No L 186/8 Official Journal of the European Communities - 30. 6. 89 COUNCIL REGULATION (EEC) No 1855/89 of 14 June 1989 on the temporary importation of means of transport THE COUNCIL OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty-establishing the European Economic Community, and in -particular Article 113 therof, 3 Having regard to the proposal from the Commission (), Having regard to the opinion of the European Parliament (2), Having regard to the opinion of the Economic and Social Committee (3), Whereas temporary importation allowing the use without payment of import duties of certain means of transport which do not satisfy the conditions of Article 9 (2) of the Treaty, where such means of transport are intended for re-export, is provided for in the law of the majority of the Member States; whereas such arrangements are also the subject of several multilateral international conventions to which some or all Member States are contracting parties; whereas the requirements of the custgms union make it desirable for a uniform arrangement for the temperary importation of means, of transport to be established; Whereas Regulation {EEC) No 3599/82 (4), as amended by Regulation (EEC) No. 1620/85 (%), established arrangements for temporary importation which did not include means of transport; Whereas the means of transport which do not meet the conditions-laid down by this Regulation may nevertheless be covered by the said arrangements; Whereasiit is necessary to ensure the uniform implementation of this Regulation and therefore- make provision for-a Community procedure -for the adoption of implementing - rules; whereas close and effective cooperation in this field bétween the Member States and the Commission should be organized through the Committee for Customs Procedures with Economic Impact established by Council Regulation (EEC) No 1999/85 of 16 July 1985 on inward processing arrangements (¢), (1) O] No C 4,7.1.1984, p. 3. (2) OJ No C 104, 16. 4. 1984, p. 116. (3) O] No C 248, 17. 9. 1984, p. 6. (*) O] NO L 376, 31, 12. 1982, p. 1. (5) OJ No L 155, 14. 6. 1985, p. 54. () O] No L 188, 20. 7. 1985, p. 1. HAS ADOPTED THIS REGULATION: TITLE 1 General provisions Article 1 means of trangport shall permit the importation, in accordance wit{ the progédures and conditions laid down in this Regulation and free of all import duties, of means of transport which it is intended will stay temporarily in the customs territory of the Community and then be re-exported. 1. The arra?nents for the temporary importation of 2. For the purposes of this Regulation: (a) ‘person’ shall mean: — a natural person, or — alegal person, or — when the possibility is provided for in the rules in force, an association of persons recognized ashaving legal capacity but lacking the status in law of a legal person; (b). ‘person established outside the customs territory of the Community’ shall mean a natural person having his normal residence outside the customs territory of the Community or a legal person having his registered place of business outside that territory; (c) ‘import duties’ shall mean the duties defined in Article 1 (2) of Regulation (EEC) No 3599/82; (d) ‘business use’ shall mean the use of a means of transport in direct exercise of an activity carried out for consideration or financial gain; (e) ‘private use’ shall mean use for purposes other than business use as defined in (d); (f) ‘means of transport’ shall mean any means used for the transport of persons or goods. ‘Means of transport’ shall cover spare parts and normal accessories - and equipment, including the equipment used to stow, secure or protect goods, imported with the means of transport; (g) ‘customs authority’ shall mean any authority competent to apply customs rules even if that authority is not part of the customs administration.