12. 11. 92 Official Journal of the European Communities No L 326/11 COMMISSION REGULATION (EEC) No 3269/92 of 10 November 1992 laying down certain implementing provisions of Articles 161, 182 and 183 of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code, as regards the export procedure and re-export and goods leaving the customs territory of the Community THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, Having regard to Council Regulation (EEC) No 2913/92 . of 12 October 1992 establishing the Community Customs Code ('), hereinafter referred to as ‘the Code’, and in parti- cular Article 249 thereof, Whereas Article 161 of the Code introduced an export procedure in accordance with the internal market estab- lished from 1 January 1993; Whereas, according to that procedure, the export declara- tion must be lodged at the customs office responsible for supervising the place where the exporter is established or where the goods are packed or loaded for export ship- ment; Whereas certain provisions are needed in order to deter- mine more clearly the place where the exporter is estab- lished and to provide for the derogations required to take account of certain special situations ; Whereas it is appropriate to reduce export formalities for certain means of transport as well as in the case of certain uses of a transit procedure under certain conditions ; Whereas, in order to take account of the internal market, it is appropriate to lay down the rules applicable where simplified procedures are used; Whereas it is also appropriate to lay down the procedures applicable to re-exportation referred to in Article 182 of the Code; Whereas it is necessary in accordance with Article 183 of the Code to adopt measures with a view to monitoring compliance with control measures on export with regard to goods leaving the customs territory of the Community with the intention of their being reintroduced into a different part of that territory, when the goods in questlon are not covered by a customs procedure; Whereas it is appropriate to lay down transitional provi- sions to deal with the situation of goods where export () OJ No L 302, 19. 10. 1992, p. 1. formalities were completed in 1992 but which leave the customs territory only in 1993; Whereas it is appropriate to limit the application of Article 4 (2) of this Regulation to a period of two years; whereas it is appropriate to review the subject in the light of experience before that time ; Whereas the measures provided for in this Regulation are in accordance with the opinion of the Customs Code Committee, HAS ADOPTED THIS REGULATION : CHAPTER 1 Normal procedure Article 1 1. The exporter, within the meaning of Article 161 (5) of the Code, shall be considered to be the person on whose behalf the export declaration is made and who is the owner of the goods or has a similar right of disposal over them at the time when the declaration is accepted. 2. Where ownership of a similar right of disposal belongs to a person established outside the Community pursuant to the contract on which the export is based, the exporter shall be considered to be the contracting party established in the Community. Article 2 In cases involving sub-contracting, the export declaration may also be lodged at the customs office responsible for the place where the sub-contractor is established. Article 3 Where, for administrative reasons, the first sentence of Article 161 (5) of the Code cannot be applied, the export declaration may be lodged with any customs office, in the Member State concemned, which is competent for the operation in question.