Council Directive 2009/132/EC of 19 October 2009 determining the scope of Article 143(b) and (c) of Directive 2006/112/EC as regards exemption from value added tax on the final importation of certain goods (codified version)
EU Directive 2009/132 · Adopted 19 October 2009 · Extends to United Kingdom
Council Directive 2009/132/EC
of 19 October 2009
determining the scope of Article 143(b) and (c) of Directive 2006/112/EC as regards exemption from value added tax on the final importation of certain goods
(codified version)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Articles 93 and 94 thereof,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Parliamentf1,
Having regard to the opinion of the European Economic and Social Committeef2,
Whereas:
(1)
Council Directive 83/181/EEC of 28 March 1983 determining the scope of Article 14(1)(d) of Directive 77/388/EEC as regards exemption from value added tax on the final importation of certain goodsf3 has been substantially amended several timesf4. In the interests of clarity and rationality the said Directive should be codified.
(2)
Pursuant to Article 131 and Article 143(b) and (c) of Council Directive 2006/112/EC of 28 November 2006 on the common system of value added taxf5, Member States are, without prejudice to other Community provisions and under conditions which they shall lay down for the purpose, inter alia, of preventing any possible evasion, avoidance or abuse, to exempt final importation of goods qualifying for exemption from customs duties other than as provided for in the Common Customs Tariff.
(3)
Pursuant to Article 145 of Directive 2006/112/EC, the Commission is required to submit to the Council proposals designed to lay down Community tax rules clarifying the scope of the exemptions referred to in Articles 143 and 144 of that Directive and detailed rules for their implementation.
(4)
While it is deemed desirable to achieve the greatest possible degree of uniformity between the system for customs duties and that for value added tax, account should be taken, nevertheless, in applying the latter system, of the differences as regards objective and structure between customs duties and value added tax.
(5)
Separate arrangements for value added tax should be laid down for imported goods to the extent necessary to comply with the objectives of tax harmonisation. The exemptions on importation can be granted only on condition that they are not liable to affect the conditions of competition on the market.
(6)
Certain reliefs applied in the Member States stem from conventions between those Member States and third countries which, given their purpose, concern only the signatory Member States. It is not expedient to define at Community level conditions for granting such reliefs. The Member States concerned need merely be authorised to retain them.
(7)
This Directive should be without prejudice to the obligations of the Member States relating to the time limits for transposition into national law of the Directives set out in Annex II, Part B,
HAS ADOPTED THIS DIRECTIVE:
Annotations to the whole text
Footnotes
- f1
-
Opinion of 11 March 2009 (not yet published in the Official Journal).
- f2
- f3
- f4
-
See Annex II, Part A.
- f5
Contents
- Title I: SCOPE AND DEFINITIONS
- 1Article 1
- 2Article 2
- Title II: IMPORTATION OF PERSONAL PROPERTY BELONGING TO INDIVIDUALS COMING FROM THIRD OUNTRIES OR THIRD TERRITORIES
- Chapter 1: Personal property of natural persons transferring their normal place of residence to the Community
- 3Article 3
- 4Article 4
- 5Article 5
- 6Article 6
- 7Article 7
- 8Article 8
- 9Article 9
- 10Article 10
- 11Article 11
- Chapter 2: Goods imported on the occasion of a marriage
- 12Article 12
- 13Article 13
- 14Article 14
- 15Article 15
- 16Article 16
- Chapter 3: Personal property acquired by inheritance
- 17Article 17
- 18Article 18
- 19Article 19
- 20Article 20
- Title III: IMPORTATION OF SCHOOL OUTFITS, EDUCATIONAL MATERIALS AND RELATED HOUSEHOLD EFFECTS
- 21Article 21
- 22Article 22
- Title IV: IMPORTS OF NEGLIGIBLE VALUE
- 23Article 23
- 24Article 24
- Title V: CAPITAL GOODS AND OTHER EQUIPMENT IMPORTED ON THE TRANSFER OF ACTIVITIES
- 25Article 25
- 26Article 26
- 27Article 27
- 28Article 28
- 29Article 29
- Title VI: IMPORTATION OF CERTAIN AGRICULTURAL PRODUCTS AND PRODUCTS INTENDED FOR AGRICULTURAL USE
- Chapter 1: Products obtained by Community farmers on properties located in third countries or third territories
- 30Article 30
- 31Article 31
- 32Article 32
- 33Article 33
- Chapter 2: Seeds, fertilisers and products for the treatment of soil and crops
- 34Article 34
- 35Article 35
- Title VII: IMPORTATION OF THERAPEUTIC SUBSTANCES, MEDICINES, LABORATORY ANIMALS AND BIOLOGICAL OR CHEMICAL SUBSTANCES
- Chapter 1: Laboratory animals and biological or chemical substances intended for research
- 36Article 36
- Chapter 2: Therapeutic substances of human origin and blood-grouping and tissue-typing reagents
- 37Article 37
- 38Article 38
- 39Article 39
- Chapter 3: Reference substances for the quality control of medical products
- 40Article 40
- Chapter 4: Pharmaceutical products used at international sports events
- 41Article 41
- Title VIII: GOODS FOR CHARITABLE OR PHILANTHROPIC ORGANISATIONS
- Chapter 1: General provision
- 42Article 42
- Chapter 2: Goods imported for general purposes
- 43Article 43
- 44Article 44
- 45Article 45
- 46Article 46
- 47Article 47
- Chapter 3: Articles imported for the benefit of handicapped persons
- 48Article 48
- 49Article 49
- 50Article 50
- Chapter 4: Goods imported for the benefit of disaster victims
- 51Article 51
- 52Article 52
- 53Article 53
- 54Article 54
- 55Article 55
- 56Article 56
- 57Article 57
- Title IX: IMPORTATION IN THE CONTEXT OF CERTAIN ASPECTS OF INTERNATIONAL RELATIONS
- Chapter 1: Honorary decorations or awards
- 58Article 58
- Chapter 2: Presents received in the context of international relations
- 59Article 59
- 60Article 60
- 61Article 61
- Chapter 3: Goods to be used by monarchs or heads of State
- 62Article 62
- Title X: IMPORTATION OF GOODS FOR THE PROMOTION OF TRADE
- Chapter 1: Samples of negligible value
- 63Article 63
- Chapter 2: Printed matter and advertising material
- 64Article 64
- 65Article 65
- 66Article 66
- Chapter 3: Goods used or consumed at a trade fair or similar event
- 67Article 67
- 68Article 68
- 69Article 69
- 70Article 70
- 71Article 71
- Title XI: GOODS IMPORTED FOR EXAMINATION, ANALYSIS OR TEST PURPOSES
- 72Article 72
- 73Article 73
- 74Article 74
- 75Article 75
- 76Article 76
- 77Article 77
- 78Article 78
- Title XII: MISCELLANEOUS IMPORTS
- Chapter 1: Consignments sent to organisations protecting copyrights or industrial and commercial patent rights
- 79Article 79
- Chapter 2: Tourist information literature
- 80Article 80
- Chapter 3: Miscellaneous documents and articles
- 81Article 81
- Chapter 4: Ancillary materials for the stowage and protection of goods during their transport
- 82Article 82
- Chapter 5: Litter, fodder and feedingstuffs for animals during their transport
- 83Article 83
- Chapter 6: Fuels and lubricants present in land motor vehicles and special containers
- 84Article 84
- 85Article 85
- 86Article 86
- 87Article 87
- 88Article 88
- Chapter 7: Goods for the construction, upkeep or ornamentation of memorials to, or cemeteries for, war victims
- 89Article 89
- Chapter 8: Coffins, funerary urns and ornamental funerary articles
- 90Article 90
- Title XIII: GENERAL AND FINAL PROVISIONS
- 91Article 91
- 92Article 92
- 93Article 93
- 94Article 94
- 95Article 95
- 96Article 96
- 97Article 97
- 98Article 98
- Signature
- Annex IAnnex I
- Annex II
- APart A
- BPart B
- Annex IIIAnnex III