27. 7. 91 Official Journal of the European Communities No L 204/31 COMMISSION REGULATION (EEC) No 2249/91 of 25 July 1991 laying down provisions for the implementation of Council Regulation (EEC) No 1855/89 for the temporary importation of means of transport THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, Having regard to Council Regulation (EEC) No 1855/89 of 14 June 1989 on the temporary importation of means of transport, and in particular Article 21 thereof ('), Whereas it is necessary to establish the conditions on which means of transport can be covered by the tempor- ary importation procedure pursuant to Regulation (EEC) No 1855/89; Whereas the requirement to present a customs document and lodge a security should be restricted to cases where there is a serious risk of non-compliance with the obliga- tion to re-export a means of transport brought into the customs territory of the Community ; Whereas pallets by their nature constitute a special case ; whereas a special authorization procedure should be laid down for pallets which are not readily identifiable ; Whereas exhaustive rules should be laid down for deroga- tions pursuant to Article 13 of Regulation (EEC) No . 1855/89 and a presumption established that derogations not provided for pursuant to Regulation shall be unaccep- table ; Whereas the customs services of the Member States should have discretionary powers to assess on a case-by- case basis the facts which enable certain derogations provided for by this Regulation to be applied and/or the period for which a means of transport shall be admitted under the temporary importation procedures pursuant to those derogations ; Whereas the measures provided for by this Regulation are in accordance with the opinion of the Committee for Customs Procedures with Economic Impact, HAS ADOPTED THIS REGULATION : TITLE I: GENERAL PROVISIONS Article 1 For the purposes of this Regulation : (a) ‘basic Regulation’ means Council Regulation (EEC) No 1855/89; (b) ‘person established in the customs territory of the Community’ means a natural person having his normal () OJ No L 186, 30. 6. 1989, p. 8. residence in the customs territory of the Community or a legal person having his registered place of business in that territory ; (c) ‘internal traffic’ means the carriage of persons or goods picked up or loaded within the customs territory of the Community for setting down or unloading within that territory. . Article 2 1.  Without prejudice to Articles 3, 16 and 17 of this Regulation, the arrangements for the temporary importa- tion of means of transport pursuant to the basic Regula- tion shall apply without formalities once the said means of transport have been brought into the customs territory of the Community. 2. (a) Means of transport which are placed under the temporary  importation  arrangements  upon discharge of inward processing arrangements in the Community shall be treated in the same way as means of transport imported into the customs terri- tory of the Community. (b) The means. of transport referred to in (a) shall be placed under temporary importation arrangements on the date on which they are first used under the arrangements. (c) For the purposes of drawing up the discharge provided for under the inward processing relief arrangements the person covered by the temporary importation arrangements shall issue to the holder of the inward processing authorization a certificate replacing the documents provided for in Article 61 (3) of Council Regulation (EEC) No 3677/86 (3. Article 3 1. For the purposes of the first paragraph of Article 2 and the first paragraph of Article 3 of the basic Regula- tion, where the customs service, when carrying out a check, considers that there is a serious risk of non- compliance with the requirement that a means of trans- port be re-exported, the temporary importation arrange- ments shall apply subject to the production of a docu- ment provided for in an international convention or the lodging of a declaration on a form established in accor- dance with the procedure provided for by Council Regu- lation (EEC) No 717/91 (3). The customs authority may request a guarantee during the presentation of the decla- ration. () OJ No L 351, 12. 12. 1986, p. 1. () OJ No L 78, 26. 3. 1991, p. 1.