Article 5 Imports in the process of shipment to the Community

This Regulation shall not apply to products in the process of shipment to the Community within the meaning of paragraph 2.

Products shall be deemed to be in the process of shipment to the Community if they:

• left the country of origin before the date this Regulation begins to apply, and

• are shipped from the place of loading in the country of origin to the place of unloading in the Community under cover of a valid transport document issued before the date this Regulation begins to apply.

The parties concerned shall provide, to the satisfaction of the customs authorities, proof that the conditions laid down in paragraph 2 have been met.

However, the authorities may regard the products as having left the country of origin before the date this Regulation begins to apply if one of the following documents is provided:

• in the case of transport by sea, the bill of lading showing that loading took place before that date,

• in the case of transport by rail, the consignment note that was accepted by the railway authorities in the country of origin before that date,

• in the case of transport by road, the CMR contract for the carriage of goods or any other transport document issued in the country of origin before that date,

• in the case of transport by air, the air consignment note showing that the airline took the products over before that date.