Commission Regulation (EEC) No 2290/83 of 29 July 1983 laying down provisions for the implementation of Articles 50 to 59 of Council Regulation (EEC) No 918/83 setting up a Community system of reliefs from customs duty
Modified by
Commission Regulation (EEC) No 1745/85of 26 June 1985amending Regulation (EEC) No 2290/83 laying down provisions for the implementation of Articles 50 to 59 of Council Regulation (EEC) No 918/83 setting up a Community system of reliefs from customs duty, 31985R1745, June 27, 1985
Actconcerning the conditions of accession of the Kingdom of Spain and the Portuguese Republic and the adjustments to the Treaties, 11985I, November 15, 1985
Commission Regulation (EEC) No 3399/85of 28 November 1985on adaptations of certain regulations concerning customs legislation following upon the accession of Spain and Portugal, 31985R3399, December 3, 1985
Commission Regulation (EEC) No 3893/88of 14 December 1988amending Regulation (EEC) No 2290/83 laying down provisions for the implementation of Articles 50 to 59 of Council Regulation (EEC) No 918/83 setting up a Community system of reliefs from customs duty, 31988R3893, December 15, 1988
Commission Regulation (EEC) No 1843/89of 26 June 1989amending Regulation (EEC) No 2290/83 laying down provisions for the implementation of Articles 50 to 59, 63a and 63b of Council Regulation (EEC) No 918/83 setting up a Community system of reliefs from customs duty, 31989R1843, June 27, 1989
Commission Regulation (EEC) No 734/92of 25 March 1992amending Regulation (EEC) No 2290/83 laying down provisions for the implementation of Articles 50 to 59b and Articles 63a and 63b of Council Regulation (EEC) No 918/83 setting up a Community system of reliefs from customs duty, 31992R0734, March 26, 1992
Actconcerning the conditions of accession of the Kingdom of Norway, the Republic of Austria, the Republic of Finland and the Kingdom of Sweden and the adjustments to the Treaties on which the European Union is founded(94/C 241/08)Decision of the Council of the European Unionof 1 January 1995adjusting the instruments concerning the accession of new Member States to the European Union(95/1/EC, Euratom, ECSC), 11994N31995D0001, August 29, 1994
Decision of the Council of the European Unionof 1 January 1995adjusting the instruments concerning the accession of new Member States to the European Union(95/1/EC, Euratom, ECSC), 31995D0001, January 1, 1995
Council Regulation (EC) No 1103/97of 17 June 1997on certain provisions relating to the introduction of the euro, 31997R1103, June 19, 1997
Actconcerning the conditions of accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic and the adjustments to the Treaties on which the European Union is founded, 12003T, September 23, 2003
Commission Regulation (EC) No 1792/2006of 23 October 2006adapting certain regulations and decisions in the fields of free movement of goods, freedom of movement of persons, competition policy, agriculture (veterinary and phytosanitary legislation), fisheries, transport policy, taxation, statistics, social policy and employment, environment, customs union, and external relations by reason of the accession of Bulgaria and Romania, 32006R1792, December 20, 2006
Commission Implementing Regulation (EU) No 1225/2011of 28 November 2011for the purposes of Articles 42 to 52, 57 and 58 of Council Regulation (EC) No 1186/2009 setting up a Community system of reliefs from customs duty(codification), 32011R1225, November 29, 2011
Commission Regulation (EEC) No 2290/83of 29 July 1983laying down provisions for the implementation of Articles 50 to 59b, 63a and 63b of Council Regulation (EEC) No 918/83 setting up a Community system of reliefs from customs dutyTHE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Economic Community,Having regard to Council Regulation (EEC) No 918/83 of 28 March 1983 setting up a Community system of reliefs from customs dutyOJ No L 105, 23. 4. 1983, p. 1., and in particular Article 143 thereof,Whereas Regulation (EEC) No 918/83 replaced, by its Articles 50 to 59, Council Regulation (EEC) No 1798/75 of 10 July 1975 on the importation free of Common Customs Tariff duties of educational, scientific and cultural materialsOJ No L 184, 15. 7. 1975, p. 1.; whereas it is therefore necessary to replace Commission Regulation (EEC) No 2784/79 of 12 December 1979 laying down provisions for the implementation of Regulation (EEC) No 1798/75OJ No L 318, 13. 12. 1979, p. 32. by a new Regulation laying down provisions for the implementation of Articles 50 to 59 of Regulation (EEC) No 918/83;Whereas the measures provided for in this Regulation are in accordance with the opinion of the Committee on Duty-Free Arrangements,HAS ADOPTED THIS REGULATION:
Article 1This Regulation lays down provisions for the implementation of Articles 50 to 59b, 63a and 63b of Regulation (EEC) No 918/83, hereinafter referred to as the "basic Regulation".TITLE IGENERAL PROVISIONSA.Obligations on the part of the establishment or organization to which the goods are consignedArticle 21.The admission free of import duties of educational, scientific and cultural materials referred to in Article 51, 52 (1) and 53 of the basic Regulation, hereinafter referred to as "goods", shall entail the following obligations on the part of the establishment or organization to which the goods are consigned:to dispatch the goods in question directly to the declared place of destination,to account for them in its inventory,to facilitate any verification which the competent authorities consider necessary in order to ensure that the conditions for granting admission free of import duties are satisfied, or remain satisfied.In addition, in the case of goods referred to in Articles 52 (1) and 53 and the basic Regulation, it shall entail the obligation on the part of the establishment or organization to which the goods are consigned to use the abovementioned goods exclusively for non-commercial purposes within the meaning of the second indent of Article 54 of the basic Regulation.2.The head of the establishment or organization to which the goods are consigned, or his authorized representative, shall furnish the competent authorities with a statement declaring that he is aware of the various obligations listed in paragraph 1 and including an undertaking to comply with them.The competent authorities may require that the statement referred to in the preceding subparagraph be produced for each import, or for several imports, or for all the imports to be carried out by the establishment or organization to which the goods are consigned.B.Provisions to be applied where the goods are lent, hired out or transferredArticle 31.Where the provisions of the first subparagraph of Article 57 (2) of the basic Regulation are applied, the establishment or organization to which goods are lent, hired out or transferred shall, from the date of receipt of the goods, comply with the same obligations as those set out in Article 2.2.Where the establishment or organization to which the goods are lent, hired out or transferred is situated in a Member State other than that in which the establishment that lent, hired out or transferred the goods is situated, upon the dispatch of such goods the competent customs office of the Member State of dispatch shall issue a control Copy T 5 in accordance with the rules laid down in Regulation (EEC) No 2823/87 in order to ensure that such goods are put to a use entitling them to continue to qualify for admission free of import duties."UNESCO-varer: Fortsat fritagelse betinget af overholdelse af artikel 57, stk. 2, første afsnit, i forordning (EOF) nr. 918/83";"UNESCO-Gegenstand: Weitergewährung der Zollbefreiung abhängig von der Voraussetzung des Artikels 57 Absatz 2 erster Unterabsatz der Verordnung (EWG) Nr. 918/83";"Αντικείμενο UNESCO: Διατήρηση της ατέλειας εξαρτώμενη από την τήρηση του άρθρου 57 παράγραφος 2 πρώτο εδάφιο του κανονισμού (ΕΟΚ) αριθ. 918/83";"UNESCO goods: continuation of relief subject to compliance with the first subparagraph of Article 57 (2) of Regulation (EEC) No 918/83";"Objet UNESCO: maintien de la franchise subordonné au respect de l'article 57 paragraphe 2 premier alinéa du règlement (CEE) no 918/83";"Oggetto UNESCO: è mantenuta la franchigia a condizione che venga rispettato l'articolo 57, paragrafo 2, primo comma del regolamento (CEE) n. 918/83";"UNESCO-voorwerp: handhaving van de vrijstelling is afhankelijk van de nakoming van artikel 57, lid 2, eerste alinea van Verordening (EEG) nr. 918/83";"Objeto UNESCO: se mantiene la franquicia subordinada al respeto del artículo 57, apartado 2, primer párrafo, del Reglamento (CEE) no 918/83";"Objectos UNESCO: é mantida a franquia desde que seja respeitado o no 2, primeiro parágrafo do artigo 57o do Regulamento (CEE) no 918/83";"UNESCO-tavarat: tullittomuus jatkuu, edellyttäen että asetuksen (ETY) N:o 918/83 57 artiklan2 kohdan 1 alakohdan ehtoja noudatetaanUNESCO-varor: Fortsatt tullfrihet under förutsättning att villkoren i artikel 57.2 första stycket i förordning (EEG) nr 918/83 uppfylls";"UNESCO-varor: Fortsatt tullfrihet under förutsättning att villkoren i artikel 57.2 första stycket iförordning (EEG) nr 918/83 uppfylls";"Zboží UNESCO: zachování osvobození za předpokladu splnění podmínek čl. 57 odst. 2 prvního pododstavce nařízení (EHS) č. 918/83";"UNESCO kaup: impordimaksudest vabastamise jätkamine vastavalt määruse (EMÜ) nr 918/83 artikli 57 (2) esimesele alapunktile";"UNESCO preces: atbrīvojuma turpmāka piemērošana atkarīga no atbilstības Regulas (EEK) Nr. 918/83 57. panta 2. punkta pirmajai daļai";"UNESCO prekės: atleidimo nuo muitų taikymo pratęsimas laikantis Reglamento (EEB) Nr. 918/83 57 straipsnio 2 dalies pirmosios pastraipos nuostatų";"UNESCO áruk: a vámmentesség fenntartása a 918/83/EGK rendelet 57. cikkének (2) bekezdésében foglalt feltételek teljesítése esetén";"Oġġetti tal-UNESCO: tkomplija ta' ħelsien mid-dazju suġġetta għal osservanza ta' l-ewwel subparagrafu ta' l-Artikolu 57 (2) tar-Regolament (KEE) Nru 918/83";"Towary UNESCO: kontynuacja zwolnienia z zastrzeżeniem zachowania warunków określonych w art. 57 ust. 2 akapit pierwszy rozporządzenia (EWG) nr 918/83";"Blago oproščeno plačila uvoznih dajatev (UNESCO). Izvajanje člena 57(2) uredbe (EGS) št. 918/83";"Tovar UNESCO: naďalej oslobodený, pokiaľ spĺňa podmienky ustanovené v článku 57 odseku 2 prvom pododseku nariadenia (EHS) č. 918/83","стоки на ЮНЕСКО: продължаването на митническите облекчения е съобразно условията на член 57, параграф 2, първа алинея на Регламент (ЕИО) № 918/83","articole UNESCO: menținerea scutirii este condiționată de respectarea prevederilor Articolului 57(2) primul paragraf din Regulamentul (CEE) Nr.918/83".3.The provisions of paragraphs 1 and 2 shall apply mutatis mutandis to the loan, hire or transfer of spare parts, components or specific accessories for scientific instruments or apparatus, and to tools for the maintenance, control, calibration or repair of scientific instruments or apparatus, which have been admitted free of import duties under Article 53 of the basic Regulation.TITLE IISPECIFIC PROVISIONS RELATING TO THE ADMISSION FREE OF IMPORT DUTIES OF EDUCATIONAL, SCIENTIFIC OR CULTURAL MATERIALS IN ACCORDANCE WITH ARTICLE 51 OF THE BASIC REGULATIONArticle 4In order to obtain admission free of import duties of goods in accordance with Article 51 of the basic Regulation, the head of the establishment or organization to which the goods are consigned, or his authorized representative, must submit an application to the competent authority of the Member State in which the establishment or organization is situated.Such application must be accompanied by all information which the competent authority considers necessary for the purpose of determining whether the conditions laid down for granting admission free of import duties are fulfilled.TITLE IIISPECIFIC PROVISIONS RELATING TO THE IMPORTATION FREE OF IMPORT DUTIES OF SCIENTIFIC INSTRUMENTS AND APPARATUS UNDER ARTICLES 52 AND 54 OF THE BASIC REGULATIONArticle 5For the purposes of the first indent of Article 54 of the basic Regulation, the objective technical characteristics of a scientific instrument or apparatus shall be understood to mean those characteristics resulting from the construction of that instrument or apparatus or from adjustments to a standard instrument or apparatus which make it possible to obtain high-level performances above those normally required for industrial or commercial use.Where is is not possible to establish clearly on the basics of its objective technical characteristics whether an instrument or apparatus is to be regarded as a scientific instrument or apparatus, reference shall be made to the use of the instrument or apparatus for which admission free of import duties is requested. If this examination shows that the instrument or apparatus in question is used for scientific purposes, it shall be deemed to be of a scientific nature.Article 61.In order to obtain admission free of import duties of a scientific instrument or apparatus under the provisions of Article 52 (1) of the basic Regulation, the head of the establishment or organization to which the goods are consigned, or his authorized representative, must submit an application to the competent authority of the Member State in which the establishment or organization is situated.2.The application referred to in paragraph 1 must contain the following information relating to the instrument or apparatus in question:(a)the precise trade description of the instrument or apparatus used by the manufacturer, its presumed combined nomenclature classification and the objective technical characteristics on the basis of which the instrument or apparatus is considered to be scientific;(b)the name or business name and address of the manufacturer and, if available, of the supplier;(c)the country of origin of the instrument or apparatus;(d)the place where the instrument or apparatus is to be used;(e)the precise use for which the instrument or apparatus is intended;(f)the price of the instrument or apparatus or its value for customs purposes;(g)the quantity of the instrument or apparatus in question.Documentary evidence providing all relevant information on the characteristics and technical specifications of the instrument or apparatus must be furnished with the application.Article 7The competent authority of the Member State in which is situated the establishment or organization to which the goods are consigned shall take a direct decision on applications under Article 6 in all cases.Article 8Authorizations for admission free of import duties shall be valid for a period of six months.The competent authorities may, however, set a longer period in the light of the particular circumstances of each case.TITLE IVSPECIFIC PROVISIONS RELATING TO THE ADMISSION FREE OF IMPORT DUTIES OF SCIENTIFIC INSTRUMENTS OR APPARATUS UNDER ARTICLE 56 OF THE BASIC REGULATIONArticle 91.In order to obtain admission free of import duties of scientific instruments or apparatus under the provisions of Article 56 of the basic Regulation, the head of the establishment or organization to which the goods are consigned or his authorized representative, must submit an application to the competent authority of the Member State in which the establishment or organization is situated.2.The application referred to in paragraph 1 must contain the information specified in Article 6 (2) (a) to (e) and must be accompanied by a document or documents giving all relevant information on the characteristics and technical specifications of the instrument or apparatus concerned.It must also include:(a)the name or business name and address of the donor;(b)a declaration by the applicant that the instruments or apparatus for which admission free of import duties is requested are in fact being offered to the establishment or organization concerned without a reciprocal commercial concession of any kind, in particular without any publicity being involved.Article 101.The competent authority of the Member State in which is situated the establishment or organization to which such goods are consigned shall take a direct decision on applications under Article 9.2.The competent authority shall authorize admission free of import duties of the instruments or apparatus under consideration only if it has been established that the donor is not deriving any direct or indirect commercial advantage from his gift to the establishment or organization to which the goods are consigned.3.Where the competent authority of the Member State in which is situated the establishment or organization to which the goods are consigned is unable to decide on the basis of information at its disposal whether or not the instrument or apparatus for which admission free of import duties has been requested should be regarded as scientific, the procedure laid down in Article 7 (2) to (7) shall apply.Article 11The provisions of Articles 9 and 10 shall apply mutatis mutandis to tools for the maintenance, control, calibration and repair of scientific instruments or apparatus which have been admitted free of import duties under Article 56 of the basic Regulation.TITLE VSPECIFIC PROVISIONS RELATING TO THE ADMISSION FREE OF IMPORT DUTIES OF SPARE PARTS, COMPONENTS, SPECIFIC ACCESSORIES AND TOOLS UNDER ARTICLE 53 OF THE BASIC REGULATIONArticle 12For the purpose of Article 53 (a) of the basic Regulation specific accessories means those articles specially designed for use with a specific scientific instrument or apparatus for the purpose of improving its performance and scope.Article 13In order to obtain admission free of import duties under Article 53 of the basic Regulation, either of spare parts, components or specific accessories, or of tools, the head of the establishment or organization to which the goods are consigned, or his authorized representative, must submit an application to the competent authority of the Member State in which the establishment or organization is situated.This application must be accompanied by all data deemed necessary by the competent authority for the purpose of determining whether the conditions laid down in Article 53 of the basic Regulation are fulfilled.Article 14The competent authority of the Member State in which is situated the establishment or organization to which the goods are consigned shall take a direct decision in respect of the application referred to in Article 13.Article 15The provisions of Article 8 shall apply to authorizations for admission free of import duties issued under Article S3 of the basic Regulation.TITLE VaSPECIAL PROVISIONS RELATING TO THE ADMISSION FREE OF IMPORT DUTIES OF MEDICAL INSTRUMENTS OR APPARATUS UNDER ARTICLES 63a AND 63b OF THE BASIC REGULATIONArticle 15a1.In order to obtain admission free of import duties of instruments or apparatus under Articles 63a and 63b of the basic Regulation, the head of the establishment or organization to which the goods are consigned, or his authorized representative, must submit an application to the competent authority of the Member State in which the establishment or organization is situated.2.The application referred to in paragraph 1 must contain the following information relating to the instrument or apparatus in question:(a)the precise trade description of the instrument or apparatus used by the manufacturer, and its presumed classification in the combined nomenclature;(b)the name or business name and address of the manufacturer and, if available, of the supplier;(c)the country of origin of the instrument or apparatus;(d)the place where the instrument or apparatus is to be used;(e)the use which the instrument or apparatus is to be put.3.In the case of a gift, the application shall also include:(a)the name of business name and address of the donor;(b)a declaration by the applicant to the effect that:(i)the donation of the instrument or apparatus in question does not conceal any commercial intent on the part of the donor;(ii)the donor is no way associated with the manufacturer of the instruments or apparatus whose duty-free admission is requested.Article 15b1.Where the competent authority of a Member State is considering granting duty-free admission of apparatus or instruments as defined in Article 63a of the basic Regulation, it shall consult the other Member States to ascertain whether equivalent apparatus or instruments are being manufactured in the Community.2.If no reply is received by the consulting authority within four months, it shall take the view that no instruments equivalent to that for which duty-free admission is requested are being manufactured in the Member States consulted.3.Where the four-month period proves insufficient for the authority consulted, that authority shall inform the consulting authority accordingly and at the same time state the period within which a final reply may be expected from it. Such period shall not, however, exceed a further two months.4.Where on completion of the consultation procedure provided for in paragraphs 1 to 3, the consulting authority finds that the conditions laid down in Article 63a (1) (a), (b) and (c) of the basic Regulation are met it shall grant the relief. Otherwise it shall refuse it.Article 15cThe competent authority of the Member State in which is situated the establishment or organization to which the goods are consigned shall take a direct decision on applications in all cases.Article 15dThe provisions of Articles 15a and 15c shall apply mutatis mutandis to spare parts, components, specific accessories and tools to be used for the maintenance, checking, calibration or repair of instruments of apparatus admitted duty-free pursuant to Article 63a (2) (a) and (b) of the basic Regulation.Article 15eThe provisions of Article 8 shall apply, mutatis mutandis.TITLE VICOMMUNICATION OF INFORMATION TO THE COMMISSION AND THE MEMBER STATESArticle 161.Each Member State shall send the Commission a list of the instruments, apparatus, spare parts, components, accessories and tools of which the price or the value for customs purposes exceeds ECU 5000 and in respect of which it has authorized or refused admission free of import duties under Articles 7, 14 or 15c.The list shall give the precise trade description of the goods referred to in the first subparagraph and the eight-figure combined nomenclature code. It shall also include the name of the manufacturer or manufacturers, the country or countries of origin and the price or customs value of the goods concerned.2.The lists referred to in paragraph 1 shall be sent during the first and third quarters of each year and shall contain particulars of those goods whose admission free of import duties has been authorized or refused during the preceding six months.3.The Commission shall forward these lists to the other Member States.Article 171.Each Member State shall also send the Commission a list of the instruments and apparatus for which it has authorized admission free of import duties under Article 10. The list shall contain the name or business name and address of the manufacturer, the exact trade descriptions of the goods in question, and their Common Customs Tariff heading or subheading as given in the application for admission free of import duties.2.The lists referred to in paragraph 1 shall be sent during the first and third quarters of each year and shall contain particulars of those goods whose admission free of import duties has been authorized during the preceding six months. However, Member States may forward this information for shorter periods.3.The Commission shall forward these lists to the other Member States.Article 18In order to ensure the uniform application of Community provisions, the lists referred to in Article 16 shall be examined periodically by the Committee on Duty Free Arrangements.TITLE VIaSPECIFIC PROVISIONS RELATING TO THE ADMISSION FREE OF IMPORT DUTIES OF EQUIPMENT UNDER ARTICLES 59a AND 59b OF THE BASIC REGULATIONArticle 18a1.In order to obtain admission free of import duties of equipment under Articles 59a and 59b of the basic Regulation, the head of the scientific research establishment or organization based outside the Community or his authorized representative shall submit an application to the competent authority of the Member State in which the scientific research establishment or organization based in the Community is situated.2.The application referred to in paragraph 1 shall contain the following information:(a)a copy of the scientific cooperation agreement between research establishments situated in the Community and in third countries;(b)the the precise trade description of the equipment as well as the quantity and value thereof and, where appropriate, its presumed classification in the combined nomenclature;(c)the country of origin and of consignment of the equipment;(d)the place where the equipment is to be used;(e)the use for which the equipment is intended and the duration of its use.Article 18b1.Where the competent authority of a Member State in which the establishment or organization based in the Community is situated receives an application for the admission free of import duties of equipment as defined by Article 59a of the basic Regulation, the application and related information shall be sent to the Commission so that it can be examined within the Committee on Duty-Free Arrangements before a decision is taken by the said competent authority.For the purposes of this examination, additional information shall be sent to the Commission on request.2.The competent authority referred to in paragraph 1 shall inform the Commission of the decision it has taken concerning admission free of import duties.Article 18cThe provisions of Article 8 shall apply mutatis mutandis.TITLE VIIFINAL PROVISIONSArticle 19Regulation (EEC) No 2784/79 is hereby repealed.Article 20This Regulation shall enter into force on 1 July 1984.This Regulation shall be binding in its entirety and directly applicable in all Member States.