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Commission Delegated Regulation (EU) 2016/341Show full title

Commission Delegated Regulation (EU) 2016/341 of 17 December 2015 supplementing Regulation (EU) No 952/2013 of the European Parliament and of the Council as regards transitional rules for certain provisions of the Union Customs Code where the relevant electronic systems are not yet operational and amending Delegated Regulation (EU) 2015/2446

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Box 37: Procedure U.K.
A. First subdivision U.K.

The codes to be entered in this subdivision are four-digit codes, composed of a two-digit code representing the procedure requested, followed by a second two-digit code representing the previous procedure. The list of two-digit codes is given below.

‘Previous procedure’ means the procedure under which the goods were placed before being placed under the procedure requested.

It should be noted that where the previous procedure is a warehousing procedure or temporary admission, or where the goods have come from a free zone, the relevant code should be used only where the goods have not been placed under a special procedure (inward processing, outward processing).

For example: re-export of goods imported under the customs inward processing procedure and subsequently placed under the customs warehousing procedure = 3151 (not 3171). (First operation = 5100; second operation = 7151: re-export = 3151).

Similarly, where goods previously temporarily exported are re-imported, placing under one of the abovementioned suspensive procedures is to be regarded as simple importation under that procedure. Indication of the ‘re-importation’ aspect is to be given only when the goods are released for free circulation.

For example: entry for home use with simultaneous entry for free circulation of goods exported under the customs outward processing procedure and placed under a customs warehousing procedure on re-importation = 6121 (not 6171). (First operation: temporary export for outward processing = 2100; second operation: storage in customs warehouse = 7121; third operation: entry for home use + entry for free circulation = 6121).

The codes marked in the list below with the letter (a) cannot be used as the first two digits of the procedure code, but only to indicate the previous procedure.

For example: 4054 = entry for free circulation and home use of goods previously placed under the inward processing in another Member State.

List of procedures for coding purposes

Two of these basic elements must be combined to produce a four-digit code.

00.

This code is used to indicate that there is no previous procedure (a)

01.

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 are applicable and parts of that territory in which these provisions do not apply, or in the context of trade between the parts of that territory where these provisions do not apply.

Free circulation of goods simultaneously redispatched in the context of trade between the Union and the countries with which it has formed a customs union.

Example: Goods arriving from a third country, released for free circulation in France and sent on to the Channel Islands.

02.

Free circulation of goods with a view to applying the inward processing procedure (drawback system). (a)

Explanation: Inward processing (drawback system) in accordance with Article 256 of the Code.

07.

Free circulation with simultaneous placing of goods under a warehousing procedure other than a customs warehousing procedure.

Explanation: This code is to be used where the goods are released for free circulation but where VAT and possibly excise duties have not been paid.U.K.

Examples: Imported machines are released for free circulation but VAT has not been paid. While the goods are placed in a tax warehouse or approved area, payment of the VAT is suspended.U.K.

Imported cigarettes are released for free circulation but VAT and excise duties have not been paid. While the goods are stored in a tax warehouse or approved area, payment of the VAT and excise duties is suspended.

10.

Permanent export.

Example: Normal export of Union goods to a third country, but also export of Union goods to parts of the customs territory of the Union to which the provisions of Council Directive 2006/112/EC do not apply (OJ L 347, 11.12.2006, p. 1).

11.

Export of compensating products obtained from equivalent goods under the inward processing procedure before entering import goods for the procedure.

Explanation: Prior export (EX-IM) in accordance with Article 223(2)(c) of the Code.U.K.

Example: Export of cigarettes manufactured from Union tobacco leaves before placing of tobacco leaves from a third country under the inward processing procedure.U.K.

21.

Temporary export under the outward processing procedure.

Example: Explanation: Outward processing procedure under Article 259 to 262 of the Code. See also code 22.

22.

Temporary export other than that referred to under code 21.

Example: The simultaneous application to textile products of the outward processing procedure and the economic outward processing procedure (Council Regulation (EC) No 3036/94).

23.

Temporary export for return in the unaltered state.

Example: Temporary export for exhibitions of articles such as samples, professional equipment, etc.

31.

Re-export.

Explanation: Re-export of non-Union goods following a suspensive arrangement.U.K.

Example: Goods are placed under a customs warehousing procedure and subsequently declared for re-export.U.K.

40.

Simultaneous release for free circulation and home use of goods which are not the subject of a VAT-exempt supply.

Example: Goods coming from a third country with payment of the customs duties and VAT.

41.

Simultaneous release for free circulation and home use of goods placed under the inward processing procedure (drawback system). (a)

Example: Inward processing procedure with payment of customs duties and national taxes on import.

42.

Simultaneous release for free circulation and home use of goods which are the subject of a VAT-exempt supply to another Member State and, when applicable, an excise duty suspension.

Explanation: Exemption from payment of VAT and, where applicable, the excise duty suspension, is granted because the import is followed by an intra-Union supply or transfer of the goods to another Member State. In that case, the VAT and, where applicable, the excise duty will be due in the Member State of final destination. In order to use this procedure, the persons must meet the conditions listed in Article 143(2) of Directive 2006/112/EC and, where applicable, the conditions listed in Article 17(1)(b) of Directive 2008/118/EC.U.K.

Example 1: Import of goods with exemption from VAT through a tax representative.U.K.

Example 2: Excise goods imported from a third country, which are released for free circulation and are the subject of a VAT-exempt supply to another Member State. The release for free circulation is immediately followed by a movement under excise duty suspension from the place of importation initiated by a registered consignor in accordance with Article 17(1)(b) of Directive 2008/118/EC.U.K.

43.

Simultaneous release for free circulation and home use of goods subject to specific measures connected with the collection of an amount during the transitional period following the accession of new Member States.

Example: Release for free circulation of agricultural products subject, during a special transitional period following the accession of new Member States, to a special customs procedure or special measures between the new Member States and the rest of the Union of the kind applied in their time to ES and PT.

45.

Release of goods for free circulation and home use for either VAT or excise duties and their placing under the tax warehouse procedure.

Explanation: VAT or excise exemption by placing the goods under a fiscal warehouse procedure.U.K.

Examples: Cigarettes imported from a third country are released for free circulation and VAT has been paid. While the goods are in the tax warehouse or approved area, the payment of excise duties is suspended.U.K.

Cigarettes imported from a third country are released for free circulation and excise duties are paid. While the goods are in the tax warehouse or approved area the payment of VAT is suspended.

48.

Entry for home use with simultaneous release for free circulation of replacement goods under the customs outward processing procedure prior to the export of the temporary export goods.

Explanation: Standard exchange system (IM-EX), prior importation in accordance with Article 262(1) of the Code.

49.

Entry for home use of Union goods in the context of trade between parts of the customs territory of the Union in which the provisions of Directive 2006/112/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 these provisions do not apply.

Entry for home use of goods in the context of trade between the Union and the countries with which it has formed a customs union.

Explanation: Import with entry for home use of goods from parts of the Union to which the Directive 2006/112/EC does not apply. The use of the customs declaration is laid down in Article 134 of Delegated Regulation (EU) 2015/2446.U.K.

Examples: Goods arriving from Martinique and entered for home use in Belgium.U.K.

Goods coming from Andorra and entered for home use in Germany.

51.

Inward processing procedure.

Explanation: Inward processing in accordance with Article 256 of the Code.

53.

Import under temporary admission procedure.

Example: Temporary admission, e.g. for an exhibition.

54.

Inward processing in another Member State (without their being released for free circulation in that Member State). (a)

Explanation: This code is used to record the operation for the purposes of statistics on intra-Union trade.

Example: Goods from a third country are placed under inward processing in Belgium (5100). After undergoing inward processing, they are dispatched to Germany for release for free circulation (4054) or further processing (5154).

61.

Re-importation with simultaneous release for free circulation and home use of goods which are not the subject of a VAT-exempt supply.

63.

Reimportation with simultaneous release for free circulation and home use of goods which are the subject of a VAT-exempt supply to another Member State and, when applicable, an excise duty suspension.

Explanation: Exemption from payment of VAT and, where applicable, the excise duty suspension, is granted because the reimportation is followed by an intra-Union supply or transfer of the goods to another Member State. In such a case, the VAT and, where applicable, the excise duty, will be due in the Member State of final destination. In order to use this procedure, the persons must meet the conditions listed in Article 143(2) of Directive 2006/112/EC and, where applicable, the conditions listed in Article 17(1)(b) of Directive 2008/118/EC.U.K.

Example 1: Reimportation after outward processing or temporary export, with any VAT debt being charged to a tax representative.U.K.

Example 2: Excise goods reimported after outward processing and released for free circulation, which are the subject of a VAT-exempt supply to another Member State. The release for free circulation is immediately followed by a movement under excise duty suspension from the place of reimportation initiated by a registered consignor in accordance with Article 17(1)(b) of Directive 2008/118/EC.U.K.

68.

Re-importation with partial entry for home use and simultaneous entry for free circulation and placing of goods under a warehousing procedure other than a customs warehousing procedure.

Example: Processed alcoholic beverages are re-imported and placed in an excise warehouse.

71.

Placing of goods under the customs warehousing procedure.

Explanation: Placing of goods under the customs warehousing procedure. This in no way precludes the simultaneous placement of goods in, say, an excise or VAT warehouse.

76.

Placing of goods under the customs warehousing procedure in order to obtain payment of special export refunds prior to exportation.

Example: Boned meat of adult male bovine animals placed under the customs warehousing procedure prior to export (Article 4 of Commission Regulation (EC) No 1741/2006 of 24 November 2006 laying down the conditions for granting the special export refund on boned meat of adult male bovine animals placed under the customs warehousing procedure prior to export(2)).

77.

Manufacturing of goods under supervision by the customs authorities and under customs control (within the meaning of Article 5(27) of the Code prior to exportation and payment of export refunds.

Example: Preserved beef and veal products manufactured under supervision by the customs authorities and under customs control prior to export (Articles 2 and 3 of Commission Regulation (EC) No 1731/2006 of 23 November 2006 on special detailed rules for the application of export refunds in the case of certain preserved beef and veal products(3)).

78.

Entry of goods for a free zone (a)

91.

Placing of goods under processing under customs control. (a)

92.

Processing under customs control in another Member State (without release for free circulation in that Member State). (a)

Explanation: This code is used to record the operation for the purposes of statistics on intra-Union trade.U.K.

Example: Goods from a third country were processed under customs control in Belgium (9100). After undergoing processing, they are dispatched to Germany for release for free circulation (4092).U.K.

B. Second subdivision U.K.
1.Where this box is used to specify a Union procedure, a code composed of an alphabetic character followed by two alpha-numeric characters must be used, the first character of which identifies a category of measures in the following manner:U.K.
Inward processingAxx
Outward processingBxx
ReliefCxx
Temporary admissionDxx
Agricultural productsExx
OtherFxx
Inward processing (IP)

Article 256 of the Code

ProcedureCode
Import
Goods entered for an IP procedure after prior export of processed products obtained from milk and milk productsA01
Goods placed under an IP procedure and intended for military use abroadA02
Goods placed under an IP procedure and intended for re-export to the continental shelfA03
Goods placed under an IP procedure (VAT only)A04
Goods placed under an IP procedure (VAT only) and intended for re-export to the continental shelfA05
Goods which are placed under an IP procedure without suspension of excise duties.A08
Export
Processed products obtained from milk and milk productsA51
Processed products placed under an IP procedure (VAT only)A52
Processed products placed under an IP procedure and intended for military use abroadA53
Outward processing (OP)

Article 259 of the Code

ProcedureCode
Import
Processed products returning to the Member State in which duties were paidB01
Processed products returning after repair under guaranteeB02
Processed products returning after replacement under guaranteeB03
Processed products returning after outward processing and VAT suspension in case of end-use.B04
Prior import of processed products under outward processing.B07
Export
Goods imported for IP exported for repair under OPB51
Goods imported for IP exported for replacement under guaranteeB52
OP under agreements with third countries, possibly combined with VAT OPB53
VAT OP onlyB54
Relief

(Regulation (EC) No 1186/2009)

Article NoCode
Relief from import duties
Personal property belonging to natural persons transferring their normal place of residence to the Union3C01
Trousseaux and household effects imported on the occasion of a marriage12(1)C02
Presents customarily given on the occasion of a marriage12(2)C03
Personal property acquired by inheritance17C04
School outfits, educational materials and related household effects21C06
Consignments of negligible value23C07
Consignments sent from one private individual to another25C08
Capital goods and other equipment imported on the transfer of activities from a third country into the Union28C09
Capital goods and other equipment belonging to persons engaged in a liberal profession and to legal persons engaged in a non-profit making activity34C10
Educational, scientific and cultural materials; scientific instruments and apparatus as listed in Annex I42C11
Educational, scientific and cultural materials; scientific instruments and apparatus as listed in Annex II43C12
Educational, scientific and cultural materials; scientific instruments and apparatus imported exclusively for non commercial purposes (including spare parts, components, accessories and tools)44-45C13
Equipment imported for non-commercial purposes by or on behalf of a scientific research establishment or organisation based outside the Union51C14
Laboratory animals and biological or chemical substances intended for research53C15
Therapeutic substances of human origin and blood-grouping and tissue-typing reagents54C16
Instruments and apparatus used in medical research, establishing medical diagnoses or carrying out medical treatment57C17
Reference substances for the quality control of medicinal products59C18
Pharmaceutical products used at international sports events60C19
Goods for charitable or philanthropic organisations61C20
Articles in Annex III intended for the blind66C21
Articles in Annex IV intended for the blind imported by blind persons themselves for their own use (including spare parts, components, accessories and tools)67(1)(a) and 67(2)C22
Articles in Annex IV intended for the blind imported by certain institutions or organisations (including spare parts, components, accessories and tools)67(1)(b) and 67(2)C23
Articles in Annex IV intended for the other handicapped persons (other than blind persons) imported by handicapped persons themselves for their own use (including spare parts, components, accessories and tools)68(1)(a) and 68(2)C24
Articles in Annex IV intended for the other handicapped persons (other than blind persons) imported by certain institutions or organisations (including spare parts, components, accessories and tools68(1)(b) and 68(2)C25
Goods imported for the benefit of disaster victims74C26
Honorary decorations or awards81C27
Presents received in the context of international relations82C28
Goods to be used by monarchs or heads of state85C29
Samples of goods of negligible value imported for trade promotion purposes86C30
Printed matter and advertising material imported for trade promotion purposes87-89C31
Products used or consumed at a trade fair or similar event90C32
Goods imported for examination, analysis or test purposes95C33
Consignments sent to organisations protecting copyrights or industrial and commercial patent rights102C34
Tourist information literature103C35
Miscellaneous documents and articles104C36
Ancillary materials for the stowage and protection of goods during their transport105C37
Litter, fodder and feeding stuffs for animals during their transport106C38
Fuel and lubricants present in land motor vehicles and special containers107C39
Materials for cemeteries for, and memorials to, war victims112C40
Coffins, funerary urns and ornamental funerary articles113C41
Relief from export duties
Domesticated animals exported at the time of transfer of agricultural activities from the Union to a third country115C51
Fodder and feeding stuffs accompanying animals during their exportation121C52
Temporary admission
ProcedureArticle of Delegated Regulation (EU) 2015/2446Code
Pallets208 and 209D01
Containers210 and 211D02
Means of transport212D03
Personal effects and goods for sports purposes imported by travellers219D04
Welfare material for seafarers220D05
Disaster relief material221D06
Medical, surgical and laboratory equipment222D07
Animals223D08
Goods intended for activities in keeping with the particularities of the frontier zone224D09
Sound, image or data carrying media225D10
Publicity material225D11
Professional equipment226D12
Pedagogic material and scientific equipment227D13
Packings, full228D14
Packings, empty228D15
Moulds, dies, blocks, drawings, sketches, measuring, checking and testing instruments and other similar articles229D16
Special tools and instruments230D17
Goods to be subjected to tests231(a)D18
Goods imported, subject to satisfactory acceptance tests, in connection with a sales contract231(b)D19
Goods used to carry out tests231(c)D20
Samples232D21
Replacement means of production233D22
Goods to be exhibited or used at a public event234(1)D23
Goods for approval (six months)234(2)D24
Works of art, collectors' items and antiques234(3)(a)D25
Goods imported with a view to their sale by auction234(3)(b)D26
Spare parts, accessories and equipment235D27
Goods imported in particular situations having no economic effect236(b)D28
Goods imported occasionally and for a period not exceeding three months236(a)D29
Temporary admission with partial relief from duties206D51
Agricultural products
ProcedureCode
Import
Use of the unit price for the determination of the customs value for certain perishable goods (Article 74(2)(c) of the Code and Article 142(6) of Implementing Regulation (EU) 2015/2447E01
Standard import values (for example: Regulation (EU) No 543/2011)E02
Export
Agricultural products for which a refund is requested, subject to an export certificate (Annex I goods).E51
Agricultural products for which a refund is requested, not requiring an export certificate (Annex I goods)E52
Agricultural products for which a refund is requested, exported in small quantities, not requiring an export certificate (Annex I goods).E53
Agricultural products for which a refund is requested, subject to a refund certificate (non-Annex I goods).E61
Agricultural products for which a refund is requested, not requiring a refund certificate (non-Annex I goods)E62
Agricultural products for which a refund is requested, exported in small quantities, without a refund certificate (non-Annex I goods)E63
Agricultural products for which a refund is requested, exported in small quantities disregarded for the calculation of minimum rates of checks.E71
Other
ProcedureCode
Import
Relief from import duties for returned goods (Article 203 of the Code)F01
Relief from import duties for returned goods (Special circumstances provided for in article 159 of Delegated Regulation (EU) 2015/2446: agriculture goods)F02
Relief from import duties for returned goods (Special circumstances provided for in article 158(3) of Delegated Regulation (EU) 2015/2446: repair or restoration)F03
Processed products which return to the Union after having been previously exported or re-exported Article 205(1) of the CodeF04
A movement of excise goods under an excise duty suspension arrangement from the place of importation in accordance with Article 17(1)(b) of directive 2008/118/EC.F06
Exemption from import duties of products of sea-fishing and other products taken from the territorial sea of a third country by vessels registered or recorded in a Member State and flying the flag of the stateF21
Exemption from import duties of products obtained from products of sea-fishing and other products taken from the territorial sea of a third country on board factory-ships registered or recorded in a Member State and flying the flag of the stateF22
Goods which, after having been under an outward-processing procedure, are placed under a warehousing procedure without suspension of excise dutiesF31
Goods which, after having been under an inward-processing procedure, are placed under a warehousing procedure without suspension of excise dutiesF32
Goods which, after having been in a free zone, are placed under a warehousing procedure without suspension of excise dutiesF33
Goods which, after having been subject to end-use, are placed under a warehousing procedure without suspension of excise dutiesF34
Release for free circulation of goods for events or for sale placed under temporary admission, applying the elements of calculation in force at the moment of acceptance of the declaration for free circulationF41
Release for free circulation of processed products where the calculation of the amount of import duties shall be made in accordance with Article 86(3) of the Code.F44
Export
Exports for military useF51
VictuallingF61
Victualling of goods eligible of refundsF62
Entry in victualling warehouse (Articles 37 to 40 of Commission Regulation (EC) No 612/2009a)F63
Exit from victualling warehouse of goods intended for victuallingF64
2.Codes exclusively for national use must be composed of a numeric character followed by two alphanumeric characters according to that Member State's own nomenclature.U.K.
(1)

The use, in this Appendix, of the words export, re-export, importation and re-importation equally cover dispatch, re-dispatch, introduction and re-introduction.

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