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S.I. No. 78/1983 - European Communities (Customs) Regulations, 1983.

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  2. s)or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile Statutory InstrumentsIonstraimí Reachtúla 1983 S.I. No. 78/1983 - European Communities (Customs) Regulations, 1983. S.I. No. 78/1983 - European Communities (Customs) Regulations, 1983. AmendmentsLeasuithe S.I. No. 78

  1. EUROPEAN COMMUNITIES (CUSTOMS) REGULATIONS,
  2. I, ALAN M. DUKES, Minister for Finance, in exercise

the powers conferred on me by section 3

the European Communities Act, 1972 (No. 27

1972), and for the purpose

giving effect to Council Directive No. 81/177/EEC

24 February, 1981,1 hereby make the following Regulations: 1O.J. No. L83, 30.3.1981, p.

  1. These Regulations may be cited as the European Communities (Customs) Regulations,
  2. These Regulations shall come into operation on the 1st day

April, 1983. 3.

(1)In these Regulations— "appropriate

ficer" means any

ficer

customs and excise or any other

ficer

the Revenue Commissioners; "Community" means the European Economic Community; "the Directive" means Council Directive No. 81/177/EEC

24 February, 1981; "the Treaty" means the EEC Treaty;

(2)For the purposes

these Regulations goods shall be regarded as having been presented if their presence at a customs

fice, or at any other place which for the time being stands designated by the Revenue Commissioners, has been notified to an appropriate

ficer in the manner referred to in Article 5

(3)

the Directive.

(3)A word or expression that is used in these Regulations and is also used in the Directive shall, unless the context otherwise requires, have the meaning in these Regulations that it has in the Directive. 4.
(1)Without prejudice to any provision which is a special provision referred to in Article 1
(1)

the Directive, these Regulations apply to any export which is an export described in the said Article 1

(1)

goods fulfilling the conditions laid down in Article 9

(2)

the Treaty.

(2)For the purposes

these Regulations, goods sent to the island

Heligoland shall not be regarded as exports from the customs territory

the Community. 5.

(1)An export to which these Regulations apply shall be conditional upon the lodging at a customs

fice

an export declaration relating thereto.

(2)An export declaration may be lodged pursuant to this Regulation once the relevant goods have been presented at the customs

fice or if, but only if, the appropriate

ficer concerned consents, at any time before such goods are so presented.

(3)Where an export declaration is lodged before the time at which the goods to which it relates are presented, the appropriate

ficer concerned may specify a period, to be determined according to the circumstances, within which such goods are to be presented for export, and if such goods are not presented within the period so fixed the export declaration shall be deemed not to have been lodged.

(4)( a ) An export declaration may be lodged at a customs

fice at any time during the hours which for the time being stand appointed by the Revenue Commissioners for the transaction

Customs business. ( b ) An appropriate

ficer may, at the request

the declarant and at his expense, permit an export declaration to be lodged at a customs

fice at a time outside the hours referred to in subparagraph (a)

this paragraph. 6. Nothing in these Regulations shall be construed as affecting the application to any export to which these Regulations apply

any provision

the Customs Acts, or

any instrument relating to the Customs made under statute, being a provision in respect

the entry and clearance

goods intended for exportation. 7. Where goods intended to be exported comprise an export to which these Regulations apply, for the purpose

making an export declaration and in so far as the goods are subject to a specific customs procedure, an appropriate

ficer may, subject to its being requested by the person by whom the declaration is intended to be made and to such other conditions as the Revenue Commissioners shall specify, authorise an examination and taking

samples

the goods prior to their being exported. 8.

(1)An export declaration shall be accepted for the purposes

these Regulations by an appropriate

ficer if he is satisfied that it complies with the conditions mentioned in Article 6

(1)

the Directive and if so accepted its acceptance shall be in the manner described in the said Article 6

(1).
(2)Where, pursuant to Regulation 5
(2)

these Regulations an export declaration is lodged before the goods to which it relates are presented, it may be accepted only after the goods to which it relates have been so presented.

(3)The date

acceptance

an export declaration shall be noted by an appropriate

ficer on the declaration. 9.

(1)The declarant shall, at his request, be authorised to correct the export declaration accepted by an appropriate

ficer under the conditions laid down in Article 6

the Directive, as regards one or more

the particulars referred to in Article 3

(1)

the Directive, subject to the corrections complying with each

the requirements

subparagraphs (a), (b) and (c)

Article 7

(1)

the Directive.

(2)As regards a correction referred to in paragraph
(1)

this Regulation, an appropriate

ficer may allow or require it to be made by lodging a new declaration intended to replace the original declaration, and where such a new declaration is lodged, the date for determining the export duties relating to the goods in question and for the application

any other export provision shall be that

the acceptance

the original export declaration. 10.

(1)Subject to paragraphs
(2)and
(3)

this Regulation, for so long as the goods have not left the customs territory

the Community, the declarant may request that the relevant export declaration be cancelled.

(2)Where an appropriate

ficer has informed the declarant

his intention to examine the goods in respect

which a declaration is made, a request for cancellation

the declaration may not be made until the examination has taken place.

(3)The Revenue Commissioners shall authorise the cancellation

an export declaration if, and only if, the declarant satisfies, in relation to the declaration, the requirements

subparagraphs (a) and (b)

Article 8

(2)

the Directive, and where the requirements

either subparagraph (c) or (d)

the said Article 8

(2)or the requirements

both

those subparagraphs apply in relation to the declaration, the declarant also so satisfies all or such

the requirements

the said subparagraphs (

  1. c)and (
  2. d)as so apply.

(4)( a ) Where the goods declared for export are required to leave the customs territory

the Community within a specified period, failure to comply with the requirement shall result in the cancellation

the relevant export declaration except where the time limit is extended by an appropriate

ficer. ( b ) In case subparagraph (a)

this paragraph operates to cancel an export declaration, the declarant shall, in relation to the declaration, satisfy the requirements

subparagraph (b)

Article 8

(2)

the Directive, and where the requirements

either subparagraph (c) or (d)

the said Article 8

(2)or the requirements

both

those subparagraphs apply in relation to the declaration, the declarant shall also so satisfy all or such

the requirements

the said subparagraphs (

  1. c)and (
  2. d)as so apply.

(5)The cancellation under these Regulations, whether by virtue

paragraph

(4)

this Regulation or otherwise,

an export declaration shall, where appropriate, result in the cancellation

attributions on any export licence or advance-fixing certificate presented in support

the declaration.

(6)The cancellation under these Regulations, whether by virtue

paragraph

(4)

this Regulation or otherwise,

an export declaration shall not be construed as in any way affecting the liability

the declarant to any penalty or other sanction for an

fence committed by the declarant in relation to Customs. 11.

(1)Without prejudice to any other power conferred on him, an appropriate

ficer may examine all or part

the declared goods in such places and at such times as may be appointed by the Revenue Commissioners for the purpose

such examination.

(2)An appropriate

ficer may, at the request

the declarant, authorise the examination under this Regulation

goods in places or at times other than those referred to in paragraph

(1)

this Regulation, and in case such goods are so examined, any costs involved shall be borne by the declarant.

(3)Transport

the goods to the places where they are to be examined under this Regulation, unpacking, repacking and all other operations necessitated by such examination shall be carried out by the declarant or on his responsibility. In all cases, any costs involved shall be borne by the declarant.

(4)The declarant shall be entitled to be present at the examination under this Regulation

the goods or to be represented at it. If an appropriate

ficer sees fit, he may require the declarant to be present at such examination

the goods, or to be represented at it in order to assist with the examination, as necessary.

(5)When examining the goods under this Regulation, an appropriate

ficer may take samples for analysis or more detailed examination. The costs arising from such analysis or more detailed examination shall not be borne by the declarant. 12. The provisions

Article 10

the Directive shall apply as regards both the calculation

the duties, refunds and amounts referred to in that article and the application

the other provisions so referred to. 13. The date

acceptance

the declaration shall be the operative date for: ( a ) determining the rates or amounts

export duties to which the goods to which the declaration relates may be subject, as well as other particulars material to the calculation

such duties; ( b ) applying any other Community provisions governing export

such goods. 14. Without prejudice to the application

any measures referred to in Article 13

the Directive, an appropriate

ficer may authorise export

the goods declared for export only if he is satisfied that, where appropriate, the export duties have been paid or guaranteed or that payment

them has been deferred under the conditions referred to in the said Article

  1. Goods which wholly or partly comprise an export to which these Regulations apply and which have been cleared for exportation shall remain under customs control until they are exported.
  2. Nothing in these Regulations shall be construed as affecting, in the circumstances mentioned in Article 5

(6)

the Directive, any Regulation made before the commencement

these Regulations for the purpose

giving effect to anything adopted by the State on the basis

Article 36

the Treaty. 17. These Regulations shall be construed together with the Customs Acts and any instrument relating to the Customs made under statute. ALAN M. DUKES GIVEN under my

ficial Seal, this 15th day

March, 1983. EXPLANATORY NOTE. These Regulations, which come into operation on 1 April, 1983 implement at national level Community Directive 81/177/EEC which determines general rules for the export

goods from the Customs territory

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