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Procedure for customs formalities relating to strategic goods and for informing the customs authorities on transferring strategic goods within the European Union and transporting weapons by air

Passed 22.12.2011 No. 163

This Regulation is enacted on the basis of Sections 3(7), 78(6) and 79(6) of the Strateegilise kauba seadus [Strategic Goods Act].

§ 1.  General provisions

 (1) This Regulation lays down:
 1) the procedure for customs formalities relating to strategic goods;
 2) the procedure for informing the customs authorities on transferring from a Member State of the European Union to Estonia and from Estonia to a Member State of the European Union (hereinafter ‘transfer within the European Union’) military goods and dual-use items listed in Category 5, Part 2 of Annex I to Council Regulation (EC) No 428/2009 setting up a Community regime for the control of exports, transfer, brokering and transit of dual-use items (OJ L 134, 29.5.2009, p. 1–269) but not referred to in Annex IV (hereinafter ‘listed in the Council Regulation’) and on the cross-border transport by air of firearms on the basis of special authorisations for strategic goods;
 3) a list of the data to be presented to the customs authorities in notices concerning the transfer within the European Union of military goods and dual-use items listed in the Council Regulation or the cross-border transport by air of firearms on the basis of special authorisations for strategic goods.

 (2) This Regulation shall be applied regardless of the quantity and value of the strategic goods.

 (3) The quantity of goods indicated in a special authorisation may be transferred across the Estonian state border in one or several consignments.

§ 2.  Customs formalities

 (1) The customs official shall check the existence and validity of a special authorisation or of the right to use a special authorisation and whether the goods meet the conditions set out therein and correspond to the accompanying documents and the customs declaration.

 (2) The customs official shall indicate the quantity and value of the goods, the date on which the goods crossed the border and the customs declaration acceptance number on the original copy of the special authorisation and shall confirm these data by signing and stamping the authorisation.

 (3) When indicating these data on a special authorisation at a border inspection post, the customs declaration acceptance number shall be indicated in the box for the general declaration number or the transit document number.

 (4) If goods are transferred in several consignments on the basis of one special authorisation, the customs official shall check that the total quantity of goods in the consignments does not exceed the total quantity indicated in the special authorisation.

 (5) The customs official shall return the original copy of the special authorisation to the person who presented it.

§ 3.  Procedure for informing the customs authorities on transferring within the European Union military goods and dual-use items listed in the Council Regulation and on the cross-border transport by air of firearms on the basis of special authorisations for strategic goods

 (1) A person transferring within the European Union military goods and dual-use items listed in the Council Regulation (hereinafter ‘the operator’) shall present electronically a notice to the customs authorities at least 24 hours before the goods are to be transferred out of or into Estonia. A specimen electronic notice is annexed to this Regulation.

 (2) When carrying out the cross-border transport by air of firearms on the basis of a special authorisation for strategic goods, the person transferring the goods shall present electronically a notice to the customs authorities at least 24 hours before the goods are to be transferred out of or into Estonia. A specimen electronic notice is annexed to this Regulation.

 (3) At the earliest opportunity, the customs authorities shall send to the person who presented the notice confirmation that the notice has been received or that the data set out therein have changed.

 (4) Where necessary and within 24 hours of a notice being presented, the customs authorities shall send to the person who presented the notice a demand for the special authorisation, the accompanying documents and the goods to be presented at a time and place determined by the customs authorities.

§ 4.  List of data to be presented to the customs authorities

  The following data shall be set out in the notice referred to in Section 3(1) and (2) of this Regulation:
 1) the name, address, telephone number and e-mail address of the operator transferring the strategic goods and of their recipient, and the personal identification code or date of birth of those persons if they are natural persons or their registry code if they are legal entities;
 2) the name, description, quantity, value and country of origin of the goods;
 3) the Combined Nomenclature code of the goods in accordance with Council Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff (OJ L 256, 7.9.1987, p. 1–675);
 4) the name and number of the special authorisation;
 5) the invoice number;
 6) the name and registration number of the means of transport, and the container number;
 7) the date and anticipated time of crossing the Estonian state border;
 8) the place where the goods will be unloaded;
 9) the name, telephone number and e-mail address of the person presenting the notice;
 10) the date and time of presenting the data;
 11) other information deemed important to submit.

§ 5.  Entry into force of this Regulation

  This Regulation shall enter into force on 1 January 2012.

Annex Notice to the Tax and Customs Board