4. 11. 89 Official Journal of the European Communities No L 321/5 COUNCIL REGULATION (EEC) No 3312/89 of 30 October 1989 on the temporary import of containers THE COUNCIL OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, and in particular Article 113 thereof, Having regard to the proposal from the Commission, Whereas: Council Regulation (EEC) No 2096/87 of 13 July 1987 on the temporary importation of containers (') was annulled by the judgment of the Court of Justice on 2 February 1989 in case 275/87(%); whereas, in accordance with the Court’s judgment, the effects of the said Regulation remain -until the entry into force of the measures to be taken by the Council in order to carry out the judgment; Whereas Community legislation should cover temporary import of containers which do not satisfy the conditions laid down in Articles 9 and 10 of the Treaty ; whereas the Member States are contracting parties to the Customs Convention on Containers, done at Geneva on 18 May 1956, or to the Customs Convention on Containers, done at Geneva on 2 December 1972; whereas: these Conventions have an effect on the common .customs legislation ; whereas it is necessary, having regard to the specific requirements of the customs union, to lay down Community provisions; whereas these provisions constitute -an essential instrument of the commercial policy of the Community ; Whereas it is necessary to ensure uniform implemen- tation of this Regulation and, to. this "end, to make provision for a Community: procedure whereby the relevant- implementing provisions may be adopted; whereas close and effective cooperation in this field between the Member States and the Commission should be organized through the Committee for Customs Procedures established by Council Regulation (EEC) No 1999/85 of 16 July 1985 on inward processing relief arrangements (°), HAS ADOPTED THIS REGULATION : Article 1 Under temporary: import arrangements containers, whether or not loaded with goods, which do not satisfy ~~ the conditions laid down in Articles 9 and 10 of the Treaty and which are intended to be subsequently re-exported outside the customs territory of the OJ No L 196, 17. 7. 1987, p. 4. 0J No C 66, 16. 3. 1989, p. 4. O] No L 188, 20. 7. 1985, p. 1. Community, may be used within that territory in accordance with the conditions laid down in this Regulation, with total relief from import duties and with no prohibition or: restriction on import. Article 2 For the purposes of this Regulation: - (a) ‘container shall mean an article of transport equipment (lift-van, movable tank, demountable body or other similar structure): — fully or partially enclosed to constitute a- compartment intended for containing goods, — of a permanent character and accordingly strong enough to be suitable for repeated use, — specially desighed to facilitate the- carriage of goods, by one or more modes of transport, without intermediate reloading, — designed for ready handling, particularly when being transferred from one mode of transport to another ; — designed to be easy to fill and to empty, and having an internal volume of one cubic metre or more. Platform flats shall be treated as containers. Moreover, exceptions may be authorized in accordance - with the procedure referred -to in Article 15. In accordance with “the procedure, the definition of containers may.be supplemented to take account of technical developments. The term ‘container’ shall include the accessories and. equipment of the container, appropriate for the type concerned, provided that such accessories: and equipment are carried with the container. The term ‘container’ shall not include vehicles, accessories or spare parts of vehicles, or packaging; (b) “import duties’ shall mean the duties defined -in Atticle 1 (2) of Regulation (BEC) No 3599/82 (), as amended by Regulation (EEC) No 1620/85 (%) ; (c) ‘customs - authority’ shall mean- any authority competent to apply customs rules, even if that authority is not part of the customs administration ; (d) ‘internal traffic’ shall mean the carriage of goods loaded in the customs territory of the Community for subsequent unloading in that territory. () OJ No L 376, 31. 12. 1982, p. 1. () OJ No L 155, 14. 6. 1985, p. 54.