No L 388/24. Official Journal of the European Communities 30.12. 89 COUNCIL REGULATION (EEC) No 4046/89 of 21 December 1989 on the security to be given to ensure payment of a customs debt THE COUNCIL OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, and -in particular Article 100a thereof, Having regard to the proposal from the Commission (?), In cooperation with the European Parliament (2), Having regard to the opinion of the Economic and Social Committee (3), Whereas certain provisions of the law on customs matters stipulate that the customs authorities are either obliged or entitled to require security to be given to ensure payment of a customs debt which has been, or may be, incurred; Whereas the rules governing such security are of particular importance for the proper functioning of the customs union and for ensuring the greatest degree of equal treatment for traders; whereas, since the giving of security in fact involves “substantial expense, it is-important that all Community traders, irrespective of the Member State in which they are situated, be subject to the same rules in regard, inter alia, to the manner in which such security may be given and the calculation of the amount thereof; Whereas, where security is required, it must be given once only by the person by whom the customs debt has been or may be incurred; whereas no security -should be required where that person is a public authority, since there is no risk of failure to pay the amount of the customs debt involved; whereas the cost-involved in the provision of security, both for traders and for the customs authority, may be . disproportionate to the real risk of non-payment of the customs debt where the amount of the latter does not exceed a certain limit; whereas the customs authority must therefore - have the option to waive security for customs debts below that limit; Whereas, for the sake of simplification, it should be made possible to give comprehensive security covering a number of operations in respect of which a customs debt will or may be incurred; Whereas, where the requirement of security is optional, such security should be required insofar as the customs debt is not (1) OJ No C 30, 4. 2. 1983, p. 11. (2) O] No C 77, 19.3.1984, p. 159 and O] No C 291, 20, 11. 1989, p. 49. (3) O] No C 211, 8. 3. 1983, p. 2. certain to be paid by the prescribed time-limit; whereas the customs authority should assess the facts of the specific case to determine whether the customs debt is not certain to be paid; whereas provision must be made for such optional security to be required at any time if the customs authority considers it necessary; ' Whereas, where the requirement of security is compulsory, the amount thereof must be equal to the amount of the customs debt in question as established or estimated by the customs authority; whereas, where the requirement of security is optional, the maximum amount thereof must not exceed the amount of the customs debt actually at stake; . Whereas the types of security most effective for ensuring payment of a customs debt are a cash deposit or its equivalent or the provision of a guarantor; whereas the persons concerned must be free to choose between those two types of security; whereas; under certain customs procedures; specific types of security are, however, provided for at Community level; whereas they should be retained; whereas the customs authority must have the right to refuse the proposed security where it considers that security does not ensure payment of - the customs debt within the time-limit laid down; whereas, as occasion requires, that authority must, however, have the right to accept types of security other than one of the two referred to above where they provide equivalent assurance that the customs debt will'be paid; Whereas the security must be released as-soon as the customs debtto which it relates is extinguished or can no:longer arise; whereas it must be made possible for part of the security to be released having regard to any reduction in the amount of the secured customs debt; Whereas, for the sake of simplification, the rules for securing import duties and export duties must also be applied where security is given to ensure payment of charges resulting from the implementation of the common agricultural policy imposed on Community goods in intra-Community trade; Whereas the rules governing security contained in certain international . conventions remain unaffected by the application of Community rules on the subject; whereas the same is true of the Community transit procedure; Whereas it is necessary to repeal or amend such provisions relating to security as are already contained in Community legislation which conflict with those in this Regulation,