Einde inhoudsopgave
Convention on temporary admission
Annex C Annex concerning means of transport
Geldend
Geldend vanaf 17-04-1996
- Redactionele toelichting
Geconsolideerde tekst zoals bijgewerkt tot de wijziging van 04-03-2008.
- Bronpublicatie:
01-09-1991, Trb. 1992, 129 (uitgifte: 01-01-1992, kamerstukken/regelingnummer: -)
01-09-1991, Trb. 2010, 49 (uitgifte: 12-02-2010, kamerstukken/regelingnummer: -)
- Inwerkingtreding
17-04-1996
- Bronpublicatie inwerkingtreding:
24-03-2006, Trb. 2006, 59 (uitgifte: 01-01-2006, kamerstukken/regelingnummer: -)
24-03-2006, Trb. 2006, 59 (uitgifte: 01-01-2006, kamerstukken/regelingnummer: -)
- Vakgebied(en)
Internationaal publiekrecht / Vrij verkeer
Chapter I. Definitions
Article 1
For the purposes of this Annex:
- a)
the term ‘means of transport’ means:
any vessel (including lighters and barges, whether or not shipborne, and hydrofoils), hovercraft, aircraft, motor road vehicles (including cycles with engines, trailers, semi-trailers and combinations of vehicles) and railway rolling stock; together with their normal spare parts, accessories and equipment carried on board means of transport (including special equipment for the loading, unloading, handling and protection of cargo);
- b)
the term ‘commercial use’ means:
the transport of persons for remuneration or the industrial or commercial transport of goods, whether or not for remuneration;
- c)
the term ‘private use’ means:
the transport exclusively for personal use by the person concerned excluding commercial use;
- d)
the term ‘internal traffic’ means:
the carriage of persons or goods picked up or loaded in the territory of temporary admission for setting down or unloading at a place within the same territory;
- e)
the term ‘normal tanks’ means:
the tanks designed by the manufacturer for all means of transport of the same type as the means of transport in question and whose permanent fitting enables a fuel to be used directly, both for the purpose of propulsion and, where appropriate, for the operation, during transport, of refrigeration systems and other systems. Tanks fitted to means of transport designed for direct use of other types of fuel and tanks fitted to the other systems with which the means of transport may be equiped shall also be considered to be normal tanks.
Chapter II. Scope
Article 2
The following goods shall be granted temporary admission in accordance with Article 2 of this Convention:
- a)
means of transport for commercial use or for private use;
- b)
spare parts and equipment imported for the repair of a means of transport already temporarily admitted. Replaced parts and equipment which are not re-exported shall be liable to import duties and taxes except where they are disposed of as provided for in Article 14 of this Convention.
Article 3
Routine maintenance operations and repairs to the means of transport which have become necessary during the journey to or within the territory of temporary admission and which are carried out during the period of temporary admission, shall not be deemed to involve a change within the meaning of Article 1, paragraph (a) of this Convention.
Article 4
1
The fuel contained in the normal tanks of the means of transport temporarily admitted as well as lubrication oils for the normal use of such means of transport shall be admitted without payment of import duties and taxes and without application of import prohibitions or restrictions.
2
In the case of motor road vehicles for commercial use, each Contracting Party shall have the right, however, to fix maximum quantities for the fuel which can be admitted into its territory free of import duties and taxes and without application of import prohibitions or restrictions in the normal tanks of such temporarily admitted motor road vehicles.
Chapter III. Miscellaneous provisions
Article 5
For the facilities granted by this Annex to apply:
- a)
means of transport for commercial use must be registered in a territory other than that of temporary admission, in the name of a person established or resident in a territory other than that of temporary admission, and be imported and use by persons operating from such a territory;
- b)
means of transport for private use must be registered in a territory other than that of temporary admission, in the name of a person established or resident in a territory other than that of temporary admission, and be imported and used by persons resident in such a territory.
Article 6
Temporary admission of means of transport shall be granted without a Customs document or security being required.
Article 7
Notwithstanding the provisions of Article 5 of this Annex,
- a)
means of transport for commercial use may be used by third persons, even if established or resident in the territory of temporary admission, who are duly authorized by the persons granted temporary admission and who operate on their behalf;
- b)
means of transport for private use may be used by third persons who are duly authorized by the persons granted temporary admission. Each Contracting Party may permit the use by a person resident in its territory, in particular, where the means of transport is used on behalf and on the instructions of the person granted temporary admission.
Article 8
Each Contracting Party shall have the right to deny the benefit of temporary admission to, or to withdraw that benefit from:
- a)
means of transport for commercial use which are used in internal traffic;
- b)
means of transport for private use which are used for commercial use in internal traffic;
- c)
means of transport which are hired after importation or, if imported on hire, are re-hired or sublet for a purpose other than immediate re-exportation.
Article 9
1
Means of transport for commercial use shall be re-exported once the transport operations for which they were imported have been completed.
2
Means of transport for private use may remain in the territory of temporary admission for a period, continuous or not, of six months in every period of twelve months.
Article 10
Earch Contracting Party shall have the right to enter a reservation, in accordance with Article 29 of this Convention in respect of:
- a)
Article 2, subparagraph (a), insofar as it relates to temporary admission for commercial use, of motor road vehicles and railway rolling stock;
- b)
Article 6, insofar as it relates to motor road vehicles for commercial use and to means of transport for private use;
- c)
Article 9, paragraph 2;
of this Annex.
Article 11
Upon its entry into force this Annex shall, in accordance with Article 27 of this Convention, terminate and replace the Customs Convention on the temporary importation of private road vehicles, New York, 4 June 1954, the Customs Convention on the temporary importation of commercial road vehicles, Geneva, 18 May 1956, and the Customs Convention on the temporary importation for private use of aircraft and pleasure boats, Geneva, 18 May 1956, in relations between the Contracting Parties which have accepted this Annex and are Contracting Parties to those Conventions.