Schedule — IMPORT DUTIES ACT
Schedule · IMPORT DUTIES ACT
(Article 5 omissis)
Article 6
1. In order to obtain admission free of import duties of an article for the use of
handicapped persons under the provisions of Article 72(1) of Part A of this Schedule
the head of the institution or organization to which the article is consigned, or his
authorized representative, must submit an application to the competent authority of
the Member State in which the institution or organization is situated.
2. The application referred to in paragraph 1 shall contain the following
information relating to the article in question
(a) the precise trade description of the article used by the manufacturer, its
presumed combined nomenclature classification and the objective
technical characteristics indicating that it was specially designed for the
education, employment or social advancement of handicapped persons;
(b) the name or business name and address of the manufacturer and, if
applicable, of the supplier;
(c) the country of origin of the article;
(d) the place of destination of the article;
(e) the precise use for which the article is intended;
(f)
the price of the article or its value for customs purposes;
(g) the quantity of the article in question.
Documentary evidence providing all relevant information on the
characteristics and technical specifications of the article shall be furnished with the
application.
Article 7
The competent authority of the Member State in which is situated the
institution or organization to which the articles are consigned shall take a direct
decision on applications under Article 6.
(Articles 8 - 9 omissis)
Article 10
Authorizations for admission free of import duties shall be valid for a period
of six months.
The competent authorities may, however, set a longer period in the light of
the particular circumstances of each case.
TITLE V
SPECIAL PROVISIONS RELATING TO THE ADMISSION FREE OF IMPORT
DUTIES OF SPARE PARTS, COMPONENTS, SPECIFIC ACCESSORIES OR
TOOLS UNDER THE SECOND SUBPARAGRAPH OF ARTICLE 71 AND
ARTICLE 72(2) OF PART A OF THIS SCHEDULE
Article 13
For the purposes of the second subparagraph of Articles 71 and 72(2) of Part
A of this Schedule, "specific accessories" means items specially designed for use
with a specific article for the purpose of improving its performance and scope.
Article 14
In order to obtain admission free of import duties of spare parts, components
specific accessories or tools under the second subparagraph of Article 71 or 72(2) of
Part A of this Schedule, the head of the institution or organization to which the
articles are consigned, or his authorized representative, must submit an application
to the competent authority of the Member State in which the institution or
organization is situated.
This application must be accompanied by all data deemed necessary by the
competent authority for the purpose of determining whether the conditions laid down
in the second subparagraph of Article 71 or in Article 72(2) of Part A of this
Schedule are fulfilled.
Article 15
The competent authority of the Member State in which is situated the
institution or organization to which such articles are consigned shall give a direct
decision on applications under Article 14.
CHAPTER II
PROVISIONS APPLICABLE TO IMPORTATIONS CARRIED OUT BY BLIND
PERSONS AND OTHER HANDICAPPED PERSONS
Article 16
Articles 4, 13, 14 and 15 shall apply mutatis mutandis to exemption from
import duties of the articles referred to in the first and second subparagraphs of
Article 71 of Part A of this Schedule imported by blind persons themselves for their
own use.
Article 17
The following shall apply mutatis mutandis to exemption from import duties
of articles imported by handicapped persons themselves for their own use
-
Article 6, 7 and 10 in the case of articles referred to in Article 72(1) of
Part A of this Schedule,
-
Articles 13, 14 and 15 in the case of articles referred to in Article 72(2)
of Part A of this Schedule.
Article 18
The competent authorities may allow the application provided for in Articles
4 and 6 to be made in a simplified form, where it relates to items imported under the
conditions referred to in Articles 16 and 17.
PART D
Provisions for the implementation of Articles 50 to 59b, 63a and 63b
of Part A of this Schedule
Article 1
This Part lays down provisions for the implementation of Articles 50 to 59b,
63a and 63b of Part A of this Schedule.
TITLE I
GENERAL PROVISIONS
A.
Obligations on the part of the establishment or organization to which the
goods are consigned
Article 2
1. The admission free of import duties of educational, scientific and cultural
materials referred to in Article 51, 52(1) and 53 of Part A of this Schedule,
hereinafter referred to as "goods", shall entail the following obligations on the part
of the establishment or organization to which the goods are consigned
-
to dispatch the goods in question directly to the declared place of
destination,
-
to account for them in its inventory,
-
to facilitate any verification which the competent authorities consider
necessary in order to ensure that the conditions for granting admission
free of import duties are satisfied, or remain satisfied.
In addition, in the case of goods referred to in Articles 52(1) and 53 of Part
A of this Schedule, it shall entail the obligation on the part of the establishment or
organization to which the goods are consigned to use the abovementioned goods
exclusively for non-commercial purposes within the meaning of the second indent of
Article 54 of Part A of this Schedule.
2. The head of the establishment or organization to which the goods are
consigned, or his authorized representative, shall furnish the competent authorities
with a statement declaring that he is aware of the various obligations listed in
paragraph 1 and including an undertaking to comply with them.
The competent authorities may require that the statement referred to in the
preceding subparagraph be produced for each import, or for several imports, or for
all the imports to be carried out by the establishment or organization to which the
goods are consigned.
B.
Provisions to be applied where the goods are lent, hired out or transferred
Article 3
1. Where the provisions of the first subparagraph of Article 57(2) of Part A of
this Schedule are applied, the establishment or organization to which goods are lent,
hired out or transferred shall, from the date of receipt of the goods, comply with the
same obligations as those set out in Article 2.
2. Where the establishment or organization to which the goods are lent, hired
out or transferred is situated in a Member State other than that in which the
establishment that lent, hired out or transferred the goods is situated, upon the
dispatch of such goods the competent customs office of the Member State of
dispatch shall issue a control Copy T 5 in accordance with the rules laid down in
Regulation (EEC) No 2823/87 in order to ensure that such goods are put to a use
entitling them to continue to qualify for admission free of import duties
"UNESCO goods: continuation of relief subject to compliance with the first
subparagraph of Article 57 (2) of Regulation (EEC) No 918/83".
3. The provisions of paragraphs 1 and 2 shall apply mutatis mutandis to the
loan, hire or transfer of spare parts, components or specific accessories for scientific
instruments or apparatus, and to tools for the maintenance, control, calibration or
repair of scientific instruments or apparatus, which have been admitted free of
import duties under Article 53 of Part A of this Schedule.
TITLE II
SPECIFIC PROVISIONS RELATING TO THE ADMISSION FREE OF IMPORT
DUTIES OF EDUCATIONAL, SCIENTIFIC OR CULTURAL MATERIALS IN
ACCORDANCE WITH ARTICLE 51 OF PART A OF THIS SCHEDULE
Article 4
In order to obtain admission free of import duties of goods in accordance
with Article 51 of Part A of this Schedule, the head of the establishment or
organization to which the goods are consigned, or his authorized representative,
must submit an application to the competent authority of the Member State in which
the establishment or organization is situated.
Such application must be accompanied by all information which the
competent authority considers necessary for the purpose of determining whether the
conditions laid down for granting admission free of import duties are fulfilled.
TITLE III
SPECIFIC PROVISIONS RELATING TO THE IMPORTATION FREE OF IMPORT
DUTIES OF SCIENTIFIC INSTRUMENTS AND APPARATUS UNDER
ARTICLES 52 AND 54 OF PART A OF THIS SCHEDULE
Article 5
For the purposes of the first indent of Article 54 of Part A of this Schedule,
the objective technical characteristics of a scientific instrument or apparatus shall be
understood to mean those characteristics resulting from the construction of that
instrument or apparatus or from adjustments to a standard instrument or apparatus
which make it possible to obtain high-level performances above those normally
required for industrial or commercial use.
Where it is not possible to establish clearly on the basics of its objective
technical characteristics whether an instrument or apparatus is to be regarded as a
scientific instrument or apparatus, reference shall be made to the use of the
instrument or apparatus for which admission free of import duties is requested. If
this examination shows that the instrument or apparatus in question is used for
scientific purposes, it shall be deemed to be of a scientific nature.
Article 6
1. In order to obtain admission free of import duties of a scientific instrument
or apparatus under the provisions of Article 52(1) of Part A of this Schedule, the
head of the establishment or organization to which the goods are consigned, or his
authorized representative, must submit an application to the competent authority of
the Member State in which the establishment or organization is situated.
2. The application referred to in paragraph 1 must contain the following
information relating to the instrument or apparatus in question
(a) the precise trade description of the instrument or apparatus used by the
manufacturer, its presumed combined nomenclature classification and
the objective technical characteristics on the basis of which the
instrument or apparatus is considered to be scientific;
(b) the name or business name and address of the manufacturer and, if
available, of the supplier;
(c) the country of origin of the instrument or apparatus;
(d) the place where the instrument or apparatus is to be used;
(e) the precise use for which the instrument or apparatus is intended;
(f)
the price of the instrument or apparatus or its value for customs
purposes;
(g) the quantity of the instrument or apparatus in question.
Documentary evidence providing all relevant information on the characteristics
and technical specifications of the instrument or apparatus must be furnished with
the application.
Article 7
The competent authority of the Member State in which is situated the
establishment or organization to which the goods are consigned shall take a direct
decision on applications under Article 6 in all cases.
Article 8
Authorizations for admission free of import duties shall be valid for a period
of six months.
The competent authorities may, however, set a longer period in the light of
the particular circumstances of each case.
(Articles 9 - 11 omissis)
TITLE V
SPECIFIC PROVISIONS RELATING TO THE ADMISSION FREE OF IMPORT
DUTIES OF SPARE PARTS, COMPONENTS, SPECIFIC ACCESSORIES AND
TOOLS UNDER ARTICLE 53 PART A OF THIS SCHEDULE
Article 12
For the purpose of Article 53(a) of Part A of this Schedule specific
accessories means those articles specially designed for use with a specific scientific
instrument or apparatus for the purpose of improving its performance and scope.
Article 13
In order to obtain admission free of import duties under Article 53 of Part A
of this Schedule, either of spare parts, components or specific accessories, or of
tools, the head of the establishment or organization to which the goods are
consigned, or his authorized representative, must submit an application to the
competent authority of the Member State in which the establishment or organization
is situated.
This application must be accompanied by all data deemed necessary by the
competent authority for the purpose of determining whether the conditions laid down
in Article 53 of Part A of this Schedule are fulfilled.
Article 14
The competent authority of the Member State in which is situated the
establishment or organization to which the goods are consigned shall take a direct
decision in respect of the application referred to in Article 13.
Article 15
The provisions of Article 8 shall apply to authorizations for admission free
of import duties issued under Article 53 of Part A of this Schedule.
TITLE Va
SPECIAL PROVISIONS RELATING TO THE ADMISSION FREE OF IMPORT
DUTIES OF MEDICAL INSTRUMENTS OR APPARATUS UNDER ARTICLES
63a AND 63b OF PART A OF THIS SCHEDULE
Article 15a
1. In order to obtain admission free of import duties of instruments or
apparatus under Articles 63a and 63b of Part A of this Schedule, the head of the
establishment or organization to which the goods are consigned, or his authorized
representative, must submit an application to the competent authority of the Member
State in which the establishment or organization is situated.
2. The application referred to in paragraph 1 must contain the following
information relating to the instrument or apparatus in question
(a) the precise trade description of the instrument or apparatus used by the
manufacturer, and its presumed classification in the combined
nomenclature;
(b) the name or business name and address of the manufacturer and, if
available, of the supplier;
(c) the country of origin of the instrument or apparatus;
(d) the place where the instrument or apparatus is to be used;
(e) the use which the instrument or apparatus is to be put.
3. In the case of a gift, the application shall also include
(a) the name of business name and address of the donor;
(b) a declaration by the applicant to the effect that
i.
the donation of the instrument or apparatus in question does not
conceal any commercial intent on the part of the donor;
ii.
the donor is no way associated with the manufacturer of the
instruments or apparatus whose duty-free admission is requested.
Article 15c
The competent authority of the Member State in which is situated the
establishment or organization to which the goods are consigned shall take a direct
decision on applications in all cases.
Article 15d
The provisions of Articles 15a and 15c shall apply mutatis mutandis to spare
parts, components, specific accessories and tools to be used for the maintenance,
checking, calibration or repair of instruments of apparatus admitted duty-free
pursuant to Article 63a(2)(a) and (b) of Part A of this Schedule.
Article 15e
The provisions of Article 8 shall apply, mutatis mutandis.
TITLE VI
COMMUNICATION OF INFORMATION TO THE COMMISSION AND THE
MEMBER STATES
Article 16
1. Each Member State shall send the Commission a list of the instruments,
apparatus, spare parts, components, accessories and tools of which the price or the
value for customs purposes exceeds the equivalence of EUR 5000, when converted
to Maltese currency at the time of importation, and in respect of which it has
authorized or refused admission free of import duties under Articles 7, 14 or 15c.
The list shall give the precise trade description of the goods referred to in
the first subparagraph and the eight-figure combined nomenclature code. It shall also
include the name of the manufacturer or manufacturers, the country or countries of
origin and the price or customs value of the goods concerned.
2. The lists referred to in paragraph 1 shall be sent during the first and third
quarters of each year and shall contain particulars of those goods whose admission
free of import duties has been authorized or refused during the preceding six months.
3. The Commission shall forward these lists to the other Member States.
(Article 17 omissis)
Article 18
In order to ensure the uniform application of Community provisions, the
lists referred to in Article 16 shall be examined periodically by the Committee on
Duty Free Arrangements.
TITLE VIa
SPECIFIC PROVISIONS RELATING TO THE ADMISSION FREE OF IMPORT
DUTIES OF EQUIPMENT UNDER ARTICLES 59a AND 59b
OF PART A OF THIS SCHEDULE
Article 18a
1. In order to obtain admission free of import duties of equipment under
Articles 59a and 59b of Part A of this Schedule, the head of the scientific research
establishment or organization based outside the Community or his authorized
representative shall submit an application to the competent authority of the Member
State in which the scientific research establishment or organization based in the
Community is situated.
2. The application referred to in paragraph 1 shall contain the following
information
(a) a copy of the scientific cooperation agreement between research
establishments situated in the Community and in third countries;
(b) the precise trade description of the equipment as well as the quantity
and value thereof and, where appropriate, its presumed classification in
the combined nomenclature;
(c) the country of origin and of consignment of the equipment;
(d) the place where the equipment is to be used;
(e) the use for which the equipment is intended and the duration of its use.
Article 18b
1. Where the competent authority of a Member State in which the
establishment or organization based in the Community is situated receives an
application for the admission free of import duties of equipment as defined by
Article 59a of Part A of this Schedule, the application and related information shall
be sent to the Commission so that it can be examined within the Committee on Duty-
Free Arrangements before a decision is taken by the said competent authority.
For the purposes of this examination, additional information shall be sent to
the Commission on request.
2. The competent authority referred to in paragraph 1 shall inform the
Commission of the decision it has taken concerning admission free of import duties.
Article 18c
The provisions of Article 8 shall apply mutatis mutandis.
PART E
Provisions for the implementation of Article 63c of Part A of this Schedule
Article 1
This Part lays down provisions for the implementation of Article 63c of Part
A of this Schedule.
Article 2
The relief referred to in Article 63c of Part A of this Schedule shall apply
only to consignments sent by the "WHO Collaborating Centre for Chemical
Reference Substances" in Stockholm (Sweden) to consignees who are authorized by
the competent national authorities to receive them duty free.
Article 3
Relief from import duties for consignments referred to in Article 63c of this
Schedule shall be conditional on the display, on packages containing reference
substances, of
-
firstly, the stamp of the WHO Collaborating Centre referred to in
Article 2 above,
-
secondly, a label, a specimen of which is shown in the Annex to this
Part, on which the box corresponding to chemical reference substances
has been clearly marked with a tick.
Article 4
Relief shall extend to any special packaging which is essential to the
transportation of chemical reference substances and to any requisite accessories
which the consignments may contain.
ANNEX
IMPORT DUTIES