No L 196/4 Official Journal of the European Communities 17. 7. 87 COUNCIL REGULATION (EEC) No 2096/87 of 13 July 1987 on the temporary importation of containers THE COUNCIL OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, and in particular Articles 28 and 235 thereof, Having regard to the proposal from the Commission ('), Having regard to the opinion of the European Parli- ament (2, ‘ Having regard to the opinion of the Economic and Social Committee (), Whereas Regulation (EEC) No 3599/82 (¥), as amended by Regulation (EEC) No 1620/85 (%), established general arrangements for temporary importation which did not include means of transport ; Whereas Community legislation should also cover means of transport ; whereas temporary importation allowing the use without payment of import duties of imported contai- ners which do not satisfy the conditions of Article 9 and 10 of the Treaty, where such containers are intended for re-export, entails derogatons from the provisions of the Comon Customs Tariff ; Whereas it is appropriate to establish common rules with regard to the use in internal traffic of containers thus admitted free of duty, to fix the length of stay of these containers in the Community and to lay down the condi- tions of application of the temporary admission arrange- ments ; whereas these provisions are necessary in order to attain one of the objectives of the Community ; whereas the Treaty has not provided the necessary powers, other than those of Article 235; Whereas, in order to ensure uniform implementation of this Regulation, it is necessary to make provision for a Community procedure whereby the relevant implemen- ting provisions may be adopted ; whereas close and effec- tive cooperation in this field between the Member States and the Commission should be organized through the Committee for Customs Procedures with Economic Impact etablished by Council Regulation (EEC) No 1999/85 of 16 July 1985 on inward processing relief arrangements (%), HAS ADOPTED THIS REGULATION : Article 1 Under temporary importation arrangements containers, whether or not loaded with goods, which do not satisfy () OJ No C 4, 7. 1. 1984, p. 3. (®» OJ No C 104, 16. 4. 1984, p. 116. () OJ No C 248, 17. 9. 1984, p. 6. () O No L 376, 31. 12. 1982, p. 1. () OJ No L 155, 14. 6. 1985, p. 54. () OJ No L 188, 20. 7. 1985, p. 1. the conditions laid down in Articles 9 and 10 of the . Treaty and which are intended to be subsequenly re-exported outside the customs territory of the Commu- nity, 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 importation. Article 2 For the purposes of this Regulation : (a) ‘container’ shall mean an article of transport equip- ment (lift-van, movable tank, demountable body or other similar structure): — fully or partially enclosed to constitute a compart- ment intended for containing goods, — of a permanent character and accordingly strong enough to be suitable for repeated use, — specially designed 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. Moreoveér, derogations may be authorized in accor- dance with the procedure laid down 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 equip- "ment are carried with the container. The term ‘container’ shall not include vehicles, accessories or spare aparts of vehicles, or packaging; (b) ‘import duties’ shall mean the duties defined in Article 1 (2) of Regulation (EEC) No 3599/82; () ‘customs authority’ shall mean any authority compe- tent to apply customs rules, even if that authority is not part of the customs administration ; (d) ‘internal traffic’ shall mean the carriage of gbods loaded in the customs territory of the Community for subsequent unloading in that territory.