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Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code (recast)

Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code (recast)

TITLE I GENERAL PROVISIONS

CHAPTER 1 Scope of the customs legislation, mission of customs and definitions

Article 1 Subject matter and scope

1.

This Regulation establishes the Union Customs Code (the Code), laying down the general rules and procedures applicable to goods brought into or taken out of the customs territory of the Union.

Without prejudice to international law and conventions and Union legislation in other fields, the Code shall apply uniformly throughout the customs territory of the Union.

2.

Certain provisions of the customs legislation may apply outside the customs territory of the Union within the framework of legislation governing specific fields or of international conventions.

3.

Certain provisions of the customs legislation, including the simplifications for which it provides, shall apply to the trade in Union goods between parts of the customs territory of the Union to which the provisions of Directive 2006/112/EC or of Directive 2008/118/EC apply and parts of that territory where those provisions do not apply, or to trade between parts of that territory where those provisions do not apply.

Article 2 Delegation of power

The Commission shall be empowered to adopt delegated acts in accordance with Article 284 specifying the provisions of the customs legislation and the simplifications thereof with respect to the customs declaration, the proof of the customs status, the use of the internal Union transit procedure insofar as it does not affect a proper application of the fiscal measures at stake, which apply to the trade in Union goods referred to in Article 1(3). Those acts may address particular circumstances pertaining to the trade in Union goods involving only one Member State.

Article 3 Mission of customs authorities

Customs authorities shall be primarily responsible for the supervision of the Union's international trade, thereby contributing to fair and open trade, to the implementation of the external aspects of the internal market, of the common trade policy and of the other common Union policies having a bearing on trade, and to overall supply chain security. Customs authorities shall put in place measures aimed, in particular, at the following:

  1. protecting the financial interests of the Union and its Member States;

  2. protecting the Union from unfair and illegal trade while supporting legitimate business activity;

  3. ensuring the security and safety of the Union and its residents, and the protection of the environment, where appropriate in close cooperation with other authorities; and

  4. maintaining a proper balance between customs controls and facilitation of legitimate trade.

Article 4 Customs territory

Article 5 Definitions

CHAPTER 2 Rights and obligations of persons with regard to the customs legislation

Section 1 Provision of information

Article 6 Means for the exchange and storage of information and common data requirements
Article 7 Delegation of power
Article 8 Conferral of implementing powers
Article 9 Registration
Article 10 Delegation of power
Article 11 Conferral of implementing powers
Article 12 Communication of information and data protection
Article 13 Exchange of additional information between customs authorities and economic operators
Article 14 Provision of information by the customs authorities
Article 15 Provision of information to the customs authorities
Article 16 Electronic systems
Article 17 Conferral of implementing powers

Section 2 Customs representation

Article 18 Customs representative
Article 19 Empowerment
Article 20 Delegation of power
Article 21 Conferral of implementing powers

Section 3 Decisions relating to the application of the customs legislation

Article 22 Decisions taken upon application
Article 23 Management of decisions taken upon application
Article 24 Delegation of power
Article 25 Conferral of implementing powers
Article 26 Union-wide validity of decisions
Article 27 Annulment of favourable decisions
Article 28 Revocation and amendment of favourable decisions
Article 29 Decisions taken without prior application
Article 30 Limitations applicable to decisions on goods placed under a customs procedure or in temporary storage
Article 31 Delegation of power
Article 32 Conferral of implementing powers
Article 33 Decisions relating to binding information
Article 34 Management of decisions relating to binding information
Article 35 Decisions relating to binding information with regard to other factors
Article 36 Delegation of power
Article 37 Conferral of implementing powers

Section 4 Authorised economic operator

Article 38 Application and authorisation
Article 39 Granting of status
Article 40 Delegation of power
Article 41 Conferral of implementing powers

Section 5 Penalties

Article 42 Application of penalties

Section 6 Appeals

Article 43 Decisions taken by a judicial authority
Article 44 Right of appeal
Article 45 Suspension of implementation

Section 7 Control of goods

Article 46 Risk management and customs controls
Article 47 Cooperation between authorities
Article 48 Post-release control
Article 49 Intra-Union flights and sea crossings
Article 50 Conferral of implementing powers

Section 8 Keeping of documents and other information, and charges and costs

Article 51 Keeping of documents and other information
Article 52 Charges and costs

CHAPTER 3 Currency conversion and time-limits

Article 53 Currency conversion

Article 54 Conferral of implementing powers

Article 55 Periods, dates and time-limits

TITLE II FACTORS ON THE BASIS OF WHICH IMPORT OR EXPORT DUTY AND OTHER MEASURES IN RESPECT OF TRADE IN GOODS ARE APPLIED

CHAPTER 1 Common Customs Tariff and tariff classification of goods

Article 56 Common Customs Tariff and surveillance

Article 57 Tariff classification of goods

Article 58 Conferral of implementing powers

CHAPTER 2 Origin of goods

Section 1 Non-preferential origin

Article 59 Scope
Article 60 Acquisition of origin
Article 61 Proof of origin
Article 62 Delegation of power
Article 63 Conferral of implementing powers

Section 2 Preferential origin

Article 64 Preferential origin of goods
Article 65 Delegation of power
Article 66 Conferral of implementing powers

Section 3 Determination of origin of specific goods

Article 67 Measures taken by the Commission
Article 68 Conferral of implementing powers

CHAPTER 3 Value of goods for customs purposes

Article 69 Scope

Article 70 Method of customs valuation based on the transaction value

Article 71 Elements of the transaction value

Article 72 Elements not to be included in the customs value

Article 73 Simplification

Article 74 Secondary methods of customs valuation

Article 75 Delegation of power

Article 76 Conferral of implementing powers

TITLE III CUSTOMS DEBT AND GUARANTEES

CHAPTER 1 Incurrence of a customs debt

Section 1 Customs debt on import

Article 77 Release for free circulation and temporary admission
Article 78 Special provisions relating to non-originating goods
Article 79 Customs debt incurred through non-compliance
Article 80 Deduction of an amount of import duty already paid

Section 2 Customs debt on export

Article 81 Export and outward processing
Article 82 Customs debt incurred through non-compliance

Section 3 Provisions common to customs debts incurred on import and export

Article 83 Prohibitions and restrictions
Article 84 Several debtors
Article 85 General rules for calculating the amount of import or export duty
Article 86 Special rules for calculating the amount of import duty
Article 87 Place where the customs debt is incurred
Article 88 Delegation of power

CHAPTER 2 Guarantee for a potential or existing customs debt

Article 89 General provisions

Article 90 Compulsory guarantee

Article 91 Optional guarantee

Article 92 Provision of a guarantee

Article 93 Choice of guarantee

Article 94 Guarantor

Article 95 Comprehensive guarantee

Article 96 Temporary prohibitions relating to the use of comprehensive guarantees

Article 97 Additional or replacement guarantee

Article 98 Release of the guarantee

Article 99 Delegation of power

Article 100 Conferral of implementing powers

CHAPTER 3 Recovery, payment, repayment and remission of the amount of import or export duty

Section 1 Determination of the amount of import or export duty, notification of the customs debt and entry in the accounts

Article 101 Determination of the amount of import or export duty
Article 102 Notification of the customs debt
Article 103 Limitation of the customs debt
Article 104 Entry in the accounts
Article 105 Time of entry in the accounts
Article 106 Delegation of power
Article 107 Conferral of implementing powers

Section 2 Payment of the amount of import or export duty

Article 108 General time-limits for payment and suspension of the time-limit for payment
Article 109 Payment
Article 110 Deferment of payment
Article 111 Periods for which payment is deferred
Article 112 Other payment facilities
Article 113 Enforcement of payment
Article 114 Interest on arrears
Article 115 Delegation of power

Section 3 Repayment and remission

Article 116 General provisions
Article 117 Overcharged amounts of import or export duty
Article 118 Defective goods or goods not complying with the terms of the contract
Article 119 Error by the competent authorities
Article 120 Equity
Article 121 Procedure for repayment and remission
Article 122 Delegation of power
Article 123 Conferral of implementing powers

CHAPTER 4 Extinguishment of a customs debt

Article 124 Extinguishment

Article 125 Application of penalties

Article 126 Delegation of power

TITLE IV GOODS BROUGHT INTO THE CUSTOMS TERRITORY OF THE UNION

CHAPTER 1 Entry summary declaration

Article 127 Lodging of an entry summary declaration

Article 128 Risk analysis

Article 129 Amendment and invalidation of an entry summary declaration

Article 130 Declarations lodged instead of an entry summary declaration

Article 131 Delegation of power

Article 132 Conferral of implementing powers

CHAPTER 2 Arrival of goods

Section 1 Entry of goods into the customs territory of the Union

Article 133 Notification of arrival of a sea-going vessel or of an aircraft
Article 134 Customs supervision
Article 135 Conveyance to the appropriate place
Article 136 Goods that have temporarily left the customs territory of the Union by sea or air
Article 137 Conveyance under special circumstances
Article 138 Conferral of implementing powers

Section 2 Presentation, unloading and examination of goods

Article 139 Presentation of goods to customs
Article 140 Unloading and examination of goods
Article 141 Goods moved under transit
Article 142 Delegation of power
Article 143 Conferral of implementing powers

Section 3 Temporary storage of goods

Article 144 Goods in temporary storage
Article 145 Temporary storage declaration
Article 146 Amendment and invalidation of a temporary storage declaration
Article 147 Conditions and responsibilities for the temporary storage of goods
Article 148 Authorisation for the operation of temporary storage facilities
Article 149 End of temporary storage
Article 150 Choice of a customs procedure
Article 151 Delegation of power
Article 152 Conferral of implementing power

TITLE V GENERAL RULES ON CUSTOMS STATUS, PLACING GOODS UNDER A CUSTOMS PROCEDURE, VERIFICATION, RELEASE AND DISPOSAL OF GOODS

CHAPTER 1 Customs status of goods

Article 153 Presumption of customs status of Union goods

Article 154 Loss of customs status of Union goods

Article 155 Union goods leaving the customs territory of the Union temporarily

Article 156 Delegation of power

Article 157 Conferral of implementing powers

CHAPTER 2 Placing goods under a customs procedure

Section 1 General provisions

Article 158 Customs declaration of goods and customs supervision of Union goods
Article 159 Competent customs offices
Article 160 Delegation of power
Article 161 Conferral of implementing powers

Section 2 Standard customs declarations

Article 162 Content of a standard customs declaration
Article 163 Supporting documents
Article 164 Delegation of power
Article 165 Conferral of implementing powers

Section 3 Simplified customs declarations

Article 166 Simplified declaration
Article 167 Supplementary declaration
Article 168 Delegation of power
Article 169 Conferral of implementing powers

Section 4 Provisions applying to all customs declarations

Article 170 Lodging a customs declaration
Article 171 Lodging a customs declaration prior to the presentation of the goods
Article 172 Acceptance of a customs declaration
Article 173 Amendment of a customs declaration
Article 174 Invalidation of a customs declaration
Article 175 Delegation of power
Article 176 Conferral of implementing powers

Section 5 Other simplifications

Article 177 Simplification of the drawing-up of customs declarations for goods falling under different tariff subheadings
Article 178 Conferral of implementing powers
Article 179 Centralised clearance
Article 180 Delegation of power
Article 181 Conferral of implementing powers
Article 182 Entry in the declarant's records
Article 183 Delegation of power
Article 184 Conferral of implementing powers
Article 185 Self-assessment
Article 186 Delegation of power
Article 187 Conferral of implementing powers

CHAPTER 3 Verification and release of goods

Section 1 Verification

Article 188 Verification of a customs declaration
Article 189 Examination and sampling of goods
Article 190 Partial examination and sampling of goods
Article 191 Results of the verification
Article 192 Identification measures
Article 193 Conferral of implementing powers

Section 2 Release

Article 194 Release of the goods
Article 195 Release dependent upon payment of the amount of import or export duty corresponding to the customs debt or provision of a guarantee
Article 196 Delegation of power

CHAPTER 4 Disposal of goods

Article 197 Destruction of goods

Article 198 Measures to be taken by the customs authorities

Article 199 Abandonment

Article 200 Conferral of implementing powers

TITLE VI RELEASE FOR FREE CIRCULATION AND RELIEF FROM IMPORT DUTY

CHAPTER 1 Release for free circulation

Article 201 Scope and effect

Article 202 Commercial policy measures

CHAPTER 2 Relief from import duty

Section 1 Returned goods

Article 203 Scope and effect
Article 204 Goods which benefited from measures laid down under the common agricultural policy
Article 205 Goods previously placed under the inward processing procedure
Article 206 Delegation of power
Article 207 Conferral of implementing powers

Section 2 Sea-fishing and products taken from the sea

Article 208 Products of sea-fishing and other products taken from the sea
Article 209 Conferral of implementing powers

TITLE VII SPECIAL PROCEDURES

CHAPTER 1 General provisions

Article 210 Scope

Article 211 Authorisation

Article 212 Delegation of power

Article 213 Conferral of implementing powers

Article 214 Records

Article 215 Discharge of a special procedure

Article 216 Delegation of power

Article 217 Conferral of implementing powers

Article 218 Transfer of rights and obligations

Article 219 Movement of goods

Article 220 Usual forms of handling

Article 221 Delegation of power

Article 222 Conferral of implementing powers

Article 223 Equivalent goods

Article 224 Delegation of power

Article 225 Conferral of implementing powers

CHAPTER 2 Transit

Section 1 External and internal transit

Article 226 External transit
Article 227 Internal transit
Article 228 Single territory for transit purposes
Article 229 Exclusion of persons from TIR operations
Article 230 Authorised consignee for TIR purposes
Article 231 Delegation of power
Article 232 Conferral of implementing powers

Section 2 Union transit

Article 233 Obligations of the holder of the Union transit procedure and of the carrier and recipient of goods moving under the Union transit procedure
Article 234 Goods passing through the territory of a country or territory outside the customs territory of the Union under the external Union transit procedure
Article 235 Delegation of power
Article 236 Conferral of implementing powers

CHAPTER 3 Storage

Section 1 Common provisions

Article 237 Scope
Article 238 Duration of a storage procedure
Article 239 Conferral of implementing powers

Section 2 Customs warehousing

Article 240 Storage in customs warehouses
Article 241 Processing
Article 242 Responsibilities of the holder of the authorisation or procedure

Section 3 Free zones

Article 243 Designation of free zones
Article 244 Buildings and activities in free zones
Article 245 Presentation of goods and their placing under the procedure
Article 246 Union goods in free zones
Article 247 Non-Union goods in free zones
Article 248 Taking goods out of a free zone
Article 249 Customs status

CHAPTER 4 Specific use

Section 1 Temporary admission

Article 250 Scope
Article 251 Period during which goods may remain under the temporary admission procedure
Article 252 Amount of import duty in case of temporary admission with partial relief from import duty
Article 253 Delegation of power

Section 2 End-use

Article 254 End-use procedure

CHAPTER 5 Processing

Section 1 General provisions

Article 255 Rate of yield

Section 2 Inward processing

Article 256 Scope
Article 257 Period for discharge
Article 258 Temporary re-export for further processing

Section 3 Outward processing

Article 259 Scope
Article 260 Goods repaired free of charge
Article 261 Standard exchange system
Article 262 Prior import of replacement products

TITLE VIII GOODS TAKEN OUT OF THE CUSTOMS TERRITORY OF THE UNION

CHAPTER 1 Formalities prior to the exit of goods

Article 263 Lodging a pre-departure declaration

Article 264 Risk analysis

Article 265 Delegation of power

Article 266 Conferral of implementing powers

CHAPTER 2 Formalities on exit of goods

Article 267 Customs supervision and formalities on exit

Article 268 Conferral of implementing powers

CHAPTER 3 Export and re-export

Article 269 Export of Union goods

Article 270 Re-export of non-Union goods

CHAPTER 4 Exit summary declaration

Article 271 Lodging an exit summary declaration

Article 272 Amendment and invalidation of the exit summary declaration

Article 273 Conferral of implementing powers

CHAPTER 5 Re-export notification

Article 274 Lodging a re-export notification

Article 275 Amendment and invalidation of the re-export notification

Article 276 Conferral of implementing powers

CHAPTER 6 Relief from export duty

Article 277 Relief from export duty for Union goods temporarily exported

TITLE IX ELECTRONIC SYSTEMS, SIMPLIFICATIONS, DELEGATION OF POWER, COMMITTEE PROCEDURE AND FINAL PROVISIONS

CHAPTER 1 Development of electronic systems

Article 278 Transitional measures

Article 279 Delegation of power

Article 280 Work programme

Article 281 Conferral of implementing powers

CHAPTER 2 Simplifications in the application of the customs legislation

Article 282 Tests

Article 283 Conferral of implementing powers

CHAPTER 3 Delegation of power and committee procedure

Article 284 Exercise of the delegation

Article 285 Committee procedure

CHAPTER 4 Final provisions

Article 286 Repeal and amendment of legislation in force

Article 287 Entry into force

Article 288 Application

ANNEX