委员会决定 94/844/EC,建立海关官员关于特惠系统、集装箱管理、关税控制程序和仓库制度的具体的公共职业培训计划(马特乌斯计划)

技术法规类型:欧盟Eurlex法规 来源:tbtmap

EURLEX ID:31994D0844

OJ编号:OJ L 352, 31.12.1994, p. 29-37

中文标题:委员会决定 94/844/EC,建立海关官员关于特惠系统、集装箱管理、关税控制程序和仓库制度的具体的公共职业培训计划(马特乌斯计划)

原文标题:94/844/EC: Commission Decision of 19 December 1994 establishing specific common programmes for the vocational training of customs officials, with regard to preferential systems, the control of containers, processing under customs control, and warehouse regimes (Matthaeus programme)

分类:16.30_教育和培训

文件类型:二级立法 Decision|决定

生效日期:1994-12-20

废止日期:2058-12-31

法规全文:查看欧盟官方文件

EUR-Lex - 31994D0844 - EN
| EUROPA > EUR-Lex > ID celex

31994D0844


Title and reference

94/844/EC: Commission Decision of 19 December 1994 establishing specific common programmes for the vocational training of customs officials, with regard to preferential systems, the control of containers, processing under customs control, and warehouse regimes (Matthaeus programme)

OJ L 352, 31.12.1994, p. 29‘�7 (ES, DA, DE, EL, EN, FR, IT, NL, PT)
Finnish special edition: Chapter 16 Volume 3 P. 0003
Swedish special edition: Chapter 16 Volume 3 P. 0003

DA DE EL EN ES FR IT NL PT

Text

BG ES CS DA DE ET EL EN FR GA IT LV LT HU MT NL PL PT RO SK SL FI SV
html html html html html html html html html html html
tiff tiff tiff tiff tiff tiff tiff tiff tiff

Authentic language

  • The official languages

Dates

    of document: 19/12/1994
    of notification: 20/12/1994
    of effect: 20/12/1994; Entry into force Date notif.
    of effect: 01/01/1995; Implementation See Art 7
    end of validity: 99/99/9999

Classifications

Miscellaneous information

  • Author:
    European Commission
  • Form:
    Decision sui generis
  • Addressee:
    The Member States

Relationship between documents

Text

Bilingual display: DA DE EL EN ES FI FR IT NL PT SV

COMMISSION DECISION of 19 December 1994 establishing specific common programmes for the vocational training of customs officials, with regard to preferential systems, the control of containers, processing under customs control, and warehouse regimes (Matthaeus programme) (94/844/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to the Council Decision 91/341/EEC of 20 June 1991, on the adoption of a community programme of action on the subject of vocational training of customs officials (Matthaeus programme) (1), and in particular Article 9 thereof,

Whereas under the terms of Article 4c of Decision 91/341/EEC, the Commission is called on to establish common vocational training programmes for customs officials;

Whereas these common programmes are essential in order to achieve the objectives pursued by the Matthaeus programme and, in particular, that concerned with the uniform application of Community law at the external frontiers of the Community;

Whereas those common programmes are rendered necessary by the diversity of teaching currently given in the customs schools of the Members States;

Whereas a common vocational programme for officials in initial training has already been adopted by Commission Decision 92/39/EEC (2);

Whereas specific common further training and specialized programmes, carried out in the customs schools in conjunction with the initial common programme, will reinforce the establishment of an identical training in customs matters throughout the Community;

Whereas such specific common programmes will concern officials already having had some vocational experience;

Whereas three specific common programmes of development and specialization regarding inward processing, temporary admission and transit have already been adopted by Commission Decision 93/15/EEC (3);

Whereas four specific common programmes relating to preferential systems, the control of containers, processing under customs control and warehouse regimes are necessary;

Whereas this necessity arises from, on the one hand, the economic importance of preferential regimes, processing under customs control and customs warehousing and, on the other hand, the priority for the fight against fraud of the control of containers;

Whereas, the teaching of these programmes will assist the uniform application in the Community of the customs rules and assure the proper functioning of the single market;

Whereas the officials to whom these specific common programmes will be given must, through their work experience, be able to derive full benefit from the programmes and thereby ensure better application of the relevant community customs law and a more effective fight against fraud in the future;

Whereas the measures provided for in this Decision are in accordance with the opinion of the Matthaeus Committee,

HAS ADOPTED THIS DECISION:

Article 1

Two specific common programmes, hereinafter referred to as 'specific programmes', intended for customs officials and the contents of which are described respectively in Annexes I, II, III and IV, shall be put into effect in the customs schools of the Member States.

Article 2

For the purpose of this Decision:

(1) 'customs school' means all establishments in which teaching relating to vocational training is given to customs officials;

(2) 'officials already having training experience' means officials who have already received initial training within the meaning of point 2 of Article 2 of Decision 92/39/EEC or alternatively those officials possessing sufficient general customs knowledge to be able to study in depth the matters considered in the specific programmes.

Article 3

The specific programmes are intended for customs officials responsible for the application of that part of the Community law covered by these programmes or in the fight against fraud in containers and already having vocational experience; wherever they carry out their tasks.

Article 4

The teaching of the specific programmes must be spread over a period adequate to allow the trained officials to be fully operational in the future application of the systems concerned and the control of containers.

Article 5

Each Member State shall send to the Commission the arrangements and methods used for the application of the specific programmes.

Article 6

The application of the specific programmes does not prevent the teaching of supplementary national programmes in customs schools.

Article 7

This Decision applies from 1 January 1995.

Article 8

This Decision is addressed to the Member States.

Done at Brussels, 19 December 1994.

For the Commission

Christiane SCRIVENER

Member of the Commission

(1) OJ No L 187, 13. 7. 1991, p. 41.

(2) OJ No L 16, 23. 1. 1992, p. 14.

(3) OJ No L 10, 16. 1. 1993, p. 19.

ANNEX I

Specific programme: Preferential systems (origin of goods) 1. GENERAL CONSIDERATIONS

Effect of preferential arrangements in terms of custom's duty, basic conditions for the establishment of correct duty.

2. EEC PREFERENTIAL ARRANGEMENTS APPLYING TO THIRD COUNTRIES OR GROUPS OF COUNTRIES.

2.1. Review of the preferential systems and their legal basis, such as those in the agreements or autonomous actions of the Community:

- EC-Central and Eastern European countries; EC-Turkey; EC-EFTA (EEA); EC-Mediterranean countries; Overseas countries and territories; EC-ACP countries; PTOM, SPG.

2.2. The field of application of preferential systems applies according to the products.

The conditions of granting preference under different preferential systems.

The criteria which may be used for the application of a preferential regime: origin and free circulation (Turkey).

Nature of goods for free circulation and the nature of original goods: Scope and significance of the measures of granting preference.

3. DETERMINING THE ORIGIN OF GOODS

3.1. The legal basis for determining the origin of preferential goods ('origin' protocols for the various conventional preferential systems, Community Customs Code (Article 27) and the conditions of application (Article 66 onwards)).

Differentiation when dealing with the Community Customs Code (Articles 22 to 26) and the conditions of application regarding the origin within the EC; field of application of these texts (legislation applicable to external business); recognition of the nature of origin by virtue of the Community Customs Code (Articles 22 to 26) and the conditions of application (Articles 23 and 24 of the Community Customs Code and 35 to 65 of the conditions of application). Regulations of a particular priority of the recognition of the nature of origin within the preferential systems.

3.2. Origin criteria under the preferential origin rules ('Origin' protocol; Community Customs Code Article 27) and the conditions of application (Articles 66 onwards).

3.2.1. Territory rule when obtaining the origin of the products.

3.2.2. Goods wholly produced in the preferential country.

3.2.3. Sufficient working or processing of goods in the preferential country (change of tariff heading, rules defined in this lists, for example, percentage of value, specific work, minimum processing, goods presented in consignments, etc. . . ).

3.2.4. Culmination rules.

4. DIRECT TRANSPORT

5. RULES OF NO-DRAWBACK (EC-TURKEY, EFTA, ISRAEL, THE FAROE ISLANDS)

6. DOCUMENTARY PROOF OF PREFERENTIAL ORIGIN

6.1. Formal proof under the various preferential systems.

(EUR1, EUR2, Formula A, Formula APR, declarations on invoices).

Simplified procedures for 'authorized exporters'.

Special rules applying to passengers' baggage and small consignments.

6.2. Providing documentary evidence of the proof of origin.

6.2.1. Competent offices.

6.2.2. Knowledge of pre-authentication (declaration by the suppliers INF4, Council Regulation (EEC) No 3351/83 of 14 November 1983 (1)).

6.2.3. Deferred presentation.

6.2.4. Duplicate.

6.2.5. Replacement certificates.

6.3. Presentation and recognition of documents of proof of origin.

6.3.1. Verification of the proof of origin documents (time-limit for presentation, binding evidence, administrative cooperation, requests for post clearance verification).

6.3.2. Deferred presentation of proof of origin.

(1) OJ No L 339, 5. 12. 1983, p. 19.

ANNEX II

Specific programme: control of containers 1. GENERAL

1.1. Background.

1.2. The 1972 Convention concerning containers.

1.3. Technical terminology and the construction of containers.

1.4. Types of containers.

1.5. Coding, identification and marking.

1.6. Temporary admission concerning containers (See the specific common programme on temporary admission adopted by Commission Decision 93/15/EEC).

1.7. The transportation of containers and simplified procedures on arrival and departure.

2. ORGANIZATION OF TRANSPORT BY CONTAINERS

2.1. Logistics. Various methods.

2.2. Port and sea professions.

2.3. Responsibility.

2.4. Transport agreements.

2.5. Types of goods.

2.6. Documents:

bills of lading,

manifests.

3. THE OCCURRENCE OF FRAUD IN CONTAINERS

3.1. The cost and contingency techniques of physical examinations.

3.2. Major fraud risks:

- false declarations of value (cost of transport, insurance etc),

- false declarations of quantity (weight, varied incidences etc),

- concealed freight (particularly drugs).

3.3. Methods of fraud with regard to concealed freight.

4. COMBATING FRAUD (INCLUDING DRUGS)

4.1. Documentary examination

4.1.1. Ensuring consistency of the documents attached to the declaration (invoices, loading lists, etc).

4.1.2. Examination of the transport:

- study of the journey,

- the identity of the owners and intervening parties.

4.1.3. The methodology of targeting.

4.1.4. Combating fraud and international cooperation:

- SCENT,

- international and national organizations (police, Interpol, German customs intelligence etc),

- messages from within the European Community.

4.2. Physical checks

4.2.1. Physical examination.

4.2.1.1. Internal and external examination of containers and detailed checks of the goods.

4.2.1.2. Examination on departure.

4.2.1.3. Examination on arrival.

4.2.1.4. Examination reports.

4.2.1.5. Complementary examination.

4.2.1.6. The costs in the event of physical examination.

4.2.1.7. Security measures to be taken.

4.2.2. The search for concealed freight.

4.2.2.1. Examination of containers in the appropriate place.

4.2.2.2. Security measures to be taken.

4.2.2.3. Identification of containers.

4.2.2.4. External control. Special attention to the fraudulent practices concerning the modifications of containers: concealed compartments, seals, etc.

4.2.2.5. Internal control.

4.2.2.6. Control of loading.

4.2.2.7. Teamwork.

ANNEX III

Specific programme: processing under customs control 1. LEGAL BASIS AND DEFINITIONS

2. CONDITIONS FOR USE OF THE PROCEDURE

2.1. When the procedure can be used (Article 131 of the Code).

2.2. Economic and other conditions (Article 133 of the Code).

2.3. Issue of authorization and time-limit for assigning processed products to a customs-approved treatment or use.

3. THE CUSTOMS FORMALITIES

3.1. Entry for the procedure:

- declaration,

- provision of a security.

3.2. Discharge of the procedure:

- permitted customs-approved treatment or use,

- release for free circulation.

3.3. Items of change (Article 135 of the Code); application of tariff provisions (Article 136 of the Code); waiver of commercial policy measures (Article 136 of the Code).

4. SUPERVISION OF THE PROCEDURE (processing only, not release for free circulation)

4.1. Inspection of the goods and checking of documents.

4.2. Exchange of information between the Commission and the Member States.

ANNEX IV

Specific programme: customs warehouses INTRODUCTION

Definition

1. THE CUSTOMS WAREHOUSE

1.1. General - presentation - distinction between place and procedure

1.1.1. References: Community Customs Code Articles 98-113. Customs Code Implementing Provisions Articles 503-548

1.1.2. Principles:

- warehousing: distinction from temporary storage,

- unlimited duration,

- admissibility of all non-Community goods (except on grounds of public order, public security and morality).

1.1.3. Persons concerned:

- warehousekeeper,

- depositor.

1.2. Types of warehouse.

1.2.1. Public warehouses: types A, B and F.

1.2.2. Private warehouses: types C, D and E.

1.3. Conditions for authorization to operate a customs warehouse.

1.3.1. Requirement to demonstrate an economic need for warehousing.

1.3.2. Personal conditions.

1.3.3. Approval of premises (except type E).

1.3.4. Issue of the authorization.

1.3.5. Provision of a security.

1.3.6. Keeping of stock records.

2. OPERATION OF THE PROCEDURE FOR NON-COMMUNITY GOODS

2.1. Formalities for entry for and discharge of the customs warehousing procedure.

2.1.1. Entry for the procedure:

- normal procedure,

- simplified procedure:

- incomplete declaration,

- commercial or administrative document,

- entry in the accounts (without presentation).

2.1.2. Discharge of the procedure:

- permitted customs-approved treatment or uses,

- procedure:

- normal procedure,

- simplified procedure:

- incomplete declaration,

- commercial or administrative document,

- entry in the accounts (without presentation).

2.2. Facilities: requirement for authorization.

2.2.1. Common storage of goods with different customs status.

2.2.2. Usual forms of handling.

2.2.3. Temporary removal.

2.2.4. Transfer of goods between warehouses without termination of the procedure.

3. CUSTOMS WAREHOUSING OF COMMUNITY AGRICULTURAL GOODS

3.1. Entry.

3.2. Stock records.

3.3. Handling.

3.4. Discharge.

3.5. Non-acceptance and invalidation of declarations.

4. USE OF A CUSTOMS WAREHOUSE WITHOUT ENTRY OF GOODS FOR THE PROCEDURE

4.1. Non-Community goods imported for procedures than warehousing.

4.2. Community goods other than agricultural goods.

4.3. Community agricultural goods for processing.

5. CONTROLS

5.1. Checking of stock records:

- cross-checking,

- monthly statements.

5.2. Inspection of goods and stocks.

5.3. Controlling operation of the procedure and any facilities (see point 2.2).

5.4. Drawing up control schedules.

Top

托管标准,您可以接收以下服务:

1 标准定期系统查新,若有最新版本,会以站内短信或邮件的形式通知用户;

2 随时在标准托管页面中查看到该条标准的最新状态;

3 若用户有在学习和科研中的需要,可以在标准托管页面中试阅标准;

4 企业如果需要上新产品,我院及时提供标准查询、采购等方面的支持;

5 为企业在标准制修订、企业良好行为创建以及标准化试点过程中遇到的困难,可联系我院指定相关专家负责进行指导帮助、提供政策咨询;

6 为企业提供标准化政策的解读、标准化知识的推广培训、标准自我公开声明、标准文献的免费查询、企业标准化体系建设等方面的标准化服务;

进入企业标准托管

您可以通过编辑查新模板,批量查询指定标准集的最新情况。我们会通过查询,向您展示您所查询标准的:

1. 准确的标准号及标准名称(我们通过人工智能技术对您提交的标准号进行自动纠正)

2. 标准的最新状态(现行、废止或未发布)

3. 若标准已废止并被新标准替代,会反馈被替代的标准

4. 若您已托管此标准,便可以实时跟踪这个标准的最新状态

标准查新 模板下载

您可以在这里检索全球超过140万条标准,支持上百个国内国际标准组织的标准查询。您也可以在这里检索国内各类国家、部委和地方的法律法规。

更多标准子库在持续建设中。

标准检索

标准资讯点击排行榜 全部

资讯标题点击

[[ n.title ]] [[ n.read ]]

大连标准化公共服务平台

版权:大连标准化研究院有限公司

地址:大连市中山区高原街56号

电话:0411-82740851

大连标准