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25.5.2013 Official
Journal
of
the
European
Union L
139/1
II
(Non-legislative acts)
REGULATIONS
COUNCIL REGULATION (EU) No 479/2013
of 13 May 2013
on the waiver from the requirement to submit entry and exit summary declarations for Union
goods that are moved across the Neum corridor
THE COUNCIL OF THE EUROPEAN UNION,
(4) Article 43 of the Act concerning the conditions of
accession provides that the Council, acting by qualified
Having regard to the Treaty on the Functioning of the European
majority on a proposal from the Commission, is to
Union,
define the terms under which the requirement for an
entry or exit summary declaration may be waived as
Having regard to the Treaty of Accession of Croatia, and in
regards Union goods that are moved across the Neum
particular Article 3(4) thereof,
Corridor.
Having regard to the Act concerning the Conditions of
(5) According
to
Articles
36a,
36b,
182a
and
182b
of
Accession of Croatia, and in particular Article 43 thereof,
Council Regulation (EEC) No 2913/92 of 12 October
1992 establishing the Community Customs Code ( 1 )
Having regard to the proposal from the European Commission,
(‘the Community Customs Code’), goods brought into
or leaving the customs territory of the Union shall be
Whereas:
covered, in advance, by a summary declaration submitted

electronically which contains the particulars necessary for
the performance of risk analysis.
(1)
On 9 December 2011, the Member States of the Union
and Croatia signed the Treaty concerning the accession of
Croatia to the European Union (‘Treaty of Accession’). By
(6)
Given the specific characteristics of the local economy it
virtue of Article 3(3) of the Treaty of Accession it is to
is appropriate to provide for waivers from the obligation
enter into force on 1 July 2013 provided that all the
to lodge entry and exit summary declarations for Union
instruments of ratification have been deposited before
goods moved across the Neum Corridor.
that date.
(2) According
to
Article
2
of
the
Act
concerning
the (7) Customs
authorities
should
perform
risk
analysis
and
conditions of accession of Croatia and the adjustments
customs security checks on the basis of the data
to the Treaty on European Union, the Treaty on the
present on the invoice and transport documents accom
Functioning of the European Union and the Treaty Estab
panying the goods.
lishing the European Atomic Energy Community (‘the
Act concerning the conditions of accession’), from the
(8) The
current
arrangements
derogate
from
the
principle
of
date of accession, the provisions of the original Treaties
electronic pre-departure and pre-arrival submission of
and the acts adopted by the institutions before accession
safety and security data set up under the Community
shall be binding on Croatia under the conditions laid
Customs Code. In order to ensure effective and efficient
down in those Treaties and in the Act concerning the
risk analysis and controls for the purposes of safety and
conditions of accession.
security, Croatia should ensure that the border crossing
points at the Neum Corridor have the necessary human
(3)
The territory of Neum (‘Neum Corridor’) is a place where
resources, equipment and control.
the territory of Bosnia and Herzegovina reaches the
Adriatic coast, thus separating the area of Dubrovnik
from the rest of the territory of Croatia. Tourism is of
(9) Where
a
consignment
is
found
not
to
fulfil
the
significant importance for the local economy, which is
requirements of this Regulation, the consignment in
driven by small and medium-sized enterprises dependent
question should not be allowed to re-enter the territory
on supplies from the rest of the territory of Croatia. The
of Croatia unless an assessment of the risk involved has
value of such supplies usually does not exceed EUR
been carried out and effective and targeted measures
10 000 per consignment and 89 % of those goods
based upon a risk analysis have been adopted.
have the status of goods in free circulation on the
territory of Croatia.
( 1 ) OJ L 302, 19.10.1992, p. 1.

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L 139/2
EN
Official Journal of the European Union
25.5.2013
(10) In
addition to the exchange
of information for the
Article 3
purposes of safety and security as provided for under
Article 4g(2) of Commission Regulation (EEC) No
Waiver from the requirement to submit an exit or an entry
2454/93 of 2 July 1993 laying down provisions for
summary declaration
the implementation of Council Regulation (EEC) No
1. No
exit
summary
declaration
shall
be
required
for
Union
2913/92 establishing the Community Customs Code ( 1 ),
goods upon their exit.
Croatia should regularly inform the Commission under
the procedures of the Common Risk Management
2. No
entry
summary
declaration
shall
be
required
for
Union
Framework of any irregularities found and, where appli
goods upon their re-entry.
cable, of measures subsequently adopted with regard to
the movement of goods across the Neum Corridor.
Article 4
(11) An assessment for the purposes of verifying the proper
Conditions for the application of the waiver
application of this Regulation should be carried out by
the Commission not later than two years after the date of
Article 3 shall apply where the following conditions are met:
Croatia’s accession,
(a) the total value of each consignment of Union goods moved
HAS ADOPTED THIS REGULATION:
across the Neum Corridor does not exceed EUR 10 000 or
its equivalency in local currency;
Article 1
Subject matter and scope
(b) the goods referred to under point (a) of this Article are
accompanied by invoices or transport documents which:
This Regulation lays down the rules under which:
(i) include at least the particulars referred to in the first
(a) the requirement for an exit summary declaration is waived
subparagraph of Article 317(2) of Regulation (EEC) No
for Union goods exiting the territory of Croatia to be
2454/93, as well as the total value of the goods;
moved across the Neum corridor;
(ii) are endorsed with official markings by the customs
(b) the requirement for an entry summary declaration is waived
authorities upon exit;
for Union goods when they re-enter the territory of Croatia
after having moved across the Neum corridor.
(iii) are presented for verification to the customs authorities
Article 2
upon re-entry.
Definitions
Article 5
For the purposes of this Regulation, the following definitions
Customs Controls
shall apply:
1. The
risk
analysis
associated
with
the
customs
controls
(1) ‘Union goods’ means the goods defined in Article 4(7) of
applied to Union goods moved across the Neum Corridor
the Community Customs Code;
may be performed by the customs authorities through means
other than automated data-processing techniques.
(2) ‘Area of Dubrovnik’ means Dubrovnik and its surrounding
area in the territory of Croatia which is separated by the
2. Croatia
shall
ensure
that
the
border
crossing
points
at
exit
Neum corridor from the mainland territory of Croatia;
from and re-entry into its territory of goods moved through the
Neum Corridor have all the necessary resources, equipment,
(3) ‘Mainland territory of Croatia’ means the territory of Croatia
control facilities and capabilities to ensure the application of
except for the area of Dubrovnik;
this Regulation.
(4) ‘Neum Corridor’ means the area which is a part of the
territory of Bosnia and Herzegovina that separates the
3. Upon
exit,
the
customs
authorities
shall:
area of Dubrovnik from the mainland territory of Croatia;
(a) determine a time limit within which the movement of
(5) ‘Customs authorities’ means the customs authorities of
Union goods across the Neum Corridor must be completed;
Croatia at the exit and re-entry border crossing points at
the Neum Corridor;
(b) indicate that time limit together with the date of
endorsement on the invoice or transport document as
(6) ‘Exit’ means the exit of goods, either from the area of
referred to in Article 4(b)(ii);
Dubrovnik into the mainland territory of Croatia through
the Neum Corridor, or from the mainland territory of
(c) where they deem it necessary, seal the space containing the
Croatia into the area of Dubrovnik through the Neum
goods or each individual package of goods that are to be
Corridor;
moved across the Neum corridor.
(7) ‘Re-entry’ means the entry of goods into the area of
4. Upon
re-entry,
the
customs
authorities
shall:
Dubrovnik from the mainland territory of Croatia through
the Neum Corridor, or into the mainland territory of
(a) carry out risk analysis primarily for security and safety
Croatia from the area of Dubrovnik through the Neum
purposes;
Corridor.
(b) verify the invoices or transport documents accompanying
( 1 ) OJ L 253, 11.10.1993, p. 1.
the goods;

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EN
25.5.2013 Official
Journal
of
the
European
Union L
139/3
(c) check compliance with the time limit referred to in
Article 6
paragraph (3)(a) of this Article;
Information
(d) check the integrity of seals, when affixed in accordance with
Croatia shall inform the Commission about any irregularities
paragraph (3)(c) of this Article;
found as regards the application of this Regulation as well as
concrete measures that have been taken in order to remedy
(e) where appropriate, physically examine the goods;
those irregularities at any time but no later than 1 March 2014.
(f) remove seals as appropriate.
Article 7
Report
5. Where
the
customs
authorities
establish
that
conditions
referred to in Article 4 have not been complied with, they
The Commission shall submit a report to the Council providing
shall allow the re-entry of such a consignment if:
an assessment of the application of this Regulation no later than
two years after the date of accession of Croatia.
(a) an effective risk analysis has been carried out;
Article 8
(b) on the basis of the results of the risk analysis referred to in
Entry into force
point (a), the customs authorities have adopted effective
measures specifically targeted to prevent risks related to
This Regulation shall enter into force subject to, and as from
safety and security.
the date of the entry into force of the Treaty of Accession.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 13 May 2013.
For the Council
The President
S. COVENEY

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