HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"L 294/40
EN
Official Journal of the European Union
6.11.2013
COMMISSION IMPLEMENTING REGULATION (EU) No 1099/2013
of 5 November 2013
amending Regulation (EEC) No 2454/93 laying down provisions for the implementation of Council
Regulation (EEC) No 2913/92 establishing the Community Customs Code (enhancement of regular
shipping services)
THE EUROPEAN COMMISSION,
(6) Before
issuing
an
authorisation
for
a
regular
shipping
service, the authorising customs authority is required to
Having regard to the Treaty on the Functioning of the European
consult the customs authorities of the other Member
Union,
States concerned by that service. If, after having been
granted authorisation, the holder of such authorisation
(hereinafter the ‘holder’) subsequently wishes to extend
Having regard to Council Regulation (EEC) No 2913/92 of
the service to other Member States, further consultations
12 October 1992 establishing the Community Customs
would be required with the customs authorities of such
Code ( 1 ), and in particular Article 247 thereof,
Member States. To avoid in as much as possible the need
to hold further consultations after the authorisation has
Whereas:
been granted, it should be provided that shipping
companies applying for authorisation may, in addition
to listing the Member States actually concerned by the
(1) Key
action
2
of
the
Communication
from
the
Commission to the European Parliament, the Council,
service, also specify Member States which could poten
the European Economic and Social Committee and the
tially be concerned for which they declare that they have
Committee of the regions ‘Single Market Act II, Together
plans for future services.
for new growth’ ( 2 ) calls for the establishment of a true
Single Market for maritime transport by no longer
subjecting Union goods transported between Union
(7)
Since 2010, a period of 45 days has been allowed for the
seaports to administrative and customs formalities that
consultation of the customs authorities of other Member
apply to goods arriving from overseas ports.
States. However, experience has shown that this period is
unnecessarily long and should be reduced.
(2) To
this
end,
the
Commission
committed
itself
to
tabling
a ‘Blue Belt’ package with legislative and non-legislative
initiatives to reduce the administrative burden on
(8)
The use of an electronic information and communication
operators engaging in intra-Union maritime transport
system has rendered Annex 42A of Regulation (EEC) No
to a level that is comparable to that of other modes of
2454/93 redundant.
transport (air, rail and road).
(9)
At the request of the holder, authorisations for regular
(3) This
Regulation
forms
part
of
the
Blue
Belt
package.
shipping services existing before the entry into force of
this Regulation should be reviewed to take into account
(4) According
to
Article
313(2)(a)
of
Commission
Regulation
any Member States which could potentially be concerned
(EEC) No 2454/93 ( 3 ), goods brought into the customs
for which the holder declares that he has plans for future
territory of the Community in accordance with Article 37
services.
of Regulation (EEC) No 2913/92 shall not be deemed to
be Community goods unless it is established that they
have Community status.
(10) The electronic information and communication system
currently used to store information and to notify the
(5) Article
313(3)(b)
of
Regulation
(EEC)
No
2454/93
customs authorities of other Member States about
provides that goods shipped between ports in the
regular shipping service authorisations is not the
customs territory of the Community by an authorised
system referred to in Article 14x of Regulation (EEC)
regular shipping service shall be considered to be
No 2454/93. The references to this system should be
Community goods, unless established otherwise.
corrected.
Regular shipping service vessels may also transport
non-Community goods, provided they are placed under
the external Community transit procedure. In addition,
(11) Regulation (EEC) No 2454/93 should therefore be
the use of a regular shipping service for the transport of
amended accordingly.
non-Community goods is without prejudice to the appli
cation of controls for other purposes, including those
relating to animal, public or plant health risks.
(12) The
changes
in
the
length
of
the
period
allowed
for
the
consultation of the customs authorities of other Member
( 1 ) OJ L 302, 19.10.1992, p. 1.
States and in the number of Member States which may
( 2 ) COM(2012) 573 final, 3.10.2012.
be specified in the application require changes to the
( 3 ) Commission Regulation (EEC) No 2454/93 of 2 July 1993 laying
electronic regular shipping services information and
down provisions for the implementation of Council Regulation
(EEC) No 2913/92 establishing the Community Customs Code (OJ
communication system and a deferred application of
L 253, 11.10.1993, p. 1).
the relevant provisions of this Regulation.

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EN
6.11.2013 Official
Journal
of
the
European
Union L
294/41
(13) The
measures
provided
for
in
this
Regulation
are
in
(iii) In the second sub-paragraph, the words ‘the elec
accordance with the opinion of the Customs Code
tronic information and communication system
Committee,
referred to in Article 14x’ are replaced by ‘the elec
tronic regular shipping services information
HAS ADOPTED THIS REGULATION:
and communication system referred to in
paragraph 2a.’,
Article 1
Regulation (EEC) No 2454/93 is amended as follows:
(iv) In the third sub-paragraph, the words ‘the electronic
information and communication system referred to
(1) Article 313b is amended as follows:
in Article 14x’ are replaced by ‘the
electronic regular shipping services information
(a) The following paragraph 2a is inserted after
and communication system referred to in
paragraph 2:
paragraph 2a.’;
‘2a. The
Commission
and
the
customs
authorities
of (2) In the second sub-paragraph of Article 313c(2), the words
the Member States shall, using an electronic regular
‘the electronic information and communication system
shipping services information and communication
referred to in Article 14x’ are replaced by ‘the electronic
system, store and have access to the following
regular shipping services information and communication
information:
system referred to in Article 313b(2a).’;
(a) the data of the applications;
(3) In the first sub-paragraph of Article 313d(2), the words ‘the
electronic information and communication system referred
(b) the regular shipping service authorisations and,
to in Article 14x’ are replaced by ‘the electronic regular
where applicable, their amendment or revocation;
shipping services information and communication system
referred to in Article 313b(2a).’;
(c) the names of the ports of call and the names of the
vessels assigned to the service;
(4) In Article 313f(2), the words ‘the electronic information and
communication system referred to in Article 14x’ are
(d) all other relevant information.’,
replaced by ‘the electronic regular shipping services
information and communication system referred to in
(b) paragraph 3 is amended as follows:
Article 313b(2a).’;
(i) the first subparagraph is replaced by the following:
(5) Annex 42A is deleted.
‘The application for an authorisation for a regular
shipping services shall specify the Member States
Article 2
actually concerned by the service and may specify
The authorising customs authorities shall, at the request of the
Member States which could potentially be
holder, review authorisations for regular shipping services which
concerned for which the applicant declares that he
already exist on the date of application of this Regulation laid
has plans for future services. The customs auth
down in the second paragraph of Article 3 in order to take into
orities of the Member State to whom the appli
account Member States which could potentially be concerned
cation has been made (the authorising customs
for which the holder declares that he has plans for future
authority) shall notify the customs authorities of
services.
the other Member States actually or potentially
concerned by the shipping service (the
Article 3
corresponding customs authorities) through the
electronic regular shipping services information
This Regulation shall enter into force on the twentieth day
and communication system referred to in
following that of its publication in the Official Journal of the
paragraph 2a.’
European Union.
(ii) In the second sub-paragraph, ‘45’ is replaced
Point 1 (b) (i) and (ii) of Article 1 shall apply from 1 March
by ‘15’,
2014.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 5 November 2013.
For the Commission
The President
José Manuel BARROSO

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Document Outline

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