Commission Regulation (EC) No 883/2005Show full title

Article 1 U.K.

Regulation (EEC) No 2454/93 is amended as follows:

1.

in the third paragraph of Article 62, the 20th indent is replaced by the following:

• ‘Vyhotovené dodatočne’;

2.

in Article 113(3), the 20th indent is replaced by the following:

• ‘VYHOTOVENÉ DODATOČNE’;

3.

in Article 314c(3), the 20th indent is replaced by the following:

• ‘Vyhotovené dodatočne’;

4.

in Article 324d(2), the 20th indent is replaced by the following:

• ‘Oslobodenie od podpisu’;

5.

in the third subparagraph of Article 357(4), the 20th indent is replaced by the following:

• ‘Oslobodenie’;

6.

in the second subparagraph of Article 361(4), the 20th indent is replaced by the following:

• ‘Nezrovnalosti: úrad, ktorému bol tovar dodaný (názov a krajina)’;

7.

in Article 387(2), the 20th indent is replaced by the following:

• ‘Oslobodenie od predpísanej trasy’;

8.

in Article 403(2), the 20th indent is replaced by the following:

• ‘Oslobodenie od podpisu’;

9.

in Article 451(1), ‘/Istanbul Convention’ is inserted after ‘ATA Convention’;

10.

the following Articles 454a, 454b and 454c are inserted:

‘Article 454a

1. Following an application by the consignee, the customs authorities may grant him the status of authorised consignee, thereby authorising him to receive at his premises or at any other specified place goods transported under the TIR procedure.

2. The authorisation referred to in paragraph 1 shall be granted only to persons who:

(a) are established in the Community;

(b) regularly receive goods that have been entered for the TIR procedure, or whose customs authorities know that they can meet the obligations under that procedure;

(c) have not committed any serious or repeated offences against customs or tax legislation.

Article 373(2) shall apply mutatis mutandis.

The authorisation shall apply solely in the Member State where the authorisation was granted.

The authorisation shall apply only to TIR operations that have as the final place of unloading the premises specified in the authorisation.

3. Articles 374 and 375, Article 376(1) and (2), and Articles 377 and 378 shall apply mutatis mutandis to the procedure relating to the application referred to in paragraph 1.

4. Article 407 shall apply mutatis mutandis with respect to the procedure laid down in the authorisation referred to in paragraph 1.

Article 454b

1. In respect of goods arriving at his premises or at the place specified in the authorisation referred to in Article 454a, the authorised consignee shall comply with the following obligations, in accordance with the procedure laid down in the authorisation:

(a) inform the customs authorities at the office of destination of the arrival of the goods;

(b) immediately inform the customs authorities at the office of destination of any broken seals, and of any other irregularities such as excess quantities, deficits, or substitutions;

(c) without delay, enter the results of the unloading into his records;

(d) without delay, present to the customs authorities at the office of destination an advice indicating the particulars and condition of any seals affixed and the date of the entry into the records.

2. The authorised consignee shall ensure that the TIR Carnet is presented, without delay, to the customs authorities at the office of destination.

3. The customs authorities at the office of destination shall make the necessary endorsements on the TIR Carnet and, in accordance with the procedure laid down in the authorisation, shall ensure that the TIR Carnet is returned to the TIR carnet holder or to the person acting on his behalf.

4. The date of termination of the TIR operation shall be the date of the entry into the records referred to in point (c) of paragraph 1. However, in the cases referred to in point (b) of paragraph 1, the date of termination of the TIR operation shall be the date of the endorsement of the TIR Carnet.

5. At the request of the TIR carnet holder, the authorised consignee shall issue a receipt, the form of which shall correspond to a copy of the advice referred to in point (d) of paragraph 1. The receipt shall not be used as proof of the termination of the TIR operation within the meaning of Article 454c(2).

Article 454c

1. The TIR carnet holder shall have fulfilled his obligations under point (o) of Article 1 of the TIR Convention when the TIR carnet together with the road vehicle, the combination of vehicles or the container and the goods have been delivered intact to the authorised consignee at his premises or at the place specified in the authorisation.

2. The termination of the TIR operation, within the meaning of point (d) of Article 1 of the TIR Convention, shall have occurred when the requirements of Article 454b(1) and (2) have been met.’;

11.

in Article 457c(1), the words ‘or the Istanbul Convention’ are inserted after ‘ATA Convention’;

12.

Article 457d is amended as follows:

(a)

in paragraph 1, ‘or in Article 8(4) of Annex A to the Istanbul Convention’ is added;

(b)

in paragraph 2, ‘or in Article 9(1)(a) and (b) of Annex A to the Istanbul Convention’ is added;

(c)

in point (c) of paragraph 3, ‘or in Article 10 of Annex A to the Istanbul Convention’ is added;

13.

in Article 459(1), ‘or the Istanbul Convention’ is inserted after ‘ATA Convention’;

14.

Article 461 is amended as follows:

(a)

in the first sentence of the second subparagraph of paragraph 2, ‘or of the Istanbul Convention’ is added;

(b)

in the first sentence of paragraph 4, ‘or Article 9(1)(b) and (c) of Annex A to the Istanbul Convention’ is added.

15.

in Article 580(3), ‘Articles 454, 455’ is replaced by ‘Articles 457c, 457d’;

16.

in Article 591, the second subparagraph is replaced by the following:

‘Customs authorities shall refuse the calculation of partial relief from import duties under this provision if before the compensating products are released for free circulation it is established that the sole object of the release for free circulation at a zero duty rate of the temporary export goods, which are not of Community origin within the meaning of Title II, Chapter 2, Section 1, of the Code, was to benefit from partial relief under this provision.’;

17.

in Article 843(2), the 16th and 17th indents are replaced by the following:

• ‘A kilépés a Közösség területéről a … rendelet/irányelv/határozat szerinti korlátozás vagy teher megfizetésének kötelezettsége alá esik

• Ħruġ mill-Komunita` suġġett għall-restrizzjonijiet jew ħlasijiet taħt Regola/Direttiva/Deċiżjoni Nru …’;

18.

in the fourth subparagraph of Article 912e(2), the 20th indent is replaced by the following:

• ‘(počet) vyhotovených výpisov – kópie priložené’;

19.

in the second subparagraph of Article 912f(1), the 16th and 20th indents are respectively replaced by the following:

• Kiadva visszamenőleges hatállyal’

• Vyhotovené dodatočne’;

20.

in point (c) of Article 912g(2), the 20th indent is replaced by the following:

‘Oslobodenie od podpisu – článok 912g nariadenia (EHS) č. 2454/93’;

21.

Annex 37, as amended by Regulation (EC) No 444/2002, is amended in accordance with Annex IA to this Regulation;

22.

Annex 37, in the version introduced by Regulation (EC) No 2286/2003, is amended in accordance with Annex IB to this Regulation;

23.

in Title II of Annex 37a, the particulars for box 31 are amended in accordance with point 1 of Annex II to this Regulation;

24.

in Title II of Annex 37a, the particulars for boxes 50 and 52 are amended in accordance with points 2, 3 and 4 of Annex II to this Regulation;

25.

Annex 37c is amended in accordance with Annex III to this Regulation;

26.

in Annex 38, as amended by Regulation (EC) No 881/2003, a text for box 31 is inserted in accordance with point A(1) of Annex IV to this Regulation;

27.

in Title II of Annex 38, in the version introduced by Regulation (EC) No 2286/2003, the text for box 31 is amended in accordance with point B(1) of Annex IV to this Regulation;

28.

in Annex 38, as amended by Regulation (EC) No 881/2003, the text of the applicable codes for box 52 is amended in accordance with point A(2) of Annex IV to this Regulation;

29.

in Title II of Annex 38, in the version introduced by Regulation (EC) No 2286/2003, the text of the applicable codes for box 52 is amended in accordance with point B(2) of Annex IV to this Regulation;

30.

in point 2.2 of Annex 47a, the 20th indent is replaced by the following:

‘ZÁKAZ CELKOVEJ ZÁRUKY’;

31.

Annex 59 is replaced by the text set out in Annex V to this Regulation;

32.

in the general remarks relating to Heading 16, in the ‘Provisions governing the information to be entered on the taxation form’ in Annex 60, ‘/Article 8 of Annex A to the Istanbul Convention’ is inserted after ‘ATA Convention’;

33.

Annex 61 is replaced by the text set out in Annex VI to this Regulation;

34.

Annex 72 is amended in accordance with Annex VII to this Regulation.