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Official Journal of the European Union
18.6.2013
REGULATION (EU) No 528/2013 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 12 June 2013
amending Regulation (EC) No 450/2008 laying down the Community Customs Code (Modernised
Customs Code) as regards the date of its application
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
No 2913/92 would be repealed. That would generate
EUROPEAN UNION,
legal uncertainty about the customs legislation actually
applicable as from that date, and would be an obstacle
Having regard to the Treaty on the Functioning of the European
to maintaining a comprehensive and consistent Union
Union, and in particular Articles 33, 114 and 207 thereof,
legal framework for customs matters pending the
Having regard to the proposal from the European Commission,
adoption of the proposed Regulation.
After transmission of the draft legislative act to the national
(3)
In order to prevent such serious difficulties relating to the
parliaments,
customs legislation of the Union and to provide the
European Parliament and the Council with adequate
Having regard to the opinion of the European Economic and
time to complete the process of adoption of the recast
Social Committee ( 1 ),
of the Union Customs Code, the final date of application
Acting in accordance with the ordinary legislative procedure ( 2 ),
of Regulation (EC) No 450/2008, as laid down in the
second subparagraph of Article 188(2) thereof, should be
Whereas:
postponed. The new date of application considered
(1) Regulation
(EC)
No
450/2008
of
the
European
appropriate for that purpose is 1 November 2013.
Parliament and of the Council of 23 April 2008 laying
(4)
In view of the urgency of the matter, an exception to the
down the Community Customs Code (Modernised
eight-week period referred to in Article 4 of Protocol No
Customs Code) ( 3 ) is intended to replace Council Regu
1 on the role of national Parliaments in the European
lation (EEC) No 2913/92 of 12 October 1992 estab
Union, annexed to the Treaty on European Union, to the
lishing the Community Customs Code ( 4 ). Regulation
Treaty on the Functioning of the European Union and
(EC) No 450/2008 entered into force on 24 June
the Treaty establishing the European Atomic Energy
2008, but is to be applicable, in accordance with
Community, should apply.
Article 188(2) thereof, only once its implementing
provisions are applicable, and on 24 June 2013 at the
(5) Regulation
(EC)
No
450/2008
should
therefore
be
latest.
amended accordingly,
(2) On
20
February
2012,
the
Commission
submitted
to
the HAVE ADOPTED THIS REGULATION:
European Parliament and the Council a proposal for a
Regulation laying down the Union Customs Code, in the
Article 1
form of a recast of Regulation (EC) No 450/2008, in
order to replace it before its final date of application of
In the second subparagraph of Article 188(2) of Regulation (EC)
24 June 2013. However, the ordinary legislative
No 450/2008, the date of '24 June 2013' is replaced by that of
procedure cannot be completed in time for the
'1 November 2013'.
adoption and entry into force of that proposed Regu
Article 2
lation before that date. In the absence of any corrective
legislative action, Regulation (EC) No 450/2008 would
This Regulation shall enter into force on the day following that
therefore apply on 24 June 2013 and Regulation (EEC)
of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Strasbourg, 12 June 2013.
For the European Parliament
For the Council
The President
The President
M. SCHULZ
L. CREIGHTON
( 1 ) Opinion of 22 May 2013 (not yet published in the Official Journal).
( 2 ) Position of the European Parliament of 23 May 2013 (not yet
published in the Official Journal) and decision of the Council of
10 June 2013.
( 3 ) OJ L 145, 4.6.2008, p. 1.
( 4 ) OJ L 302, 19.10.1992, p. 1.

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