Commission Regulation (EEC) No 1535/77 of 4 July 1977 determining the conditions under which certain goods are eligible upon importation for a favourable tariff arrangement by reason of their end-use

• Published date: 09 July 1977
• Subject Matter: Common customs tariff,Harmonisation of customs law: Community transit
• Official Gazette Publication: Official Journal of the European Communities, L 171, 9 July 1977,Diario Oficial de las Comunidades Europeas #Edición especial 1985#02 Unión aduanera y libre circulación de mercancías#Volumen 04,Gazzetta ufficiale delle Comunità europee, L 171, 9 luglio 1977,Journal officiel des Communautés européennes, L 171, 9 juillet 1977

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Commission Regulation (EEC) No 1535/77 of 4 July 1977 determining the conditions under which certain goods are eligible upon importation for a favourable tariff arrangement by reason of their end-use

Official Journal L 171 , 09/07/1977 P. 0001 - 0012
Greek special edition: Chapter 02 Volume 4 P. 0046
Spanish special edition: Chapter 02 Volume 4 P. 0048
Portuguese special edition Chapter 02 Volume 4 P. 0048

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( 1 ) OJ NO L 14 , 21 . 1 . 1969 , P . 1 .

( 2 ) OJ NO L 40 , 11 . 2 . 1977 , P . 1 .

( 3 ) OJ NO L 172 , 22 . 7 . 1968 , P . 1 .

( 4 ) OJ NO L 134 , 28 . 5 . 1977 , P . 4 .

( 5 ) OJ NO L 38 , 9 . 2 . 1977 , P . 20 .

( 1 ) OJ NO L 38 , 9 . 2 . 1977 , P . 1 .

( 2 ) DATE REFERRED TO IN PARAGRAPH 5 OF THIS ARTICLE .

I

( ACTS WHOSE PUBLICATION IS OBLIGATORY )

COMMISSION REGULATION ( EEC ) NO 1535/77

OF 4 JULY 1977

DETERMINING THE CONDITIONS UNDER WHICH CERTAIN GOODS ARE ELIGIBLE UPON IMPORTATION FOR A FAVOURABLE TARIFF ARRANGEMENT BY REASON OF THEIR END-USE

THE COMMISSION OF THE EUROPEAN

COMMUNITIES ,

HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ,

HAVING REGARD TO COUNCIL REGULATION ( EEC ) NO 97/69 OF 16 JANUARY 1969 ON MEASURES TO BE TAKEN FOR THE UNIFORM APPLICATION OF THE NOMENCLATURE OF THE COMMON CUSTOMS TARIFF ( 1 ), AS LAST AMENDED BY REGULATION ( EEC ) NO 280/77 ( 2 ), AND IN PARTICULAR ARTICLES 3 AND 4 THEREOF ,

WHEREAS CERTAIN PROVISIONS OF COUNCIL REGULATION ( EEC ) NO 950/68 OF 28 JUNE 1968 ON THE COMMON CUSTOMS TARIFF ( 3 ), AS LAST AMENDED BY REGULATION ( EEC ) NO 1111/77 ( 4 ), AND OTHER COMMUNITY PROVISIONS , SUCH AS THOSE WHICH RELATE TO TARIFF SUSPENSIONS OR QUOTAS , TO THE COMMON AGRICULTURAL POLICY OR TO THE APPLICATION OF INTERNATIONAL AGREEMENTS CONCLUDED BY THE EUROPEAN COMMUNITIES , MAKE THE ELIGIBILITY OF GOODS FOR A FAVOURABLE TARIFF ARRANGEMENT UPON IMPORTATION , BY REASON OF THEIR END-USE , SUBJECT TO CONDITIONS ;

WHEREAS A STUDY IN DEPTH UNDERTAKEN WITH THE MEMBER STATES HAS REVEALED THAT , AT PRESENT , SUCH CONDITIONS TAKE THE FORM , IN THE MAIN , OF A SERIES OF ADMINISTRATIVE FORMALITIES AND CONTROLS WHICH , INSTITUTED UNTIL NOW AT THE NATIONAL LEVEL , CAN DIFFER CONSIDERABLY AS BETWEEN MEMBER STATES ;

WHEREAS THIS SITUATION IS LIABLE TO GIVE RISE TO DISPARITIES IN THE APPLICATION OF THE COMMON CUSTOMS TARIFF AND TO DEFLECTIONS OF TRADE AND ECONOMIC ACTIVITY ; WHEREAS , IN THE INTERESTS OF ALL CONCERNED AND IN ORDER TO LIGHTEN AS FAR AS POSSIBLE THE BURDEN FALLING ON NATIONAL ADMINISTRATIONS , THERE SHOULD BE ESTABLISHED A COMMUNITY CONTROL PROCEDURE FOR THE END-USE OF GOODS ;

WHEREAS , IN ACCORDANCE WITH EXISTING PRACTICE , IT IS NECESSARY TO PROVIDE THAT THE GOODS CAN BE TRANSFERRED WITHIN THE COMMUNITY ; WHEREAS IT IS MOREOVER APPROPRIATE THAT , HAVING REGARD TO THE OBJECTIVES OF THIS REGULATION , THERE SHOULD BE PROVISION THAT , WHEN CONSIGNED FROM ONE MEMBER STATE TO ANOTHER , THE GOODS SHOULD BE ACCOMPANIED , AS FAR AS THE COMPETENT CUSTOMS OFFICE IN THE MEMBER STATE OF DESTINATION WHERE THE CUSTOMS FORMALITIES ARE CARRIED OUT WHICH ENABLE THE TRANSFEREE TO TAKE CHARGE OF THE GOODS , BY THE CONTROL COPY T 5 PROVIDED FOR IN COMMISSION REGULATION ( EEC ) NO 223/77 OF 22 DECEMBER 1976 ON PROVISIONS FOR THE IMPLEMENTATION OF THE COMMUNITY TRANSIT PROCEDURE AND FOR CERTAIN SIMPLIFICATIONS OF THAT PROCEDURE ( 5 );

WHEREAS , IN VIEW OF THE TARIFF BENEFIT ATTACHING TO THE PARTICULAR END-USE CONCERNED , IMPORTERS ARE NORMALLY IN A POSITION TO PUT THE GOODS INTO FREE CIRCULATION IN FULL KNOWLEDGE OF THE CIRCUMSTANCES ; WHEREAS THE DECLARATION THAT THE GOODS WILL BE PUT TO THE PRESCRIBED END-USE MUST , IN PRINCIPLE , BE OF AN IRREVERSIBLE NATURE ; WHEREAS , HOWEVER , WHERE FOR REASONS RELATING EITHER TO THE CIRCUMSTANCES OF THE HOLDER OF THE AUTHORIZATION OR TO THE GOODS THEMSELVES IT IS IMPOSSIBLE FOR THE GOODS TO BE PUT TO THE PRESCRIBED END-USE , PROVISION SHOULD BE MADE FOR SUCH GOODS TO BE ADMITTED FOR NORMAL HOME USE OR EXPORTED OUTSIDE COMMUNITY CUSTOMS TERRITORY OR DESTROYED UNDER CUSTOMS SUPERVISION ;

WHEREAS THE MEASURES PROVIDED FOR IN THIS REGULATION ARE IN ACCORDANCE WITH THE OPINION OF THE COMMITTEE ON COMMON CUSTOMS TARIFF NOMENCLATURE ,

HAS ADOPTED THIS REGULATION :

ARTICLE 1

THIS REGULATION SHALL DETERMINE THE CONDITIONS TO BE APPLIED TO GOODS PUT INTO FREE CIRCULATION UNDER A FAVOURABLE TARIFF ARRANGEMENT BY REASON OF THEIR END-USE .

HOWEVER , THIS REGULATION SHALL NOT APPLY TO THE GOODS LISTED IN THE ANNEX HERETO .

ARTICLE 2

FOR THE PURPOSES OF THIS REGULATION , ' AMOUNT OF UNCOLLECTED IMPORT DUTIES ' SHALL MEAN THE DIFFERENCE BETWEEN , ON THE ONE HAND , THE AMOUNT OF IMPORT DUTIES WHICH RESULT FROM THE APPLICATION OF THE FAVOURABLE TARIFF ARRANGEMENT REFERRED TO IN ARTICLE 1 AND , ON THE OTHER HAND , THE AMOUNT OF IMPORT DUTIES WHICH WOULD BE DUE IF THAT ARRANGEMENT DID NOT APPLY . THE OPERATIVE DATE FOR DETERMINING THE AMOUNT OF UNCOLLECTED IMPORT DUTIES SHALL BE THE DATE OF ACCEPTANCE BY THE COMPETENT AUTHORITIES OF THE ENTRY FOR RELEASE OF THE GOODS INTO FREE CIRCULATION .

FOR THE PURPOSES OF THIS ARTICLE , ' IMPORT DUTIES ' SHALL INCLUDE CUSTOMS DUTIES AND CHARGES HAVING EQUIVALENT EFFECT , AGRICULTURAL LEVIES AND OTHER IMPORT CHARGES PROVIDED FOR UNDER THE COMMON AGRICULTURAL POLICY OR UNDER THE SPECIFIC ARRANGEMENTS APPLICABLE , IN PURSUANCE OF ARTICLE 235 OF THE TREATY , TO CERTAIN GOODS RESULTING FROM THE PROCESSING OF AGRICULTURAL PRODUCTS .

ARTICLE 3

1 . THE BENEFIT OF THE TARIFF ARRANGEMENT REFERRED TO IN ARTICLE 1 SHALL BE CONDITIONAL UPON THE GRANTING BY THE COMPETENT AUTHORITIES OF THE MEMBER STATE IN WHICH THE GOODS ARE DECLARED FOR ENTRY INTO FREE CIRCULATION OF A WRITTEN AUTHORIZATION TO THE PERSON IMPORTING THOSE GOODS INTO FREE CIRCULATION OR HAVING THEM SO IMPORTED .

2 . WITHOUT PREJUDICE TO THE PROVISIONS OF THE FOLLOWING ARTICLES , THE GRANTING OF THE AUTHORIZATION PROVIDED FOR IN PARAGRAPH 1 SHALL IMPOSE AN OBLIGATION TO :

( A ) PUT THE GOODS TO THE PRESCRIBED END-USE ;

( B ) PAY THE AMOUNT OF UNCOLLECTED IMPORT DUTIES IF THE GOODS ARE NOT PUT TO THE PRESCRIBED END-USE ;

( C ) KEEP RECORDS SUCH AS TO ENABLE THE COMPETENT AUTHORITIES TO CARRY OUT ANY CHECKS WHICH THEY CONSIDER NECESSARY TO ENSURE THAT THE GOODS ARE PUT TO THE PRESCRIBED END-USE , AND TO PRESERVE SUCH RECORDS FOR SUCH PERIOD AS IS REQUIRED UNDER THE RELEVANT PROVISIONS IN FORCE ;

( D ) PERMIT INSPECTION OF THE RECORDS PROVIDED FOR IN SUBPARAGRAPH ( C ); AND

( E ) SUBMIT TO ANY OTHER MEASURE OF CONTROL WHICH THE COMPETENT AUTHORITIES MAY DEEM APPROPRIATE TO CHECK THE ACTUAL USE OF THE GOODS AND PROVIDE ANY INFORMATION REQUIRED FOR THAT PURPOSE .

3 . THE...