Categories of goods exempt from customs duty (extracted from Reg. (EC) no. 1186/2009)
Regulation (EC) No. 1186/2009 of November 16, 2009 establishing a Community system of reliefs from customs duties, specifying where, owing to special circumstances, to grant exemption from import and export duties where goods are released for free circulation or are exported from the customs territory of the Community.
These facilities shall apply only where specific conditions and requirements, exemption from duties on import / export are subject to the presentation of certain documents specified in the text.
Cases are granted exemption from import duties and export legal persons are:
Exemption from import duties
Capital goods and other equipment imported with the transfer of activities from a third country within the Community:
Exemption from import duties is limited to the means of production and other equipment
- Works that have been used at least 12 months before the date on which the undertaking ceased to operate in a third country which has transferred its activities;
- intended for the same purposes after the transfer;
- undertaking are appropriate to the nature and size.
Products obtained by Community farmers on properties located in a third country:
Exemption from import duties is limited to products which have not undergone any treatment other than obijnuit harvest or production;
Exemption from import duties shall be granted only for products brought into the Community by the agricultural producer or on his behalf.
Seeds, fertilizers and soil treatment and agricultural crops imported by:
Exemption from import duties limited quantities to the operation of the property;
Exemption from import duties shall be granted only for seeds, fertilizers or other products imported directly into the customs territory of the Community by the agricultural producer or on his behalf.
Educational materials, scientific and cultural; scientific instruments and apparatus:
Exemption from import duties shall be granted provided educational materials, scientific and cultural be listed in the annexes, an integral part of the Regulation, and subject to destination and purpose for which they are used.
Exemption from import duties is granted on condition that the instruments and scientific equipment to be imported for non-commercial and are intended for:
- either public institutions or public utility having as main activity education or scientific research;
- or private establishments whose main activity education or scientific research and approved by the competent authorities of the Member States;
The exemption is granted
- spare parts, components or accessories specifically suitable for the instruments or apparatus Scientific;
- tools used for the maintenance, control, calibration or repair of the instruments and scientific equipment.
Exemption from import duties is granted and equipment imported by non-commercial purposes or for a unit or a body of scientific research which has its headquarters outside the Community.
Laboratory animals and biological or chemical substances used in research:
Is limited to animals and biological or chemical substances which are:
- public institutions or public utility;
- private establishments.
Therapeutic substances of human origin and blood-grouping reagents used and the type of tissue:
Exemption from import duties is limited to products which:
- They are intended for institutions or laboratories approved by the competent authorities;
- They are accompanied by a certificate of conformity issued by a duly authorized body;
- are in containers bearing a special label.
Instruments and apparatus intended for medical research, establishing medical diagnoses or carrying out medical treatment:
Exemption from import duties is granted instruments and apparatus intended for medical research, establishing medical diagnoses or carrying out medical treatment which are offered as a donation to a charitable or philanthropic organization or by a private individual health hospital departments medical research institutions designated by the competent authorities.
Reference substances for the quality control of medicinal:
Exemption from import duties is granted consignments containing samples of reference substances approved by the World Health Organization for the quality control of substances used to manufacture drugs.
The addressees designated by the competent authorities.
Pharmaceutical products used at international sports events:
Exemption of import duty is provided for pharmaceutical products for human or veterinary medical use for people or animals coming from third countries or to participate in international sports events organized in the customs territory of the Community.
Goods for charitable or philanthropic articles for the blind and other handicapped persons:
Exemption from import duties is granted:
- basic necessities imported by State organizations or other charitable or philanthropic organizations approved by the competent authorities for distribution free of charge to needy persons;
- all kinds of goods sent free of charge to a person or organization established outside the Community and without any commercial intent of the sender, to State organizations or other charitable or philanthropic organizations approved by the competent authorities to be used to raise funds at occasional charity events for the benefit of needy persons;
- equipment and office materials sent free of charge by a person or organization established outside the customs territory of the Community without any commercial intent of the sender, to State organizations or other charitable or philanthropic organizations approved by the competent authorities to be used exclusively for meet their operational needs or carrying out their charitable or philanthropic.
They are admitted free of import duties and items specially designed for the educational, scientific or cultural advancement of the blind, provided that they are imported by:
- blind;
- institutions or organizations involved in education and assistance to the blind, authorized by the competent authorities of the Member States. They are admitted free of import duties articles specially designed for education use and social advancement of physically or mentally disabled persons other than blind when they are imported:
- the disabled for their own use;
- by institutions or organizations that are designated by the competent authorities.
They are admitted free of import duty goods imported by State organizations or other charitable or philanthropic organizations approved by the competent authorities:
- to be distributed free of charge to victims of disasters;
- will be available free of charge to victims of such disasters.
Honorary decorations or awards:
They are admitted free of import duties following:
- decorations conferred by governments of third countries on persons whose habitual residence is in the customs territory of the Community;
- cups, medals and similar articles of an essentially symbolic nature which, having been awarded in a third country on persons whose residence is within the Community are imported into the customs territory alComunităţii staff by persons.
Presents received in the context of international relations:
Are admitted free of import duties goods are:
- imported into the customs territory of the Community by persons who paid an official visit in a third country and receive this gift;
- imported into the customs territory of the Community by persons coming to pay an official visit in the customs territory of the Community and who intend to offer them gift;
- sent as gifts, in token of friendship or goodwill, by a body, a public authority or an official group of a public body, authority or group holding approval from the competent authorities.
Real folositede monarchs or heads of state:
Are admitted free of import duties:
- gifts for monarchs in power and heads of state;
- goods to be used or consumed in power of monarchs and heads of State of third countries, or persons officially representing them, during their stay in the customs territory of the Community.
Goods imported for trade promotion:
They are admitted free of import duties samples of goods of negligible value.
They are admitted free of import duties catalogs, price lists, directions for use or brochures; Exemption shall be limited to printed advertisements which fulfill certain conditions.
They are admitted free of import duties goods used or consumed at a trade fair or similar event, such as: small representative samples of goods, imported goods to be presented, various low-value materials (paints, varnishes, etc. ) used for the construction, equipment and decoration of temporary stands, printed materials, catalogs, brochures, etc.
Goods imported for examination, analysis or testing:
They are admitted free of import duties on goods which are to undergo examination, analysis or tests to determine their composition, quality or other technical characteristics for purposes of information or industrial or commercial research.
The exemption is granted on condition that the goods in question are completely used up or destroyed during examination, analysis or testing; products remaining at the end of the examinations, analyzes or tests are subject to payment of import duties.
Reference addressed to organizations protecting copyrights or industrial and commercial patent rights:
Be admitted free of import duties trademarks, patterns or designs and their supporting documents, and patent applications investment or the like to be submitted to the bodies competent for the protection of copyright or patent rights of industrial and commercial.
TOURIST INFORMATION LITERATURE:
Are admitted free of import duties:
- documentation (leaflets, brochures, books, magazines, etc.) for free distribution and is aimed primarily at encouraging the public to visit foreign countries, etc.
- foreign hotel lists and yearbooks published by foreign travel agencies or under their auspices, and timetables for foreign transport services;
- reference material supplied to accredited representatives or correspondents appointed by national tourist agencies and not intended for distribution, namely yearbooks, lists of telephone, etc.
Miscellaneous documents and articles:
Are admitted free of import duties:
- documents sent free public services of Member States;
- publications of foreign governments and publications of official international bodies intended for distribution without charge;
- ballot papers for elections organized by bodies set up in third countries;
- objects to be submitted as evidence or for like purposes to the courts or other official agencies of Member States;
- specimen signatures and printed circulars concerning signatures sent as part conjunction with most common exchanges of information between public services or banking institutions;
- official materials sent to the central banks of the Member States;
- reports, statements, notes, prospectuses, application forms and other documents drawn up by companies registered in a third country and sent to the bearers or subscribers of securities issued by such companies;
- registered mass media (punched cards, sound recordings, microfilms, etc.) used for the transmission of information sent free of charge to the addressee, as long as the duty-free admission does not give rise to abuses or major distortions of competition;
- files, archives, printed forms and other documents used in international meetings, conferences or congresses, and reports on such gatherings;
- plans, technical drawings, traced designs, descriptions and other similar documents imported with a view to obtaining or fulfilling orders in third countries or to participating in a competition held in the customs territory of the Community;
- documents to be used in examinations held in the customs territory of the Community by institutions set up in third countries;
- printed forms to be used as official documents in the international movement of vehicles or goods, under international conventions;
- printed forms, labels, tickets and similar documents sent by transport undertakings or by undertakings of the hotel industry in a third country to travel agencies set up in the customs territory of the Community;
- official printed forms from a third country or international authorities, and printed matter conforming to international standards sent for distribution by associations of a third country associations to corresponding offices in the customs territory of the Community;
- photographs, slides and dies for photographs, whether or not captioned, sent to press agencies or newspaper or magazine;
- revenue and similar stamps proving payment of charges in third countries;
Ancillary materials for the stowage and protection of goods during their transport:
Be admitted free of import duties various materials such as rope, straw, cloth, paper and cardboard, wood and plastics which are used for stacking and protection of the goods during their transport from a third country into the customs territory of Community that are not reusable.
Litter, fodder and feed during their transport:
Be admitted free of import duties litter, feed and feed of any kind, loaded into vehicles used to transport animals from a third country into the customs territory of the Community, in order to be distributed animals journey.
Fuel and lubricants on board land motor vehicles and special containers:
Be admitted free of import duties:
- fuel contained in the tanks of: private motor vehicles, of commercial motor vehicles and motorcycles; of special containers;
- fuel contained in portable tanks aboard motor vehicles and motor cycles, up to ten liters per vehicle and without prejudice to national provisions on the holding and transport of fuel;
- exemption from import duties is limited and lubricants in motor vehicles and required for their normal operation during the journey.
Materials for construction, upkeep or ornamentation of memorials and cemeteries of war victims:
Be admitted free of import duties goods of every description, imported by organizations authorized for this purpose by the competent authorities, to be used for the construction, upkeep or ornamentation of memorials and cemeteries of war victims.
Coffins, funerary urns and ornamental funerary articles:
Are admitted free of import duties:
- coffins containing bodies and urns containing the ashes of deceased persons, and the flowers, wreaths and other ornamental objects normally accompanying them;
- flowers, wreaths and other ornamental objects brought by persoanedomiciliate in third countries attending a funeral or coming to decorate graves in the customs territory of the Community, provided these importations do not reflect, by their nature or their quantity, any commercial .
Exemption from export duties
Domesticated animals exported when transferring agricultural activities from the Community to a third country:
They can be exported duty-free export of domestic animals forming the livestock of agricultural enterprises ceased to operate in the customs territory of the Community and transfers its activities to a third country.
The exemption shall be limited to domesticated animals in numbers appropriate to the nature and size of the agricultural undertaking.
Products obtained by agricultural producers operating on properties located in the Community:
I can export duty-free export farming products obtained in the customs territory of the Community on properties adjacent to a third country, operated, in the capacity of owner or lessee, by persons having their principal undertaking in a third country adjoining territory Community customs.
Products obtained from domesticated animals must be derived from animals originating in the third country or to satisfy the requirements for free circulation there.
The relief is limited to products which have not undergone any treatment, except for those that are normally after harvesting or production.
Shall be granted only for products brought into the third country by the agricultural producer or on his behalf.
Seeds exported by agricultural producers for use on properties located in third countries
They can export the exemption from export duties on grains for use on properties located in a third country adjoining the customs territory of the Community and operated, in the capacity of owner or lessee, by persons having their principal undertaking in the said customs territory in immediate vicinity of the third country concerned.
The relief is limited to the quantities of seeds required for the operation property.
It shall be granted only for seeds exported directly from the customs territory of the Community by the agricultural producer or on his behalf.
Feed and food accompanying animals during their exportation.
They can export duty-free to export any type of feed and feed loaded on the means of transport used to convey animals from the customs territory of the Community into a third country in order to be distributed animals during the journey.
Source ( www.customs.ro )
In this section you will find:
- information on trade policy measures introduced at the EU level and national level;
- information on import duties and other taxes on imports of goods;
- information on how the customs valuation of goods;
- presentation TARIC database-EN
- instructions database TARIC-EN and customs declarations
- anti-dumping and countervailing
Trade policy measures are laid down by legislation and national union level and the importation and exportation of certain categories of goods. Trade policy includes quantitative restrictions and bans trade in foreign policy (embargoes and sanctions). Some cover all aspects of commercial, others covering only selected products or product groups.
Trade policy measures aimed at:
-
Protection of animal health, animal welfare, prevention of disease transmission from animals to human food safety of animal and non-animal intended for human consumption, animal feed sanitation and environmental protection. For these reasons the operations of import / export is carried out upon presentation of documents or fulfill special formalities;
-
protection against the introduction and spread of organisms harmful to plants or plant products, for which purpose the vegetables and plant products must be accompanied by a phytosanitary certificate import;
-
monitoring compliance of environmental protection measures; competent environmental authorities lead the regulatory procedure and issue, as appropriate, environmental approvals, agreements and permits, according to the law, which is presented when submitting the customs authority of customs import or export;
-
restricting or banning the use of substances and chemical preparations; in this respect, import / export is carried out in accordance with international agreements and conventions to which Romania is part, based on a specific document issued by the competent authorities;
-
implementation of state policy in the field of quality control of medicines and other products for human use (eg. medical devices); operations import / export of drugs and medical devices is based on an authorization issued by the health authorities;
-
settlement marketing, marketing and free distribution of articles of worn clothing and worn textile articles or worn; to protect life and health, to import into the country of these product categories only when evidence that they were subject of cleaning, disinfection and pest.
Prohibitions and restrictions
are considered prohibited all goods whose introduction or removal from the customs territory of the Union is, by law, prohibited any title.
They are considered restricted goods whose introduction or removal from the customs territory of the Union is subject to conditions or fulfilling special formalities.
When inserting or removing the presentation is not permitted without special authorization, goods are prohibited unless accompanied by such a document or if it is valid.
The amount of the customs
The customs value of imported goods, according to the Agreement on implementation of Article VII of the General Agreement on Tariffs and Trade (GATT) in 1994, the transaction value, the price actually paid or payable for the goods when sold for export Community customs territory. The transaction value may be adjusted when specific elements which are considered part of the customs value are the buyer but are not included in the price actually paid or payable for the imported goods (for example, transportation costs and insurance costs imported goods, and loading and handling costs related to the transport of goods imported to the point of entry of goods into the customs territory of the Community royalties and license fees, etc.). The transaction value includes certain benefits by the purchaser in favor of the seller in the form of goods or of services, other than as money. They feature elements that are not included in the customs value of goods, provided that they are shown separately from the price actually paid or payable (eg transport costs for goods after their arrival at the place of entry into the Community, fees purchase, etc.).
When the customs value can not be determined based on the price of the transaction, it is determined by proceeding sequentially following valuation rules until the first under that amount can be established:
(a) the transaction value of identical goods sold for export to the Community and exported at or about the same time as the goods being valued;
(b) the transaction value of similar goods sold for export to the Community and exported at or about the same time as the goods being valued;
(c) the value based on the unit price corresponding to sales in the Community of imported goods or identical or similar imported goods totaling the highest amount to persons not related to the sellers;
(d) the computed value of the sum of:
- cost or value of materials and fabrication or other processing in the manufacture of imported goods;
-
an amount for profit and general expenses equal to that usually reflected in sales of goods of the same class or kind as the goods being valued which are made by producers in the country of exportation for export to the Community;
-
travel expenses and the cost of insuring imported goods, and loading and handling costs related to the transport of goods imported to the point of entry of goods into the customs territory of the Community.
Determining the customs value should not be based on certain factors, such as the sale price in the Community for goods produced in the Community, the price of goods on the domestic market of the exporting country, minimum customs values, arbitrary or fictitious, etc.
Anti-dumping and countervailing
1. Anti-dumping and countervailing measures are integrated in the TARIC database as follows:
DUMP levy provisional anti-dumping
DUMP D tax definitive anti-dumping
COMP charge compensating provisional
COMP D tax compensating final
2. The list of products on which tariff codes fees apply anti-dumping / countervailing are based on rules of thumb:
– Regulation (EU) no. 1036/2016 of the European Parliament and of the Council of June 8, 2016 on protection against dumped imports from countries not members of the European Union. (OJ L176 / 06.30.2016).
– Regulation (EU) No. 1037/2016 of the European Parliament and of the Council of June 8, 2016 on protection against subsidized imports from countries not members of the European Union. (OJ L176 / 06.30.2016).
According to art. 14 para. (1) and (2) of Regulation (EU) No. 1036/2016 shall provide the following general provisions:
“(1) anti-dumping duties, provisional or definitive, shall be imposed by Regulation, and collected by Member States in accordance with the form of the exchange rate and other criteria laid down in the Regulation requires. These fees are also collected independently of the customs duties, taxes and other charges normally imposed on imports.
No product can be subject to both anti-dumping and countervailing duties to remedy a situation arising from dumping or export subsidization.
(2) Regulations imposing provisional or definitive anti-dumping duties, and regulations or decisions accepting undertakings or terminating examinations or procedures are published in the Official Journal of the European Union.
Such regulations or decisions shall contain in particular taking into account the need to protect confidential information, the names of the exporters, if possible, or of the countries involved, a description of the product and a summary of the facts and considerations on determination of dumping and injury. In all cases, the parties concerned to submit a copy of the regulation or decision. This paragraph shall apply mutatis mutandis to reviews. “
In this section you will find:
- information on trade policy measures introduced at the EU level and national level;
- information on import duties and other taxes on imports of goods;
- information on how the customs valuation of goods;
- presentation TARIC database-EN
- instructions database TARIC-EN and customs declarations
- anti-dumping and countervailing
Trade policy measures are laid down by legislation and national union level and the importation and exportation of certain categories of goods. Trade policy includes quantitative restrictions and bans trade in foreign policy (embargoes and sanctions). Some cover all aspects of commercial, others covering only selected products or product groups.
Trade policy measures aimed at:
-
Protection of animal health, animal welfare, prevention of disease transmission from animals to human food safety of animal and non-animal intended for human consumption, animal feed sanitation and environmental protection. For these reasons the operations of import / export is carried out upon presentation of documents or fulfill special formalities;
-
protection against the introduction and spread of organisms harmful to plants or plant products, for which purpose the vegetables and plant products must be accompanied by a phytosanitary certificate import;
-
monitoring compliance of environmental protection measures; competent environmental authorities lead the regulatory procedure and issue, as appropriate, environmental approvals, agreements and permits, according to the law, which is presented when submitting the customs authority of customs import or export;
-
restricting or banning the use of substances and chemical preparations; in this respect, import / export is carried out in accordance with international agreements and conventions to which Romania is part, based on a specific document issued by the competent authorities;
-
implementation of state policy in the field of quality control of medicines and other products for human use (eg. medical devices); operations import / export of drugs and medical devices is based on an authorization issued by the health authorities;
-
settlement marketing, marketing and free distribution of articles of worn clothing and worn textile articles or worn; to protect life and health, to import into the country of these product categories only when evidence that they were subject of cleaning, disinfection and pest.
Prohibitions and restrictions
are considered prohibited all goods whose introduction or removal from the customs territory of the Union is, by law, prohibited any title.
They are considered restricted goods whose introduction or removal from the customs territory of the Union is subject to conditions or fulfilling special formalities.
When inserting or removing the presentation is not permitted without special authorization, goods are prohibited unless accompanied by such a document or if it is valid.
The amount of the customs
The customs value of imported goods, according to the Agreement on implementation of Article VII of the General Agreement on Tariffs and Trade (GATT) in 1994, the transaction value, the price actually paid or payable for the goods when sold for export Community customs territory. The transaction value may be adjusted when specific elements which are considered part of the customs value are the buyer but are not included in the price actually paid or payable for the imported goods (for example, transportation costs and insurance costs imported goods, and loading and handling costs related to the transport of goods imported to the point of entry of goods into the customs territory of the Community royalties and license fees, etc.). The transaction value includes certain benefits by the purchaser in favor of the seller in the form of goods or of services, other than as money. They feature elements that are not included in the customs value of goods, provided that they are shown separately from the price actually paid or payable (eg transport costs for goods after their arrival at the place of entry into the Community, fees purchase, etc.).
When the customs value can not be determined based on the price of the transaction, it is determined by proceeding sequentially following valuation rules until the first under that amount can be established:
(a) the transaction value of identical goods sold for export to the Community and exported at or about the same time as the goods being valued;
(b) the transaction value of similar goods sold for export to the Community and exported at or about the same time as the goods being valued;
(c) the value based on the unit price corresponding to sales in the Community of imported goods or identical or similar imported goods totaling the highest amount to persons not related to the sellers;
(d) the computed value of the sum of:
- cost or value of materials and fabrication or other processing in the manufacture of imported goods;
-
an amount for profit and general expenses equal to that usually reflected in sales of goods of the same class or kind as the goods being valued which are made by producers in the country of exportation for export to the Community;
-
travel expenses and the cost of insuring imported goods, and loading and handling costs related to the transport of goods imported to the point of entry of goods into the customs territory of the Community.
Determining the customs value should not be based on certain factors, such as the sale price in the Community for goods produced in the Community, the price of goods on the domestic market of the exporting country, minimum customs values, arbitrary or fictitious, etc.
Anti-dumping and countervailing
1. Anti-dumping and countervailing measures are integrated in the TARIC database as follows:
DUMP levy provisional anti-dumping
DUMP D tax definitive anti-dumping
COMP charge compensating provisional
COMP D tax compensating final
2. The list of products on which tariff codes fees apply anti-dumping / countervailing are based on rules of thumb:
– Regulation (EU) no. 1036/2016 of the European Parliament and of the Council of June 8, 2016 on protection against dumped imports from countries not members of the European Union. (OJ L176 / 06.30.2016).
– Regulation (EU) No. 1037/2016 of the European Parliament and of the Council of June 8, 2016 on protection against subsidized imports from countries not members of the European Union. (OJ L176 / 06.30.2016).
According to art. 14 para. (1) and (2) of Regulation (EU) No. 1036/2016 shall provide the following general provisions:
“(1) anti-dumping duties, provisional or definitive, shall be imposed by Regulation, and collected by Member States in accordance with the form of the exchange rate and other criteria laid down in the Regulation requires. These fees are also collected independently of the customs duties, taxes and other charges normally imposed on imports.
No product can be subject to both anti-dumping and countervailing duties to remedy a situation arising from dumping or export subsidization.
(2) Regulations imposing provisional or definitive anti-dumping duties, and regulations or decisions accepting undertakings or terminating examinations or procedures are published in the Official Journal of the European Union.
Such regulations or decisions shall contain in particular taking into account the need to protect confidential information, the names of the exporters, if possible, or of the countries involved, a description of the product and a summary of the facts and considerations on determination of dumping and injury. In all cases, the parties concerned to submit a copy of the regulation or decision. This paragraph shall apply mutatis mutandis to reviews. “
EORI (number Economic Operator Registration and Identification)
1. What is an EORI number?
EORI number is a unique number in the European Union, the customs authorities or other authorities designated by Member States to economic operators and other stakeholders in order to use it since July 1, 2009 to all customs operations carried out by them throughout European Union. For imports from China it is necessary to obtain the EORI number.
2. Purpose of the EORI
The purpose of introducing the EORI number is to assign a registration number and identification of each operator and, where applicable, other persons to serve as a common reference them in their relations with customs authorities throughout the Union and for the exchange of information between customs authorities and between customs and other authorities.
3. Legal Basis
The legal basis at Union is Regulation (EU) No. 952/2013 of the European Parliament and of the Council of October 9, 2013 laying down the Union Customs Code
European Commission will develop a guide for implementing these provisions.
National technical rules have been developed on the registration for customs purposes of economic operators and others.
4. Who is required to obtain the EORI number?
People are bound to ask assigned an EORI number are:
• operators Ltd., PFA, PF, II, (people who, in the course of their professional activities covered by customs legislation, such as imports, exports, transit , storage, representation and operations prior to arrival / departure of the goods to be inserted / removed from the Community);
• persons other than economic operators that introduce / remove goods / EU. Any individual procedure completed an import from China is necessary to obtain the EORI number.
5. Where requests assigned an EORI number persons established in the EU?
Operators and other stakeholders require assigning the EORI number competent authorities of the Member State where they are established.
6. Where requests assigned an EORI number persons established in a third country?
Where an economic operator is established within the customs union has no EORI number, it must be registered with the designated authority of the Member State where he first performs one of the following:
• submit a declaration within customs Union, except for the following statements:
– a customs declaration made in accordance with Articles 135-144 of Commission delegated Regulation (EU) 2015/2446 of 28 July 2015 supplementing Regulation (EU) No. 952/2013 of the European Parliament and of the Council of October 9, 2013 laying down the Union Customs Code;
– a customs declaration to place goods under temporary admission or re-export declaration to end this regime;
– a declaration under the Convention on a common transit procedure done by an operator established in a common transit country;
– a declaration for placing goods under the transit union filed an economic operator established in Andorra or San Marino;
• lodge an exit summary declaration or entry into the customs territory of the Union;
• submit a declaration for temporary storage on the customs union;
• act as a carrier for the transport by sea, river or air;
• act as a carrier that is connected to the customs system and wish to receive any notifications under customs legislation regarding the submission or modification entry summary declarations.
It is recommended that operators not established in the Union to apply for granting EORI number before performing one of the operations listed above.
7. The procedure for allocating EORI numbers in Romania
In Romania, the competent authority for registering and assigning EORI numbers is the General Customs Directorate. EORI numbers will be requested from the regional customs departments in whose territorial jurisdiction the domiciled / are established or, in exceptional cases, at the border customs offices.
Please complete the form and print / from national EORI application. It is available on the website of the Romanian Customs Authority.
Economic operators established in Romania be submitted to support the application to the Regional Customs copies of the following documents:
a) certificate of registration issued by the National Trade Register Office;
b) the registration certificate for VAT purposes issued by the Ministry of Finance, as applicable;
c) document showing residence address or registered office of the current fiscal, as appropriate, if it does not match that specified in the certificate (s), date (s);
d) the articles of association of the trader, modifications and additions, as appropriate.
Persons other than economic operators who are established in Romania, will be submitted to support the application to the Regional Customs copies of the following documents:
a) the registration documents issued by competent authorities in this regard;
b) the registration certificate for VAT purposes issued by the Ministry of Finance, as applicable;
c) documents resulting from the registered office or domicile of the current fiscal, as appropriate, where it is inconsistent with that stated in the documents referred to in subparagraph a) and b);
d) identity card, for individuals.
Persons not established in the EU will be submitted to support the application to the Regional Customs Office, copies of the following documents:
a) registration document issued by the competent authority of the third country, photocopies;
b) certificate (s) issued VAT registration (e) the competent authority of the Member States of the European Union as appropriate.
c) document showing residence address or registered office of the current fiscal, as appropriate, where it is inconsistent with that stated in the documents referred to in subparagraph a) and b), issued by the authorities responsible for the business register or by chambers of commerce in the EU or third country, in original or copy, no later than six months before the date of application;
d) A photocopy of valid passport or other travel document for individuals.
Economic operators not established in the EU but who are holders of TIR Carnets will be submitted to support the application at the border customs office which enter or leave goods to / from the customs union, copies of the following documents:
• Photocopy TIR carnet stamped cover containing particulars of the TIR carnet holder;
• photocopy of passport for the driver
assignment request EORI numbers can be:
• completed, signed and submitted directly by the applicant economic operator;
• completed and submitted by the trader, but signed by the applicant economic operator. In this case the representation contract attached to the application, without requiring it to contain an indication that the economic operator is authorized to submit to him assignment request EORI number;
• completed, signed and submitted by the applicant operator. This situation is annexed to request representation contract, comprising express indication that the representative is authorized by the trader to make for him assignment request EORI number and affidavit signed by the economic operator requesting the to specify whether he agrees or not with the publication of EORI number and personal data on the website of the European Union.
After verifying the documents, the regional directorates of customs / border customs office will issue a notification of award applicants EORI number.
Once assigned EORI number, traders and others are obliged to use that unique number in all their communications with customs authorities of the Member States.
8. The structure of EORI number in Romania
The structure of the EORI number set by the European Commission is composed of an identifier of the Member State assigning the number (country code ISO alpha 2 consisting of two alphabetic characters), followed by an identifier unique national Member State (up to 15 characters alphanumeric).
Example: RO1234567890ABCDE where:
• “E” is the country code of Romania, and
• “1234567890ABCD” is the number assigned by the customs authority in Romania.
In Romania it was established that the unique national EORI number used in the structure, legal persons, be unique identification code (CUI).
Depending on the type of person EORI number assigned by Romanian customs authority shall take the following form:
• for legal entities established in Romania: RO + CUI;
• for legal entities established in a third country: RO + ISO alpha 2 country code of the third State + ID number assigned by the competent institution of the third country concerned;
• the association of persons established in Romania: RO + CUI;
• the association of persons established in a third country: RO + ISO alpha 2 country code + number assigned to the competent institution of the third country concerned;
• For individual established in Romania: RO + personal identification number;
• For individual established in a third country: RO + ISO alpha 2 country code of the third State + ID number assigned by the competent institution of the third country concerned.
9. The invalidation number EORI
• at the request of the registered person;
• if the customs authority is aware that the registered person has ceased activities that require registration.
The customs authority record date invalidation EORI number and notify the person registered for this purpose.
Source (www.customs.ro)
1. Individuals established in other Member States may submit customs declarations in Romania?
Answer: Pursuant to art. 64 of Council Regulation (EEC) No. 2913/1992, persons established in the Community may prepare written customs declaration in his own name or through direct representation indirect representation.
2. What conditions must be met by an operator for declaring goods clearance procedure?
Answer: The authorization for the use of the clearance may be granted to an applicant who meets the requirements of Art. 264 of Regulation (EEC) No. 2454/93.
3.Cine grant authorization for the use of inward?
Answer: The authorization for use of a customs inward is issued by the customs authority as follows:
- if the application for authorization shall be based on a customs declaration in accordance with art. 163 par. (1) of Commission Delegated Regulation (EU) 2015/2446 -biroul vamalîn whose area of competence is held or main accounts for customs purposes available to the applicant and to place at least some of the processing operations and specific use
- the operation involves only Romanian customs authority and the request for authorization is made using the form set out in Annex 12 to Commission Delegated Regulation (EU) 2016/341 of the Commission Regional -Direction vamalăîn to whose jurisdiction is held or available main accounts for customs purposes of the applicant and to place at least some of the processing operations, the specific use and storage;
- when several Member States are involved – the General Customs Directorate.
4.Se customs formalities temporary Romania to bring a machine in a Member State?
Answer: Since 01.01.2007 Romania became a Member State of the European Uniuniii so for mărfurileunionale no longer customs formalities and no longer owes duty.
5. What arrangements shall be used to store goods neunionale, duty-free?
Answer: The customs regime is applicable customs warehousing procedure defined in Art.210 lit. b) of Regulation (EU) No. 952/2013 of the European Parliament and of the Council of October 9, 2013 laying down the Union Customs Code.
6.Care is the customs procedure for replacing a machine that has failed under warranty?
Answer: The outward processing procedure may be temporarily exported from the customs territory of the Community mărfuriunionale to undergo processing operations, processing or repair, and the products are released for free circulation in the Community with total or partial exemption from import duties .
This mode can be used when goods are exported for replacement under warranty, where the free circulation of equipment replacement is performed with total relief from import duties.
7.Se can be processed in Romania mărfuriunionale made under contract in inward?
Answer: Since 01.01.2007 Romania became a Member State of the European Uniuniii such goods unionalenu further customs formalities and no longer owes duty.
Thus mărfurileunionale can be processed in Romania lohn, without being subject to the provisions for inward.
8.Care the difference between common and Community transit?
Answer: Common Transit – apply to transit operations between the Contracting Parties to the Convention on common transit and between Member States and EFTA countries.
Community transit – apply to transit operations between Member States.
9.What runs operations in NCTS transit?
Answer: Operations transit and non-Community goods transported by road (in normal or simplified procedure) and by rail or by air in normal procedure. Not submitted in NCTS-RO operations issued specific simplified procedure carriage of goods by rail or large containers, by air, by sea or by pipeline.
10. What can I do if I am not sure what is the origin of a product?
Answer: If, after working regulations, you are not sure of the origin of a product or whether a legal confirmation of the origin, you can apply for a home information required under the provisions of the Community Customs Code.
11. What happens if the products originating in a country benefiting from the provisions of several preferential agreements?
Answer: The importer may choose the most favorable preferential tariff arrangements. However the rules of origin applicable agreements may vary. Thus, it must meet the rules of origin of the Agreement to be applied.
12. How can apply for a decision on binding tariff information?
Answer: The application for a decision on binding tariff information shall be made in compliance with art. 33 of Regulation (EU) No. 952/2013 of 9 October 2013 and art. 19 of Commission Delegated Regulation (EU) 2015/2446 of 28 July 2015 and has the following features:
– The application for a decision on binding tariff information is made using the form set out in OJ No. 101 of 04/16/2016. (Corrigendum to Regulation (EU) 2016/341 of the Commission)
– In Romania, applications for a decision on binding tariff information addressed to the General Customs Directorate.List of customs administrations of Member States designated to receive requests for BTI is published in the Official Journal C series, no. 261, 08/08/2015, pp 28
– Requests the decisions ITO refers to one type of cargo.
– If the Directorate General of Customs decides on the request made by the holder and the terms and conditions stipulated in art. 34 (9) of the Customs Code of the Union to grant a period of prolonged use of a BTI decision has been revoked or ceased to be valid, notify the holder of a new decision on ITO
– A decision on ITO is accepted customs authorities in all Member States provided the goods presented to customs correspond exactly to the description on the BTI.
Source (www.customs.ro)