Council Regulation (EC) No 1186/2009 of 16 November 2009 setting up a Community system of reliefs from customs duty (codified version)
EU Regulation No 1186/2009 · Adopted 16 November 2009 · Extends to United Kingdom
Council Regulation (EC) No 1186/2009
of 16 November 2009
setting up a Community system of reliefs from customs duty
(codified version)
C1THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Articles 26, 37 and 308 thereof,
Having regard to the proposal from the Commission,
Having regard to the Opinion of the European Parliamentf1,
Whereas:
(1)
(2)
In the absence of a specific measure of derogation adopted in accordance with the provisions of the Treaty, Common Customs Tariff duties are applicable to all goods imported into the Community. The same is true in the case of agricultural levies and all other import charges laid down under the common agricultural policy or the specific arrangements applicable to certain goods resulting from the processing of agricultural products.
(3)
However, in certain well-defined circumstances, where by virtue of the special conditions under which goods are imported the usual need to protect the economy is absent, such taxation is not justified.
(4)
It is desirable that in such circumstances arrangements be made, as they have been traditionally in most systems of customs rules, to allow goods to enjoy relief from the application of import duties to which they would normally be liable.
(5)
Such relief arrangements may also be the result of multilateral international conventions to which all or some of the Member States are contracting parties. While the Community should apply such conventions, this presupposes the introduction of Community rules on reliefs from customs duties designed, in accordance with the requirements of the Customs Union, to eliminate differences in the aim, scope and conditions for application of the reliefs contained in those conventions, and to enable all those concerned to enjoy the same advantages throughout the Community.
(6)
Certain reliefs applied in the Member States stem from specific conventions concluded with third countries or international organisations. Such conventions, given their purpose, concern only the signatory Member State. It does not appear necessary to define, at Community level, conditions for granting such reliefs, but appears sufficient simply to authorise the Member State in question to grant those reliefs, where necessary, by means of an appropriate procedure instituted for this purpose.
(7)
The implementation of the common agricultural policy means that in certain circumstances export duties may be charged on some goods. It is therefore also necessary to specify at Community level the cases in which relief from such duties may be granted.
(8)
In the interests of legal clarity, the provisions of Community Acts containing certain relief measures not affected by this Regulation should be listed.
(9)
This Regulation does not preclude the application by Member States of import or export prohibitions or restrictions which are justified on grounds of public morality, public policy or public security, protection of health and life of humans, animals or plants, protection of national treasures possessing artistic, historical or archaeological value or protection of industrial or commercial property.
(10)
With regard to the reliefs granted within the amounts fixed in euro, rules for the conversion of such amounts into national currencies should be drawn up,
HAS ADOPTED THIS REGULATION:
Annotations to the whole text
Modifications
- C1
Regulation excluded (1.8.2021) by The Value Added Tax Regulations 1995 (S.I. 1995/2518), regs. 133AD(a), 133L (as inserted by S.I. 2021/715, regs. 1, 43, 47)
Footnotes
- f1
-
Opinion of 24 March 2009 (not yet published in the Official Journal).
- f2
- f3
-
See Annex V.
Contents
- Title I: SCOPE AND DEFINITIONS
- 1Article 1
- 2Article 2
- Title II: RELIEF FROM IMPORT DUTY
- Chapter I: Personal property belonging to natural persons transferring their normal place of residence from a third country to the Community
- 3Article 3
- 4Article 4
- 5Article 5
- 6Article 6
- 7Article 7
- 8Article 8
- 9Article 9
- 10Article 10
- 11Article 11
- Chapter II: Goods imported on the occasion of a marriage
- 12Article 12
- 13Article 13
- 14Article 14
- 15Article 15
- 16Article 16
- Chapter III: Personal property acquired by inheritance
- 17Article 17
- 18Article 18
- 19Article 19
- 20Article 20
- Chapter IV: School outfits, educational materials and related household effects
- 21Article 21
- 22Article 22
- Chapter V: Consignments of negligible value
- 23Article 23
- 24Article 24
- Chapter VI: Consignments sent by one private individual to another
- 25Article 25
- 26Article 26
- 27Article 27
- Chapter VII: Capital goods and other equipment imported on the transfer of activities from a third country into the Community
- 28Article 28
- 29Article 29
- 30Article 30
- 31Article 31
- 32Article 32
- 33Article 33
- 34Article 34
- Chapter VIII: Products obtained by Community farmers on properties located in a third country
- 35Article 35
- 36Article 36
- 37Article 37
- 38Article 38
- Chapter IX: Seeds, fertilizers and products for the treatment of soil and crops imported by agricultural producers in third countries for use in properties adjoining those countries
- 39Article 39
- 40Article 40
- Chapter X: Goods contained in travellers’ personal luggage
- 41Article 41
- Chapter XI: Educational, scientific and cultural materials; scientific instruments and apparatus
- 42Article 42
- 43Article 43
- 44Article 44
- 45Article 45
- 46Article 46
- 47Article 47
- 48Article 48
- 49Article 49
- 50Article 50
- 51Article 51
- 52Article 52
- Chapter XII: Laboratory animals and biological or chemical substances intended for research
- 53Article 53
- Chapter XIII: Therapeutic substances of human origin and blood-grouping and tissue-typing reagents
- 54Article 54
- 55Article 55
- 56Article 56
- Chapter XIV: Instruments and apparatus intended for medical research, establishing medical diagnoses or carrying out medical treatment
- 57Article 57
- 58Article 58
- Chapter XV: Reference substances for the quality control of medicinal products
- 59Article 59
- Chapter XVI: Pharmaceutical products used at international sports events
- 60Article 60
- Chapter XVII: Goods for charitable or philanthropic organisations: articles intended for the blind and other handicapped persons
- For general purposes
- 61Article 61
- 62Article 62
- 63Article 63
- 64Article 64
- 65Article 65
- For the benefit of handicapped persons
- Articles for the use of the blind
- 66Article 66
- 67Article 67
- Articles for the use of other handicapped persons
- 68Article 68
- 69Article 69
- Common provisions
- 70Article 70
- 71Article 71
- 72Article 72
- 73Article 73
- For the benefit of disaster victims
- 74Article 74
- 75Article 75
- 76Article 76
- 77Article 77
- 78Article 78
- 79Article 79
- 80Article 80
- Chapter XVIII: Honorary decorations or awards
- 81Article 81
- Chapter XIX: Presents received in the context of international relations
- 82Article 82
- 83Article 83
- 84Article 84
- Chapter XX: Goods to be used by monarchs or Heads of State
- 85Article 85
- Chapter XXI: Goods imported for trade promotion purposes
- Samples of goods of negligible value
- 86Article 86
- Printed matter and advertising material
- 87Article 87
- 88Article 88
- 89Article 89
- Products used or consumed at a trade fair or similar event
- 90Article 90
- 91Article 91
- 92Article 92
- 93Article 93
- 94Article 94
- Chapter XXII: Goods imported for examination, analysis or test purposes
- 95Article 95
- 96Article 96
- 97Article 97
- 98Article 98
- 99Article 99
- 100Article 100
- 101Article 101
- Chapter XXIII: Consignments sent to organisations protecting copyrights or industrial and commercial patent rights
- 102Article 102
- Chapter XXIV: Tourist information literature
- 103Article 103
- Chapter XXV: Miscellaneous documents and articles
- 104Article 104
- Chapter XXVI: Ancillary materials for the stowage and protection of goods during their transport
- 105Article 105
- Chapter XXVII: Litter, fodder and feedingstuffs for animals during their transport
- 106Article 106
- Chapter XXVIII: Fuel and lubricants present in land motor vehicles and special containers
- 107Article 107
- 108Article 108
- 109Article 109
- 110Article 110
- 111Article 111
- Chapter XXIX: Materials for the construction, upkeep or ornamentation of memorials to, or cemeteries for, war victims
- 112Article 112
- Chapter XXX: Coffins, funerary urns and ornamental funerary articles
- 113Article 113
- Title III: RELIEF FROM EXPORT DUTIES
- Chapter I: Consignments of negligible value
- 114Article 114
- Chapter II: Domesticated animals exported at the time of transfer of agricultural activities from the Community to a third country
- 115Article 115
- Chapter III: Products obtained by agricultural producers farming on properties located in the Community
- 116Article 116
- 117Article 117
- 118Article 118
- Chapter IV: Seeds exported by agricultural producers for use on properties located in third countries
- 119Article 119
- 120Article 120
- Chapter V: Fodder and feedingstuffs accompanying animals during their exportation
- 121Article 121
- Title IV: GENERAL AND FINAL PROVISIONS
- 122Article 122
- 123Article 123
- 124Article 124
- 125Article 125
- 126Article 126
- 127Article 127
- 128Article 128
- 129Article 129
- 130Article 130
- 131Article 131
- 132Article 132
- 133Article 133
- 134Article 134
- Signature
- Annex I
- ABooks, publications and documents
- BVisual and auditory materials of an educational, scientific or cultural character
- Annex II
- AVisual and auditory materials of an educational, scientific or cultural character
- BCollector’s pieces and works of art of an educational, scientific or cultural character
- Annex IIIAnnex III
- Annex IVAnnex IV
- Annex VREPEALED REGULATION WITH LIST OF ITS SUCCESSIVE AMENDMENTS
- Annex VIAnnex VI