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Council Decision of 15 March 1993 concerning the conclusion of the Convention on Temporary Admission and accepting its annexes (93/329/EEC)

Council Decision of 15 March 1993 concerning the conclusion of the Convention on Temporary Admission and accepting its annexes (93/329/EEC)

THE COUNCIL OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty instituting the European Economic Community, and in particular Article 113 thereof,

Having regard to the proposal from the Commission,

  1. Whereas the Convention on Temporary Admission negotiated under the auspices of the Customs Cooperation Council and agreed at Istanbul on 26 June 1990 concerns trade in goods with non-member countries and is therefore an effective means of fostering international trade;

  2. Whereas the Community's authorized representative signed the Convention, subject to acceptance, on 28 June 1990; whereas, pursuant to Article 24 (1) (b) of the Convention, the Community must deposit an instrument of ratification in order to become a Contracting Party to the Convention;

  3. Whereas, pursuant to Article 24 (4) of the Convention, each Contracting Party acceding to the Convention must accept the Annex concerning temporary admission papers (ATA carnets and CPD carnets) and at least one other Annex; whereas the Community should accept all the Annexes; whereas, however, such acceptance must be subject to reservations designed to take account of requirements specific to the customs union and the present level of harmonization in the field of temporary admission;

  4. Whereas, pursuant to Article 24 (6) of the Convention, the Community is required to communicate to the depositary the conditions of application of, and the information required under, certain provisions; whereas, pursuant to Article 24 (7), the Community, as a customs or economic union, is required inter alia to inform the depositary of the matters within its competence, indicating those areas which remain within the national competence;

  5. Whereas, in order to make it easier to apply Annexes A and C to the Convention, it is desirable also to accept the Customs Cooperation Council's recommendations concerning the ATA carnets and CDP carnets;

  6. Whereas the Convention should be concluded and the Annexes accepted subject to the abovementioned reservations;

  7. Whereas participation by the Member States means that the Convention must enter into force simultaneously for the Community and its Member States,

HAS DECIDED AS FOLLOWS:

Article 1

The Convention on Temporary Admission and the Annexes thereto, together with the reservations, are hereby accepted on behalf of the European Economic Community.

The text of the Convention, the Annexes thereto and the reservations attached to those Annexes appear in Annexes I and II respectively to this Decision.

The notifications required appear in Annex III to this Decision.

The recommendations of the Customs Cooperation Council are hereby accepted on behalf of the Community on the conditions set out in Annex IV to this Decision.

Article 2

The President of the Council is hereby authorized to designate the person empowered to deposit the instrument of ratification of the Convention referred to in Article 1 and to accept the Annexes and associated reservations also referred to in Article 1, and to confer on him the powers necessary to bind the Community. Such deposit and acceptance shall take place at the same time as the depositing of instruments of ratification by the Member States.

The person empowered shall also communicate to the Secretary-General of the Customs Cooperation Council the conditions of application or the information required pursuant to Article 24 (6) of the Convention and the acceptance of the Customs Cooperation Council's recommendations.

Done at Brussels, 15 March 1993.

For the Council

The President

M. Jelved

CONTENTS

Body of the Convention

Annex A

concerning temporary admission papes (ATA carnets and CPD carnets)

Annex B.1

concerning goods for display or use at exhibitions, fairs, meetings, or similar events

Annex B.2

concerning professional equipment

Annex B.3

concerning containers, pallets, packings, samples and other goods imported in connection with a commercial operation

Annex B.4

concerning goods imported in connection with a manufacturing operation

Annex B.5

concerning goods imported for educational, scientific or cultural purposes

Annex B.6

concerning travellers' personal effects and goods imported for sports purposes

Annex B.7

concerning tourist publicity material

Annex B.8

concerning goods imported as frontier traffic

Annex B.9

concerning goods imported for humanitarian purposes

Annex C

concerning means of transport

Annex D

concerning animals

Annex E

concerning goods imported with partial relief from import duties and taxes

ANNEX I

CHAPTER I GENERAL PROVISIONS

Definitions

Article 1

CHAPTER II Scope of the Convention

Article 2

Structure of the Annexes

Article 3

CHAPTER III SPECIAL PROVISIONS

Document and security

Article 4

Temporary admission papers

Article 5

Identification

Article 6

Period for re-exportation

Article 7

Transfer of temporary admission

Article 8

Termination of temporary admission

Article 9

Article 10

Article 11

Other possible cases of termination

Article 12

Article 13

Article 14

CHAPTER IV MISCELLANEOUS PROVISIONS

Reduction of formalities

Article 15

Prior authorization

Article 16

Minimum facilities

Article 17

Customs or economic unions

Article 18

Prohibitions and restrictions

Article 19

Offences

Article 20

Exchange of information

Article 21

CHAPTER V FINAL PROVISIONS

Administrative Committee

Article 22

Settlement of disputes

Article 23

Signature, ratification and accession

Article 24

Depositary

Article 25

Entry into force

Article 26

Rescinding provision

Article 27

Convention and Annexes

Article 28

Reservations

Article 29

Territorial extension

Article 30

Denunciation

Article 31

Amendment procedure

Article 32

Acceptance of amendments

Article 33

Registration and authentic texts

Article 34

ANNEX AANNEX CONCERNING TEMPORARY ADMISSION PAPERS(ATA CARNETS AND CPD CARNETS)

CHAPTER I Definitions

Article 1

CHAPTER II Scope

Article 2

Article 3

CHAPTER III Guarantee and issue of temporary admission papers

Article 4

Article 5

Article 6

Article 7

CHAPTER IV Guarantee

Article 8

CHAPTER V Regularization of temporary admission papers

Article 9

Article 10

Article 11

CHAPTER VI Miscellaneous provisions

Article 12

Article 13

Article 14

Article 15

Article 16

Article 17

Article 18

Article 19

Appendice I de l'annexe AAppendix I to Annex A

Appendice II de l'annexe AAppendix II to Annex A

ANNEX B.1ANNEX CONCERNING GOODS FOR DISPLAY OR USE AT EXHIBITIONS, FAIRS, MEETINGS OR SIMILAR EVENTS

CHAPTER I Definition

Article 1

CHAPTER II Scope

Article 2

CHAPTER III Miscellaneous provisions

Article 3

Article 4

Article 5

Article 6

Article 7

Article 8

Article 9

ANNEX B.2ANNEX CONCERNING PROFESSIONAL EQUIPMENT

CHAPTER I Definition

Article 1

CHAPTER II Scope

Article 2

CHAPTER III Miscellaneous provisions

Article 3

Article 4

Article 5

Article 6

Article 7

Article 8

Appendix IEQUIPMENT FOR THE PRESS OR FOR SOUND OR TELEVISION BROADCASTING

Appendix IICINEMATOGRAPHIC EQUIPMENT

Appendix IIIOTHER EQUIPMENT

ANNEX B.3ANNEX CONCERNING CONTAINERS, PALLETS, PACKINGS, SAMPLES AND OTHER GOODS IMPORTED IN CONNECTION WITH A COMMERCIAL OPERATION

CHAPTER I Definitions

Article 1

CHAPTER II Scope

Article 2

Article 3

Article 4

Article 5

Article 6

Article 7

Article 8

Article 9

Appendix IList of goods pursuant to Article 2 (g)

Appendix IIProvisions concerning the marking of containers

ANNEX B.4ANNEX CONCERNING GOODS IMPORTED IN CONNECTION WITH A MANUFACTURING OPERATION

CHAPTER I Definition

Article 1

CHAPTER II Scope

Article 2

CHAPTER III Miscellaneous provisions

Article 3

Article 4

ANNEX B.5ANNEX CONCERNING GOODS IMPORTED FOR EDUCATIONAL, SCIENTIFIC OR CULTURAL PURPOSES

CHAPTER I Definitions

Article 1

CHAPTER II Scope

Article 2

CHAPTER III Miscellaneous provisions

Article 3

Article 4

Article 5

Article 6

Article 7

Article 8

Appendix IIllustrative list

Appendix IIIllustrative list

Appendix IIIIllustrative list

ANNEX B.6ANNEX CONCERNING TRAVELLERS' PERSONAL EFFECTS AND GOODS IMPORTED FOR SPORTS PURPOSES

CHAPTER I Definitions

Article 1

CHAPTER II Scope

Article 2

CHAPTER III Miscellaneous provisions

Article 3

Article 4

Article 5

Article 6

Article 7

Appendix IIllustrative list

Appendix IIIllustrative list

ANNEX B.7ANNEX CONCERNING TOURIST PUBLICITY MATERIAL

CHAPTER I Definition

Article 1

CHAPTER II Scope

Article 2

CHAPTER III Miscellaneous provisions

Article 3

Article 4

Article 5

Article 6

Article 7

AppendixIllustrative list

ANNEX B.8ANNEX CONCERNING GOODS IMPORTED AS FRONTIER TRAFFIC

CHAPTER I Definitions

Article 1

CHAPTER II Scope

Article 2

CHAPTER III Miscellaneous provisions

Article 3

Article 4

Article 5

ANNEX B.9ANNEX CONCERNING GOODS IMPORTED FOR HUMANITARIAN PURPOSES

CHAPTER I Definitions

Article 1

CHAPTER II Scope

Article 2

CHAPTER III Miscellaneous provisions

Article 3

Article 4

Article 5

ANNEX CANNEX CONCERNING MEANS OF TRANSPORT

CHAPTER I Definitions

Article 1

CHAPTER II Scope

Article 2

Article 3

Article 4

CHAPTER III Miscellaneous provisions

Article 5

Article 6

Article 7

Article 8

Article 9

Article 10

Article 11

ANNEX DANNEX CONCERNING ANIMALS

CHAPTER I Definitions

Article 1

CHAPTER II Scope

Article 2

CHAPTER III Miscellaneous provisions

Article 3

Article 4

Article 5

Article 6

Article 7

AppendixList as per Article 2

ANNEX EANNEX CONCERNING GOODS IMPORTED WITH PARTIAL RELIEF FROM IMPORT DUTIES AND TAXES

CHAPTER I Definitions

Article 1

CHAPTER II Scope

Article 2

CHAPTER III Miscellaneous provisions

Article 3

Article 4

Article 5

Article 6

Article 7

Article 8

Article 9

ANNEX IIRESERVATIONS

ANNEX IIINOTIFICATIONS

ANNEX IVACCEPTANCE OF THE RECOMMENDATIONS OF THE CUSTOMS COOPERATION COUNCIL