2006/112/EC’;

‘FR5 Vendor (IOSS) Taxable person making use of the special scheme for distance sales of goods imported from third countries and territories set out in Title XII Chapter 6 Section 4 of Directive 2006/112/EC and holder of the VAT identification number referred to in Article 369q therein.
FR7 Taxable person or of the person liable for payment of VAT VAT identification number of the taxable person or of the person liable for payment of VAT where the payment of VAT is postponed in accordance with Article 211 second subparagraph of Directive 2006/112/EC.’;

‘Temporary suspension for products imported with an authorised release certificate EASA Form 1 or an equivalent certificate’;

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