|
DECISION No 1/96 OF
THE EC-TURKEY CUSTOMS COOPERATION COMMITTEE
of 20 May 1996 laying down detailed
rules for the application of Decision No 1/95 of the
EC-Turkey Association Council
(96/488/EC)
THE CUSTOMS COOPERATION COMMITTEE,
Having regard to the Agreement of 12 September 1963
establishing an association between the EEC and Turkey,
Having regard to Decision No 1/95 of the EC-Turkey
Association Council of 22 December 1995 on implementing
the final phase of the Customs Union (1), and in particular
Articles 3 (6), 13 (3) and 28 (3) thereof,
Whereas there is a need to adopt appropriate measures
to enable the mechanism of the customs union set up
between the European Community and Turkey to function,
HAS DECIDED AS FOLLOWS:
TITLE I
GENERAL PROVISIONS
Article 1
This Decision sets out implementing provisions for
Decision No 1/95 of the EC-Turkey Association Council,
hereafter referred to as the basic Decision.
Article 2
For the purposes of this Decision:
- the term 'third country` shall mean a country or
territory which does not belong to the customs territory
of the EC-Turkey customs union;
- 'part of the customs union` shall mean, on the one
hand, the customs territory of the Community and,
on the other hand, the customs territory of Turkey.
TITLE II
PROVISIONS RELATING TO THE COMMON CUSTOMS TARIFF
AND THE PREFERENTIAL TARIFF POLICIES
Article 3
- For the products referred to in Article 15 of the
basic Decision and under the conditions laid down
in Article 3 of the basic Decision, the benefit of
free circulation shall be granted in Turkey if the
products originate in the Community. The origin is
determined in accordance with the Community rules
on non-preferential origin of goods.
- Where the products referred to in Article 15 of
the basic Decision do not originate in the Community,
and under the conditions laid down in Article 3 of
the basic Decision, Turkey will deduct from the amount
of duties due on these products by virtue of Article
15 the amount of duties already paid in the Community
on the products concerned.
TITLE III
CUSTOMS PROVISIONS APPLICABLE TO TRADE IN GOODS
BETWEEN THE TWO PARTS OF THE CUSTOMS UNION
CHAPTER 1
General
Article 4
Without prejudice to the provisions on free circulation
laid down in the basic Decision, the Community customs
code and its implementing provisions, which are applicable
in the customs territory of the Community, and the Turkish
customs code and its implementing provisions, which
are applicable in the customs territory of Turkey, shall
apply in trade in goods between the two parts of the
customs union under the conditions laid down in the
present Decision.
Article 5
- For the implementation of Article 3 (4) of the basic
Decision, the import formalities shall be considered
as having been complied with in the exporting State
by the validation of the document necessary to enable
the free circulation of the goods concerned.
- The validation referred to in paragraph 1 shall
cause a customs debt on importation to be incurred.
It shall also give rise to the application of the
commercial policy measures described in Article 12
of the basic Decision and to which the products or
the goods concerned may be subject.
- The moment when such customs debt is incurred shall
be deemed to be the moment when the customs authorities
accept the export declaration relating to the goods
in question.
- The debtor shall be the declarant. In the event
of indirect representation, the person on whose behalf
the declaration is made shall also be a debtor.
- The amount of the customs duties corresponding to
this customs debt shall be determined under the same
conditions as in the case of a customs debt resulting
from the acceptance, on the same date, of the declaration
for release for free circulation of the goods concerned
for the purpose of terminating the inward processing
procedure.
CHAPTER 2
Provisions concerning the administrative cooperation
for the movement of goods
Article 6
Proof that the necessary conditions for implementation
of:
- the provisions on free circulation for industrial
products between the Community and Turkey,
- the preferential arrangements between the Community
and Turkey relating to agricultural products,
are met shall be provided by documentary evidence issued
at the exporter's request by the customs authorities of
Turkey or of a Member State.
Article 7
- The documentary evidence referred to in Article
6 of this Decision shall be movement certificate A.TR.
The specimen of this form is contained in Annex I.
However, forms shown in Decision 5/72 of the EC-Turkey
Association Council (1), which were used prior to
the date of entry into force of this Decision, may
continue to be used until stocks are exhausted and,
at the latest, until 30 June 1997.
- An A.TR. certificate issued for products referred
to in Article 3 (1) shall bear, in box 8, one of the
following indications:
- ORIGEN COMUNITARIO
- OPRINDELSE I FAELLESSKABET
- GEMEINSCHAFTLICHER URSPRUNG
- ÊÏÉÍÏÔÉÊÇ ÊÁÔÁÃÙÃÇ
- COMMUNITY ORIGIN
- ORIGINE COMMUNAUTAIRE
- ORIGINE COMUNITARIA
- GEMEENSCHAPSOORSPRONG
- ORIGEM COMUNITÁRIA
- YHTEISOEALKUPERAEAE
- URSPRUNG I GEMENSKAPEN
- TOPLULUK MENSELIDIR.
An A.TR. certificate issued for products referred
to in Article 3 (2) shall bear, in box 8, one of the
following indications:
- ORIGEN NO COMUNITARIO
- IKKE OPRINDELSE I FAELLESSKABET
- NICHT GEMEINSCHAFTLICHER URSPRUNG
- ÌÇ ÊÏÉÍÏÔÉÊÇ ÊÁÔÁÃÙÃÇ
- NON-COMMUNITY ORIGIN
- ORIGINE NON COMMUNAUTAIRE
- ORIGINE NON COMUNITARIA
- GEEN GEMEENSCHAPSOORSPRONG
- ORIGEM NÃO COMUNITÁRIA
- EI YHTEISOEALKUPERAEAE
- INTE URSPRUNG I GEMENSKAPEN
- TOPLULUK MENSEILI DEGILDIR.
- The A.TR. certificate may only be used when the
goods are transported directly from a Member State
to Turkey or from Turkey to a Member State.
- For the application of paragraph 3, the following
shall be considered as transported directly from a
Member State to Turkey or from Turkey to a Member
State:
- goods that are transported without passing through
territory other than that of the Community or
of Turkey;
- goods transported through territory other than
that of the Community or of Turkey or transhipped
in such territory provided that they cross such
territory or are transhipped under cover of a
single transport document made out in the Community
or in Turkey.
Article 8
- Movement certificate A.TR. shall be endorsed by
the customs authorities of the exporting State when
goods to which it relates are exported. It shall be
made available to the exporter as soon as actual exportation
has been effected or ensured.
In exceptional circumstances movement certificate
A.TR. may also be endorsed after exportation of
the goods to which it relates, if it was not produced
at the time of exportation because of errors or
involuntary omission. In this case, the certificate
shall bear a special reference to the conditions
in which it was endorsed.
- Movement certificate A.TR. may be endorsed only
where it can serve as the documentary evidence required
for the purpose of implementing the free circulation
provided for in the basic Decision.
Article 9
Movement certificate A.TR. must be submitted, within
three months of the date of endorsement by the customs
authorities of the exporting State, to the customs authorities
of the importing State where the goods are entered.
Article 10
- Movement certificate A.TR. shall be made out on
the appropriate form, the specimen of which is annexed
to this Decision, in one of the official languages
of the Community or in Turkish and in accordance with
the provisions of the domestic law of the exporting
State. When certificates are made out in Turkish,
they shall also be made out in one of the official
languages of the Community. They shall be typed or
hand-written in block letters in ink.
- Each certificate shall measure 210 × 297 mm. The
paper used must be white sized writing paper not containing
mechanical pulp and weighing not less than 64 grammes
per square meter. It shall have a printed green guilloche
pattern background making any falsification by mechanical
or chemical means apparent to the eye.
The Member States and Turkey may reserve the right
to print the certificates themselves or may have
them printed by approved printers. In the latter
case, each certificate shall include a reference
to such approval. Each certificate shall bear the
name and address of the printer or a mark by which
the printer can be identified. It shall also bear
a serial number by which it can be identified.
- Movement certificate
A.TR. must be completed in accordance
with the explanatory note contained in Annex II and any
additional rules laid down in the framework of the customs
union.
Article 11
Movement certificates shall be submitted to customs
authorities in the importing State in accordance with
the procedures laid down by that State. These authorities
may require a translation of a certificate. They may
also require the import declaration to be accompanied
by a statement from the importer to the effect that
the goods meet the conditions required for the free
circulation.
In the event of the theft, loss or destruction of
a certificate A.TR., the exporter may apply to the appropriate
governmental authority which issued it for a duplicate
to be made on the basis of the export documents in their
possession. The duplicate A.TR. form issued in this
way must be endorsed in box 12, with one of the following
words together with the date of issue and serial number
of the original certificate:
- DUPLICADO
- DUPLIKAT
- DUPLIKAT
- ÁÍÔÉÃÑÁOEÏ
- DUPLICATE
- DUPLICATA
- DUPLICATO
- DUPLICAAT
- SEGUNDA VIA
- KAKSOISKAPPALE
- DUPLIKAT
- IKINCI NUESHADIR.
Article 12
Simplified procedure for the issue of certificates
- By derogation from Article 8 of this Decision, the
customs authorities may authorize any person, hereinafter
referred to as 'approved exporter`, who satisfies
the conditions laid down in paragraph 2 of this Article,
to issue movement certificates A.TR. without having
to present them for endorsement to the relevant customs
authorities at the time of exportation.
- The authorization provided for in paragraph 1 shall
be granted only to persons:
- who frequently consign goods;
- whose records enable the customs authorities
to check their operations;
- who have not made serious or repeated offences
against customs or tax legislation;
- who offer to the satisfaction of the customs
authorities all guarantees necessary to verify
the status of the goods.
- The customs authorities may revoke the authorization
where the approved exporter no longer fulfils the
conditions provided for in this Article or in the
authorization.
- Authorization to be issued by the customs authorities
shall specify in particular:
- the office responsible for pre-endorsement of
the certificates;
- the manner in which the approved exporter must
prove that those certificates have been used.
The relevant customs authorities shall specify the
period and manner in which the approved exporter is
to inform the competent office so that such office
may carry out any necessary controls before the departure
of the goods.
- The authorization shall stipulate that the box reserved
for endorsement by the customs must:
- be stamped in advance with the stamp of the
office responsible for the pre-endorsement and
be signed by an official of that office; or
- be stamped by the approved exporter with a special
metal stamp approved by the customs authorities,
conforming to the specimen in Annex III. This
imprint may be pre-printed on the certificates
if the printing its entrusted to a printer approved
for that purpose.
- Not later than on exportation of the goods, the
approved exporter shall complete and sign the certificate
and shall enter in box 8 one of the following phrases:
«Procedimiento simplificado»
»Forenklet fremgangsmaade«
"Vereinfachtes Verfahren"
«ÁðëïõóôaaõìÝíç aeéáaeéêáóssá»
'Simplified procedure`
«Procédure simplifiée»
«Procedura semplificata»
"Vereenvoudigde regeling"
«Procedimento simplificado»
"Yksinkertaistettu menettely"
"Foerenklat foerfarande"
"Basitlestirilmis proseduer".
- The completed certificate, bearing the phrase specified
in paragraph 6 and signed by the approved exporter,
shall be equivalent to a document certifying that
the conditions specified at Article 6 of this Decision
have been fulfilled.
Article 13
Division of certificates
- The competent authorities of the Member States of
the Community or Turkey shall permit a consignment
of goods and the A.TR. certificate to be divided.
- The office at which the division shall take place
shall issue an extract of the A.TR. certificate for
each part of the divided consignment, using for this
purpose an A.TR. certificate.
Box 12 of the extract shall show the registration
number, date, office and country of issue of the
initial certificate, using one of the following
forms of wording:
- Extracto del certificado A.TR. (número, fecha,
oficina y país de expedición)
- Udskrift af A.TR.-varecertifikat (nummer, dato,
udstedelsessted og land)
- Auszug aus der A.TR. Warenverkehrsbescheinigung
(Nummer, Datum, ausstellende Stelle und Ausstellungsland)
- Áðueóðáóìá ôïõ ðéóôïðïéçôéêïý A.TR. (áñéèìueò,
çìaañïìçíssá, ãñáoeaassï êáé ÷þñá aaêaeueóaaùò)
- Extract of A.TR. certificate (Number, date,
office and country of issue)
- Extrait du certificat A.TR. (numéro, date, bureau
et pays de délivrance)
- Estratto del certificato A.TR. (numero, data,
ufficio e paese di emissione)
- Uittreksel uit A.TR. certificaat (nummer, datum,
kantoor en land van afgifte)
- Extracto do certificado A.TR. (número, data,
estância, país de emissão)
- A.TR.-todistuksen ote (numero, paeivaemaeaerae,
antanut toimisto ja maa)
- Utdrag ur certifikat A.TR. (nummer, datum, kontor
och utfaerdandeland)
- Muefrez A.TR. dolasim belgesi (Numarasi, tarih,
duezenleyen guemruek idaresi ve uelkesi)
- The office where the division takes place shall
state on the initial A.TR. certificate that the form
has been divided. It shall do this by entering one
of the following in box 12 of the A.TR. certificate:
. . . (número) extractos expedidos - copias adjuntas
. . . (antal) udstedte udskrifter - kopier vedfoejet
. . . (Anzahl) Auszuege ausgestellt - Durchschriften
liegen bei
. . . (áñéèìueò) aaêaeïèÝíôá áðïóðUEóìáôá - óõíçììÝíá
áíôssãñáoeá
. . . (number) extracts issued - copies attached
. . . (nombre) extraits délivrés - copies ci-jointes
. . . (numero) estratti rilasciati - copie allegate
. . . (aantal) uittreksels afgegeven - kopieën bijgevoegd
. . . (quantidade) extractos emitidos - cópias juntas
. . . (lukumaeaerae) otteita annettu - jaeljennoekset
oheisina
. . . (antal) utdrag som utfaerdats - kopior bifogas
. . . (adet) muefrez olarak duezenlenmi-tir suretleri
eklidir.
- The office where the division takes place shall
keep the original of the A.TR. certificate and a copy
of each extract used.
- The period of validity of divided certificates shall
be the same as that of the original A.TR. movement
certificate.
Article 14
Duration of validity of the certificate where the
goods are stored in a free zone, free warehouse or customs
warehouse
- Where goods covered by a movement certificate A.TR.
remain in a free zone, free warehouse or customs warehouse,
the validity period of the certificate is suspended
during their stay.
- To this end, the customs authorities must certify
the date of entry and exit of goods into and out of
the free zone, free warehouse or customs warehouse
on the certificate.
- The same conditions shall apply to A.TR. movement
certificates which had been issued and submitted to
the customs authorities before the date of entry into
force of the present Decision.
Article 15
In order to ensure the proper application of the provisions
of the present Decision, the Member States and Turkey
shall assist each other, through their respective customs
administrations and within the framework of mutual assistance
provided for in Article 29 and Annex 7 of the basic
Decision, in checking the authenticity and accuracy
of the certificates.
Article 16
The specimen of movement certificate A.TR. shall form
an integral part of this Decision.
CHAPTER 3
Provisions concerning the goods brought by travellers
Article 17
Provided that they are not intended for commercial
use, goods brought by travellers from one part of the
customs union to the other part of the customs union
shall benefit from free movement without being the subject
of the certificate provided for in Chapter 2 when they
are declared as goods fulfilling the conditions for
free circulation and there is no doubt as to the accuracy
of the declaration.
CHAPTER 4
Postal consignments
Article 18
Postal consignments (including postal packages) shall
benefit from free movement without being the subject
of the certificate provided for in Chapter 2, provided
there is no indication on the packing or on the accompanying
documents that the goods contained therein do not comply
with the conditions set out in the basic Decision. This
indication consists of a yellow label, the specimen
of which is contained in Annex IV, affixed in all cases
of this kind by the competent authorities of the exporting
State.
TITLE IV
CUSTOMS PROVISIONS APPLICABLE TO TRADE IN GOODS
WITH THIRD COUNTRIES
CHAPTER 1
Provisions concerning the value of goods for
customs purposes
Article 19
The costs of transport and insurance, loading and
handling charges associated with transport of third
country goods after introduction of the goods into the
territory of the customs union shall not be taken into
consideration for customs valuation purposes, provided
they are shown separately from the price actually paid
or payable for the said goods.
CHAPTER 2
Outward processing
Article 20
For the purpose of this Chapter, 'triangular traffic`
shall mean the system under which the compensating products
after outward processing are released for free circulation
with partial or total relief from import duties in the
one part of the customs union other than that from which
the goods were temporarily exported.
Article 21
The use of the triangular traffic for outward processing
operation shall be allowed, at the request of the holder,
except for cases where the standard exchange system
with prior importation is used.
Article 22
- Where the triangular traffic system is used, information
sheet INF 2 shall be used.
- Information sheet INF 2, corresponding to the specimen
and provisions contained in the Community and Turkish
customs provisions, shall comprise one original and
one copy which shall be presented together at the
office of entry. Information sheet INF 2 shall be
made out for the quantity of goods entered for the
procedure. Where it is expected that the compensating
or replacement products will be re-imported in more
than one consignment at different customs offices,
the office of entry shall, at the request of the holder
of the authorization, issue the requisite number of
INF 2 sheets made out for the quantity of goods entered
for the procedure.
- In the event of theft, loss or destruction of information
sheet INF 2, the holder of the outward processing
operation may ask the customs office which endorsed
it for a duplicate to be issued. The said office shall
comply with this request provided it can be shown
that the temporary export goods in respect of which
the duplicate is requested have not been re-imported.
The duplicate so issued shall bear one of the
following indications:
- DUPLICADO
- DUPLIKAT
- DUPLIKAT
- ÁÍÔÉÃÑÁOEÏ
- DUPLICATE
- DUPLICATA
- DUPLICATO
- DUPLICAAT
- SEGUNDA VIA
- KAKSOISKAPPALE
- DUPLIKAT
- IKINCI NUESHADIR.
- The request for the issue of information sheet INF
2 shall constitute the consent of the holder of the
authorization to concede the benefit of the total
or partial relief from import duties to another person.
Article 23
- The office of entry for the procedure shall endorse
the original and the copy of information sheet INF
2. It shall retain the copy and return the original
to the declarant.
- Where the office of entry for the procedure considers
that the customs office where the declaration for
free circulation will be presented requires certain
authorization particulars which do not appear on the
information sheet, it shall enter such particulars
on the information sheet.
- The original of information sheet INF 2 shall be
presented to the customs office where the goods leave
the customs territory. That office shall certify on
the original that the goods have left the said territory
and shall return it to the person presenting it.
Article 24
- Where the office of entry for the procedure is called
upon to endorse information sheet INF 2, it shall
indicate in box 16 the means used to identify the
temporary export goods.
- Where samples are taken or illustrations or technical
descriptions are used, the office referred to in paragraph
1 shall authenticate such samples, illustrations or
technical descriptions by affixing its customs seal
either on the items, where their nature permits it,
or on the packaging, in such a way that it cannot
be tampered with.
A label bearing the stamp of the office and reference
particulars of the export declaration shall be attached
to the samples, illustrations or technical descriptions
in a manner which prevents substitution.
- The samples, illustrations or technical descriptions,
authenticated and sealed in accordance with paragraph
2, shall be returned to the exporter, who shall present
them with the seals intact when the compensating or
replacement products are re-imported.
- Where an analysis is required and the results will
not be known until after the customs office has endorsed
information sheet INF 2, the document containing the
result of the analysis shall be given to the exporter
in a sealed tamper proof envelope.
Article 25
- The importer of the compensating or replacement
products shall present the original of information
sheet INF 2 and, where appropriate, the means of identification
referred to in Article 24 (3) and (4) of this Decision
to the office of discharge when he lodges the declaration
for release for free circulation.
- Where the compensating or replacement products are
released for free circulation in a single consignment
or in more than one consignment but at the same customs
office, that office shall note on the original of
information sheet INF 2 the quantities of temporary
export goods corresponding to the quantities of compensating
or replacement products released for free circulation.
When information sheet INF 2 is discharged, it shall
be annexed to the corresponding declaration. If it
is not completely discharged, it shall be returned
to the declarant and box 12 of the A. TR. certificate
shall be annotated accordingly.
- Where the compensating or replacement products are
released for free circulation in more than one consignment
at more than one customs office and Article 23 (2)
has not been applied, the customs office where the
first declaration for release for free circulation
is lodged shall, at the request of the declarant,
replace the initial information sheet INF 2 with further
INF 2 sheets made out for the quantity of temporary
export goods not yet released for free circulation.
The customs office shall indicate on the replacement
information sheet or sheets the number of the initial
information sheet and the customs office which issued
it. The quantities entered on the replacement information
sheet or sheets shall be set off against the quantities
entered on the initial information sheet INF 2 which,
once discharged in this way, shall be annexed to the
initial declaration for release for free circulation.
As each of the replacement information sheets is discharged,
it shall be annexed to the declaration for free circulation
to which it refers.
Article 26
The office of discharge shall be empowered to ask
the customs office which endorsed information sheet
INF 2 for post clearance verification of the authenticity
of the information sheet and the accuracy of the particulars
which it contains and any additional information entered
on it.
The latter customs office shall comply with this request
as soon as possible.
CHAPTER 3
Returned goods
Article 27
- Goods of one part of the customs union which, having
been exported from its customs territory, are returned
to the territory of the other part of the customs
union and released for free circulation within a period
of three years shall, at the request of the person
concerned, be granted relief from import duties.
The three-year period may be exceeded in order
to take account of special circumstances.
- Where, prior to their exportation from the customs
territory of one part of customs union, the returned
goods had been released for free circulation at reduced
or zero import duty because of their use for a particular
purpose, exemption from duty under paragraph 1 shall
be granted only if they are to be re-imported for
the same purpose.
Where the purpose for which the goods in question
are to be imported is no longer the same, the amount
of import duties chargeable upon them shall be reduced
by any amount levied on the goods when they were
first released for free circulation. Should the
latter amount exceed that levied on the entry for
free circulation of returned goods, no refund shall
be granted.
- The relief from import duties provided for in paragraph
1 shall not be granted in the case of goods exported
from the customs territory of one part of customs
union under the outward processing procedure unless
those goods remain in the state in which they were
exported.
Article 28
The relief from import duties provided for in Article
27 of this Decision shall be granted only if goods are
re-imported in the state in which they were exported.
Article 29
Articles 27 and 28 of this Decision shall apply mutatis
mutandis to compensating products originally exported
or re-exported subsequent to an inward processing procedure.
The amount of import duty legally owed shall be determined
on the basis of the rules applicable under the inward
processing procedure, the date of re-export of the compensating
products being regarded as the date of release for free
circulation.
Article 30
Returned goods shall be exempt from import duties
even where they represent only a proportion of the goods
previously exported from the customs territory of the
other part of the customs union.
The same applies where the goods consist of parts
or accessories belonging to machines, instruments, apparatus
or other products previously exported from the customs
territory of the other part of the customs union.
Article 31
- By way of derogation from Article 28 of this Decision,
returned goods in one of the following situations
shall be exempt from import duties:
- goods which, after having been exported from
the customs territory of the other part of the
customs union, have received no treatment other
than that necessary to maintain them in good condition
or handling which alters their appearance only;
- goods which, after having been exported from
the customs territory of the other part of the
customs union, received treatment other than that
necessary to maintain them in good condition or
handling other than that altering their appearance,
but which proved to be defective or unsuitable
for their intended use, provided that one of the
following conditions are fulfilled:
- such treatment or handling was applied to the
goods solely with a view to repairing them or
restoring them to good condition,
- their unsuitability for their intended use became
apparent only after such treatment or handling
had commenced.
- Where returned goods have undergone treatment or
handling permitted under paragraph 1 (b) and such
treatment would have rendered them liable to import
duties if they had come under outward processing arrangements,
the rules in force for charging duty under the said
arrangement shall apply.
However, if goods have undergone an operation
consisting of repair or restoration to good condition
which became necessary as a result of unforeseen
circumstances which arose outside the customs territories
of both parts of customs union, this being established
to the satisfaction of the customs authorities,
relief from import duties shall be granted provided
that the value of the returned goods is not higher,
as a result of such operation, than their value
at the time of export from the customs territory
of the other part of the customs union.
- For the purposes of the second subparagraph of paragraph
2:
- 'repair or restoration to good condition which
became necessary` shall mean any operation to
remedy operating defects or material damage suffered
by goods while they were outside the customs territories
of both parts of the customs union, without which
the goods could no longer be used in the normal
way for the purposes for which they were intended;
- the value of returned goods shall be considered
not to be higher, as a result of the operation
which they have undergone, than their value at
the time of export from the customs territory
of the other part of the customs union, when the
operation does not exceed that which is strictly
necessary to enable them to continue to be used
in the same way as at that time.
When the repair or restoration to good condition of
goods necessitates the incorporation of spare parts,
such incorporation shall be limited to those parts
strictly necessary to enable the goods to be used
in the same way as at the time of export.
Article 32
When completing the customs export formalities, the
customs authorities shall, at the request of the person
concerned, issue a document containing the information
necessary for identification of the goods in the event
of their being returned to the customs territory of
one part of the customs union.
Article 33
- The following shall be accepted as returned goods:
- goods for which the following documents are
produced in support of the declaration for release
for free circulation:
(a) the copy of the export declaration returned
to the exporter by the customs authorities,
or a copy of such document certified true by
the said authorities; or (b) the information
sheet provided for in Article 34 of this Decision.
Where evidence available to the customs authorities
at the customs office of re-importation or
ascertainable by them from the person concerned
indicates that the goods declared for free
circulation were originally exported from
the customs territory of the other part of
the customs union, and at the time satisfied
the conditions for acceptance as returned
goods, the documents referred to at (a) and
(b) shall not be required,
- goods covered by an ATA carnet issued in the
other part of the customs union.
These goods may be accepted as returned goods
within the limits laid down by Article 27 of
this Decision, even when the validity of the
ATA carnet has expired.
In all cases, the following formalities shall be carried
out: verify the information given in boxes A to G
of the re-importation voucher, complete the counterfoil
and box H of the re-importation sheet,retain the re-importation
voucher.
- The first indent of paragraph 1 shall not apply
to the international movement of packing materials,
means of transport or certain goods admitted under
specific customs arrangements where autonomous or
conventional provisions lay down that customs documents
are not required in these circumstances.
- Nor shall it apply in cases where goods may be declared
for release for free circulation orally or by any
other act.
Where they consider it necessary, the customs authorities
at the customs office of re-importation may ask
the person concerned to submit additional evidence,
in particular for the purposes of identification
of the returned goods.
Article 34
Information sheet INF 3 shall be drawn up in an original
and two copies on forms which conform to the specimens
contained in the Community and Turkish customs provisions.
Article 35
- Information sheet INF 3 shall be issued at the exporter's
request by the customs authorities at the customs
office of exportation at the time of completion of
the export formalities for the goods concerned, if
the exporter declares that it is probable that these
goods will be returned via a customs office of the
other part of the customs union.
- Information sheet INF 3 may also be issued, at the
exporter's request, by the customs authorities at
the customs office of exportation after completion
of the export formalities for the goods concerned,
provided that these authorities can establish, on
the basis of the information at their disposal, that
the particulars in the exporter's request relate to
the goods exported.
Article 36
- Information sheet INF 3 shall contain all items
of information required by the customs authorities
for the purpose of identifying the exported goods.
- Where it is expected that the exported goods will
be returned to the customs territory of the other
part of the customs union or to the customs territory
of both parts of the customs union through several
customs offices other than the customs office of exportation,
the exporter may ask for several information sheets
INF 3 to be issued to cover the total quantity of
the goods exported.
Similary, the exporter may ask the customs authorities
which issued an information sheet INF 3 to replace
it by several information sheets INF 3 covering
the total quantity of goods included in the information
sheet INF 3 initially issued. The exporter may also
ask for an information sheet INF 3 to be issued
in respect of a proportion only for the exported
goods.
Article 37
The original and one copy of information sheet INF
3 shall be returned to the exporter for presentation
at the customs office of re-importation. The second
copy shall be kept in the official files of the customs
authorities who issued it.
Article 38
The customs office of re-importation shall record
on the original and on the copy of information sheet
INF 3 the quantity of returned goods exempted from import
duties, retaining the original and sending the copy,
bearing the reference number and the date of declaration
for free circulation, to the customs authorities who
issued it.
The said customs authorities shall compare this copy
with the one in their possession and retain it in their
official files.
Article 39
In the event of theft, loss or destruction of the
original information sheet INF 3, the person concerned
may ask the customs authorities which issued it for
a duplicate. They shall comply with this request if
the circumstances warrant it. A duplicate so issued
shall bear one of the following indications:
- DUPLICADO
- DUPLIKAT
- DUPLIKAT
- ÁÍÔÉÃÑÁOEÏ
- DUPLICATE
- DUPLICATA
- DUPLICATO
- DUPLICAAT
- SEGUNDA VIA
- KAKSOISKAPPALE
- DUPLIKAT
- IKINCI NUESHADIR.
The customs authorities shall record on the copy of information
sheet INF 3 in their possession that a duplicate has been
issued.
Article 40
- At the request of the customs authorities at the
customs office of re-importation, the customs authorities
at the customs office of exportation shall communicate
to the former all the information at their disposal
to enable them to determine whether the goods meet
the conditions necessary to benefit from the provisions
of this chapter.
- Information sheet INF 3 may be used for the request
and the transmission of the information referred to
in paragraph 1.
TITLE V
FINAL PROVISIONS
Article 41
This Decision shall enter into force on 1 July 1996.
Done at Marmaris,
20 May 1996.
By the Customs Cooperation Committee
A. OYARZABAL
The President
(1) OJ No L 35, 13. 2. 1996, p. 1.
(1) (1) OJ No L 35, 13. 2. 1996, p. 1.
(1) (1) OJ No L 35, 13. 2. 1996, p. 1.
(1)
ANNEX I
>REFERENCE TO A FILM>
ANNEX II
Explanatory notes for the movement certificate
- Rules for completing the
movement certificate
- The movement certificate A.TR. must be completed
in one of the languages in which the Agreement
is drawn up and shall comply with the internal
laws of the exporting State. When the certificate
is completed in Turkish, it shall also be completed
in one of the official languages of the Community.
- The movement certificate A.TR. must be typed
or hand-written; if the latter, it must be completed
in ink in block letters. It must not contain any
erasure or superimposed correction. Any alteration
must be made by deleting the incorrect particulars
and adding any necessary corrections. Any such
alteration must be initialled by the person who
completed the certificate and be endorsed by the
customs authorities.
- Particulars to be entered
in the various boxes
- Enter the full name and address of the person
or company concerned.
- Where appropriate, enter the number of the transport
document.
- Where appropriate, enter the full name and address
of the person(s) or company(ies) to whom the goods
are to be delivered.
- Enter the name of the country from which the
goods are exported.
- Enter the name of the country concerned.
- Where the origin of goods is required, the name
of the country must be entered by the exporter
in this box.
- Enter the number of the item in question in
relation to the total number of articles on the
certificate.
- Enter the marks, numbers, quantity, kind of
packages and the normal trade description of the
goods.
- Enter the gross mass of the goods described
in the corresponding box 10, expressed in kilograms.
- To be completed by the competent authority.
Where appropriate, enter the particulars related
to the export document (type and No of the form,
name of the Customs office and of the issuing
country).
- Enter the place and date, signature and name
of the exporter.
ANNEX III
>REFERENCE TO A FILM>
ANNEX IV
>REFERENCE TO A FILM>
|