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"EC Customs Law" is an important new study which places the law relating to customs duty in its broader international and EC context. It is a key resource for those already familiar to the area, whether as practitioners, government or Community officials, or graduate students, as well as an accessible introduction for readers who are coming to the subject for the first time. It aims, in particular, to highlight the role of the European Court of Justice in customs matters. After looking at the fundamental concepts of the customs union and the Community Customs Code and implementing regulations, the author moves on to consider the administration and interpretation of the tariff, paying special attention to the decisions of the ECJ. Then the various international agreements and arrangements between the EC and third countries are considered, and their significance for traders, and the importance of international law generally, is emphasized. The book also deals with the important matters of the origin of goods and their valuation, customs entry and declarations, customs procedures, inward and outward processing, and approved uses and treatments. Chapters follow on the customs debt and reliefs from duty, repayment and remission of duty, and customs appeal. The book concludes with a short overview of some of the issues which are being addressed by the Commission and customs administration in deepening the customs union, and it looks, briefly, at some of the matters which traders must bear in mind in planning their activities.

Arvustused

...a comprehensive exposition of this very dynamic and technical field of law. ... The writing is skilful, and even an initially reluctant reader could be attracted to customs law. Such an achievement could not have been possible without the author's profound knowledge and experience of the subject. ... a most valuable contribution to the study of Community customs law. It is essential reading to all those concerned with trade and customs law. ... Timothy Lyons has succeeded in writing an interesting and useful book in a highly complex and constantly evolving field of law. Christina Moell, European Law Review

Table of Cases from the European Court of justice and Court of First Instance
xxix
Table of Cases from the European Court of Human Rights
li
Table of Cases from other Jurisdictions
lii
Table of European Community Treaties
lv
Table of European Community Secondary Legislation
lviii
Table of Legislation from other Jurisdictions
lxxxii
Table of International Agreements, Conventions, and Treaties
lxxxv
Introduction
1(20)
Customs duties and customs unions: a broader perspective
2(4)
The economics of customs unions
4(2)
The international dimension in Community customs law
6(5)
GATT and the WTO
11(3)
GATT 94 and EC customs law
14(4)
The primacy of international agreements
14(2)
GATT and direct effect
16(2)
The EC's customs union
18(3)
The Customs Union in its Community Context
21(33)
The customs union: economic and social objectives
22(1)
The legal context of the customs union
23(22)
The customs union free movement of goods, and transit
24(3)
The Common Agricultural Policy (CAP) and customs law
27(1)
The customs union and internal taxation
28(4)
Article 90
32(2)
The customs union: VAT and turnover taxes
34(3)
The customs union and state aid
37(1)
The customs union and competition law
38(2)
The common commercial policy and external affairs
40(4)
Anti-dumping and countervailing duties
44(1)
Customs law and the EU
45(3)
The financial context of customs duty: own resources
48(6)
General obligations concerning own resources
50(4)
Fundamental Concepts of the Customs Union
54(29)
The nature of the Community's customs union
54(4)
A customs union not a free trade area
54(3)
Euratom and ECSC
57(1)
The common customs tariff
58(2)
The prohibition of internal customs duties and equivalent charges
60(12)
What is a customs duty or charge having equivalent effect?
62(1)
Regional duties
63(2)
The relevance of a charge's purpose and use
65(2)
Prohibited charges need not be payable to the Member State
67(1)
Charges for services may be prohibited charges
68(1)
Are the activities charged for required or permitted under Community law?
69(1)
Is the activity a service to the payee?
70(1)
Is the amount of the charge legitimate?
71(1)
The nature of `goods'
72(5)
Treaty goods
73(3)
Community goods
76(1)
Free circulation
77(3)
The customs territory of the Community
80(3)
The Customs Union: Legislation and Administration
83(28)
The CCC
84(13)
The nature of the CCC
86(1)
The contents of the CCC
87(4)
Amendments to the CCC
91(4)
The application and interpretation of the CCC
95(2)
The Implementing Regulation
97(3)
The Commission: customs law and administration
100(2)
The Member States: customs law and administration
102(4)
Penalties for customs offences
104(2)
Co-operation between Member States and with the Commission
106(3)
Co-operation in relation to recovery
106(1)
Co-operation in relation to the application of customs law
107(2)
The trader, the Member States. and the Commission
109(2)
The Common Customs Tariff: Administration and Interpretation
111(47)
What is the Tariff?
112(1)
Elements of the Tariff
113(11)
The Combined Nomenclature
113(1)
Its function, history. and basis
113(1)
The CN: what is it?
114(2)
Customs duties: common features - different types
116(2)
The alteration and suspension of customs duties
118(1)
Tariff quotas
119(2)
Tariff quotas: applications and licences
121(1)
Management of tariff quotas
122(1)
Allocation of quotas
123(1)
Traditional trade flows
123(1)
Order of applications-first come first served
124(1)
Application according to quantity requested
124(1)
TARIC and the Tariff Regulation
124(6)
The Commission s discretions in applying the CN and TARIC
126(1)
Case law on the Commission's role
127(1)
Classification regulations
128(2)
The tariff, the Court of Justice, and the requirement of objectivity
130(12)
The role of the Court of Justice
131(3)
The Court of Justice's general approach and the requirement of objectivity
134(2)
Time that objective characteristics considered
136(1)
Evidence of objective characteristics
136(1)
Specific considerations relating to objectivity
137(1)
Advances in medical science
137(1)
Artistic merit
137(1)
Breeding methods
137(1)
Functions which the product facilitates
138(1)
Geographical origin
138(1)
Intention and the creation of products
138(1)
The intended use of products
138(1)
Manufacturing and processing of products
139(1)
Sight and sensory perception
140(1)
Technological innovation
141(1)
Aids to the interpretation of the Tariff
142(9)
General rules regarding the CN
142(1)
General rules for the interpretation of the CN
142(3)
General rules applicable to both nomenclature and duties
145(1)
Notes and Opinions of the WCO and the Community
146(2)
Case law generally
148(1)
Case law on specific goods and classification headings
149(2)
The provision of information by customs authorities
151(7)
Issuing binding information
151(2)
Relying upon binding information
153(1)
The uses of binding information
154(1)
Binding information: validity and invalidity
154(2)
The UK and binding information
156(2)
International Arrangements and Agreements
158(36)
Autonomous Community measures
160(11)
The generalized system of preferences (GSP)
161(2)
The benefits of the GSP
163(2)
Loss of benefits
165(1)
Administrative matters
166(1)
Overseas Countries and Territories
166(3)
The OCT Decision
169(2)
Agreements
171(11)
The EEA Agreement
172(2)
The Europe Agreements
174(1)
Association agreements
175(1)
Co-operation, trade. and development agreements: Yaounde, Lome, and Cotonou
176(5)
Co-operation agreements
181(1)
Partnerships and Co-operation Agreements
181(1)
Trade and co-operation agreements
182(1)
Applying and interpreting international agreements
182(8)
Agreements as part of the Community legal order
182(1)
The Court as interpreter of the agreements
183(2)
Charges having equivalent effect
185(2)
Traders' directly effective rights
187(3)
The role and influence of international law
190(4)
The Origin of Goods
194(48)
Rules of origin: what they concern and their function
195(2)
Multilateral international agreements and non-preferential origin
197(5)
Kyoto: Annex D1 and Specific Annex K
198(1)
Criteria for establishing origin
199(3)
The CCC and non-preferential origin
202(9)
Origin in only one country
202(1)
Maritime matters
203(1)
Territorial sea: CCC, Article 23.2 and 23.3
203(1)
Products taken from the sea: Article 23(f)
204(1)
Exclusive rights to exploit the seabed: Article 23(h)
204(1)
Origin in more than one country
205(1)
`Last' processing or working
206(1)
`Substantial' processing or working
207(1)
Assembly operations
208(1)
CCC Article 25, and origin shopping
209(1)
Special rules for particular products
210(1)
Preferential origin
211(15)
The generalized system of preferences (GSP)
212(1)
Origin in a single country
213(1)
Origin in two or more countries
214(1)
Unit of qualification, accessories and sets
215(1)
Norway and Switzerland
215(1)
Regional cumulation
216(1)
The least-developed countries
217(1)
The Overseas Countries and Territories
217(1)
Other Community measures governing origin
218(1)
Preferential origin under international agreements
219(1)
The EEA
219(2)
Regional cumulation
221(1)
The Europe Agreements
222(1)
Agreements with EFTA
222(1)
Euro-Mediterranean Agreements
223(1)
The ACP states
223(3)
Proof of origin, customs authorities, the Commission, and the trader
226(16)
Proof of origin
226(1)
Proof of origin and the Kyoto Convention
226(1)
Proof of origin and the GSP
227(1)
Certificates of origin form A
228(1)
The obligations of the competent authorities
228(1)
Invoice declarations
229(1)
Single or global proofs of origin?
230(1)
Presentation of the proof of origin
230(1)
Errors in certificates and declarations
231(1)
Transactions for which certificates of origin are unnecessary
231(1)
Evidence of the status of Community goods
231(1)
Proof of origin and international agreements
232(1)
Administrative co-operation
233(1)
Administrative co-operation and the GSP
233(1)
Subsequent verification of origin
234(1)
Case law on relations between importing and exporting states
235(2)
The Commission and subsequent verification
237(1)
The importer and subsequent verification
238(4)
The Valuation of Goods
242(33)
Customs valuation and international agreements
243(3)
The normal price and the transaction value
244(2)
Valuation and Community law
246(4)
Simple, equitable, and commercial- not arbitrary or fictitious
246(1)
Rates of exchange
247(1)
Valuation for customs duty purposes only
248(1)
The transaction value and alternatives to it
249(1)
Determining the transaction value
250(11)
Which sale is relevant?
250(2)
What is `the price actually paid or payable'?
252(2)
Additions to the price actually paid or payable
254(4)
Exclusions from the price actually paid or payable
258(1)
Limitations on the use of the transaction value
258(1)
Related sellers and buyers
259(2)
Alternatives to the transaction price
261(9)
The value of identical goods
262(1)
The value of similar goods
263(1)
The value based on unit price: the deductive method
263(2)
The computed value
265(1)
The elements of computed value
266(1)
The default method
267(1)
Simplified procedures for certain perishable goods
268(2)
Items excluded from customs value
270(2)
Declarations of value
272(3)
Customs Entry and Declaration
275(16)
Entry of goods into the customs territory
276(6)
Customs supervision
276(1)
The duration of supervision
276(1)
Duty to convey goods to a customs office
277(1)
Presentation of goods to customs authorities
277(1)
Summary declaration
278(1)
Temporary storage
278(2)
Extending the time of temporary storage
280(1)
Global applications for extension
281(1)
The declarant and customs declarations
282(9)
The declarant
282(1)
The declaration
283(1)
The purpose of the declaration
283(1)
The form of the standard declaration
283(1)
Documents accompanying the declaration
284(1)
Incomplete and simplified procedures
285(1)
Importers' obligations as regards the customs declaration
286(1)
Lodging and acceptance
287(1)
Amending and invalidating the declaration
287(1)
Examination of the declaration and the goods
288(1)
Release of goods
289(1)
Post-clearance examination of declarations
289(2)
Customs Procedures and Approved uses and Treatments
291(54)
National customs controls in a customs union
292(2)
Proving the existence of Community goods
294(3)
Rules governing customs procedures with economic impact
297(5)
General provisions relating to authorizations
298(1)
Applications for authorization
299(1)
Where to apply
300(1)
Single authorizations
300(1)
The examination of economic conditions
301(1)
Decisions on authorizations
301(1)
The period for which authorizations are effective
302(1)
Release for free circulation and 'end use'
302(4)
Authorization for favourable treatment
303(1)
The contents and duration of an authorization
304(1)
The transfer of goods subject to an authorization
305(1)
Transit procedures
306(15)
The Kyoto Convention
308(1)
International agreements creating transit regimes
309(1)
The TIR Convention
309(1)
TIR and ATA procedures and the Implementing Regulation
310(1)
The Convention on Common Transit
311(2)
Community transit
313(1)
The external transit procedure
313(2)
The internal transit procedure
315(1)
Simplifications
316(1)
The responsibilities of the principal/holder
316(1)
The transit declaration and formalities on departure, en route, and at destination
317(1)
The end and discharge of the procedure
318(1)
The principal's guarantee
318(2)
Irregularities and the customs debt
320(1)
Customs warehousing
321(6)
Community legislation
322(1)
Goods capable of being stored
323(1)
Storing and handling the goods
323(2)
Customs warehouses
325(1)
Responsibilities of warehouse-keeper and depositor
325(1)
Authorization
326(1)
Processing under customs control
327(4)
Community legislation
328(1)
Authorization
328(1)
Operation of the procedure
329(1)
Calculating the customs debt
330(1)
Temporary admission
331(6)
Community legislation
332(1)
Period of temporary importation
333(1)
Total relief from import duty
334(1)
Partial relief from import duty
335(1)
ATA carnet
336(1)
The customs debt
336(1)
Discharge of the procedure
336(1)
Export
337(1)
Customs-approved treatments and uses which are not customs procedures
338(7)
Free zones and warehouses
338(1)
The designation of free zones and warehouses
339(1)
Entry to a zone or warehouse
340(1)
Use of goods and activity within free zones and warehouses
341(2)
Removal of goods from free zones or warehouses
343(1)
Valuation
343(1)
Re-exportation, destruction, and abandonment
343(2)
Inward and Outward Processing
345(28)
The inward processing procedure
345(16)
What it is and why it is necessary
345(1)
Inward processing: a Community procedure
346(1)
The suspension system and the drawback system
347(2)
The equivalent compensation and prior exportation systems
349(1)
The equivalent compensation system
349(1)
The prior exportation system
350(1)
Triangular traffic system
350(1)
Permitted processing operations
350(1)
Authorization
351(1)
The form of the application
351(1)
Conditions for authorization
351(1)
Economic conditions
352(1)
Content of authorization
353(1)
The rates of duration and yield of the procedure
354(1)
The duration of the procedure and the period for discharge
354(1)
Rates of yield
355(1)
Movement of goods within the procedure
356(1)
The customs debt
357(1)
Calculating the proportion of import goods in compensating products
358(1)
The quantitative scale method
359(1)
The value scale method
360(1)
Discharge of the procedure
360(1)
Administrative co-operation
361(1)
Outward processing
361(12)
What it is and why it is necessary
361(1)
Outward processing: a Community procedure
362(1)
The standard exchange and prior importation systems
363(1)
The standard exchange system
363(1)
Prior importation system
364(1)
Triangular traffic system
364(1)
Permitted processing operations
365(1)
Authorization and entry
365(1)
The form of the application
365(1)
Conditions for authorization
366
The content of the authorization
306(61)
Entry of goods for the arrangements
367(1)
The duration and yield of the procedure
367(1)
The duration of the procedure
367(1)
The rate of yield
367(1)
Relief from import duty
368(1)
The method of relief
368(1)
Reasonable means
369(1)
Reduced and zero rates of duty
370(1)
Preferential rates of duty
370(1)
Repair of temporary export goods
370(1)
Calculating the proportion of temporary export goods in compensating products
371(1)
The aggregated discharge procedure
371(1)
Administrative co-operation
372(1)
The Customs Debt and Reliefs From Duty
373(36)
Security for the customs debt
373(4)
Compulsory security
374(1)
Security at the option of the customs authorities
374(1)
Types of security
375(1)
Maintenance of, additions to, and release of security
376(1)
Incurring a customs debt: the basic rules
377(8)
The debt on importation
377(1)
The debt on importation for breach of customs law
378(1)
Unlawful introduction of goods into the customs territory
379(1)
Unlawful removal of goods from supervision
379(1)
Failure to fulfil obligations or comply with conditions
380(2)
Unauthorized consumption or use of goods
382(1)
Two situations in which there is no debt on importation
383(1)
Reliefs and exemptions
384(1)
The debt on exportation
384(1)
The debt on exportation for breach of customs law
384(1)
Removal of goods from the customs territory without a declaration
384(1)
Failure to comply with conditions
385(1)
Reliefs and exemptions
385(1)
The significance of the time and place at which a customs debt is incurred
385(1)
Recovering a customs debt
386(6)
Calculating the debt
387(1)
Entry in the accounts
387(1)
Time limits for entry in the accounts
388(1)
Extension of time periods
389(1)
Subsequent entry into the accounts
389(1)
Communication to the debtor
390(2)
Post-clearance recovery
392(4)
National authorities, post-clearance recovery and non-entry in the accounts
393(1)
The Commission, post-clearance recovery and non-entry in the accounts
394(2)
Payment of the customs debt
396(5)
The obligation to pay and the prescribed periods
397(1)
Deferment of payment
398(1)
Methods of deferment
398(1)
Periods of deferment
399(1)
Payment facilities other than deferment
400(1)
Interest
400(1)
Extinction of a customs debt
401(1)
Reliefs from duty
402(4)
Heads of relief from import duty
403(3)
Heads of relief from export duty
406(1)
Other privileges
406(3)
Returned goods
406(2)
Products of sea fishing
408(1)
Repayment, Remission and Appeals
409(50)
Repayment or remission: an introduction
409(2)
Four groups of situations in which repayment or remission is made
411(1)
Duty not owed or improper entry in the accounts: CCC, Article 236
411(9)
CCC, Article 220.2(a)-(c)
412(1)
CCC, Article 220.2(b): Error on the part of the customs authorities
412(3)
CCC. Article 220.2(b): Detectability
415(4)
CCC. Article 220.2(b): Good faith
419(1)
Relief where declaration invalidated or defective goods
420(2)
Customs declaration invalidated: CCC. Article 237
420(1)
Defective goods: CCC. Article 238
420(2)
Repayment and remission in other situations: CCC, Article 239
422(6)
No deception or obvious negligence
422(2)
Situations giving rise to repayment or remission under Article 900
424(3)
Situations under Article 901
427(1)
Returned goods: Article 903
428(1)
The general fairness clause: Article 905
428(7)
What is a special situation?
430(1)
Examples of situations giving rise to special situations
431(1)
Access to the Official Journal
431(1)
Mistakes by traders
432(1)
Fraud by commercial operators and official investigations
432(1)
Mistakes by customs authorities, the Commission, and others
433(2)
Applications under CCC. Article 239.2
435(7)
The case to the Commission and the Commission's role
436(1)
Representations to the Commission
437(2)
The Commission's decision
439(1)
The Commission's discretion
440(2)
Generally applicable procedural matters
442(5)
Applications for repayment or remission
442(1)
The form and nature of the application
442(1)
The grounds of the application
443(1)
Decision pending
443(1)
The decision
444(1)
Interest on repayments
445(1)
Loss of entitlement to repayment or remission
445(1)
Repayment or remission in error
446(1)
Repayment or remission where quotas and other arrangements apply
446(1)
Situations which do not give rise to relief
447(1)
Appeals
447(12)
Decisions
448(1)
Annulment, revocation, and amendment
449(1)
The appeal, suspension of the decision, and the provision of security
450(1)
The provision of security
451(1)
The UK's appeal procedure
452(1)
Ancillary and non-ancillary matters
453(2)
The provision of security prior to an appeal
455(1)
Security and unconditional rights of appeal
456(1)
Production of documents
457(2)
Planning for the Future
459(6)
Planning for the future by the Council, the Commission, and Member States
459(4)
Customs 2000 and Customs 2002
460(2)
The Council Resolution on a strategy for the customs union
462(1)
Planning for the future by traders
463(2)
Conclusion 465(2)
Selected reading 467(2)
Index 469