R\u00e8glement REACH et Douane R\u00e8glement REACH et Douane Annexe XVII de REACH, source de blocages \u00e0 l\u2019importation Les r\u00e9ponses de la Commission europ\u00e9enne Par suite des blocages caus\u00e9s par une r\u00e9cente mise en \u0153uvre du r\u00e8glement REACH et plus pr\u00e9cis\u00e9ment de son Annexe XVII, nous vous avions transmis les codes \u00e0 utiliser dans la case 44 du document administratif unique (DAU) \u00e0 savoir les codes DTP Y106, Y110 et Y113 (voir notre actualit\u00e9 du 21 f\u00e9vrier 2023 et pr\u00e9c\u00e9dents). M\u00eame si, dans la plupart des cas, les marchandises ont \u00e9t\u00e9 d\u00e9bloqu\u00e9es, certaines incertitudes subsistent quant \u00e0 l\u2019utilisation de ces codes dans certaines situations. Au m\u00eame titre que nos homologues en Europe, nous avons donc transmis vos interrogations au CEFIC, qui a ensuite interpell\u00e9 la Commission europ\u00e9enne - DG TAXUD. Vous trouverez ci-apr\u00e8s les r\u00e9ponses de la Commission : CEFIC : In general, it would be thus very helpful if in future DG TAXUD could publicly notify stakeholders well in advance about such changes (i.e. a four weeks\u2019 notice period if possible would be great). Another idea that my members raised would be to have specific intervals for the introduction of new codes (e.g. once per quarter or every six months. Such clearly defined intervals would help companies to prepare in advance ensuring efficient customs procedures. DG TAXUD : These TARIC updates correspond to existing legislation that has been active for a while. We understand that a new implementation has an impact on the traders, but it does not correspond to new unannounced restrictions, as it was the case for example for the sanctions taken in the context of the Ukraine crisis. There is no bulletin to announce TARIC updates as these are all based on existing legislation. The only way to detect TARIC data about to become active is in the TARIC daily updates, accessible via the TARIC web site at the following address: https://ec.europa.eu/taxation_customs/dds2/taric/daily_publications.jsp?Lang=en (click on "Daily updates"). The new REACH TARIC measures were included in the daily updates of 03 February (date of update of the TARIC). We understand the added value of a public TARIC bulletin. It has been discussed internally in the past and its eventual creation is not completely excluded. However, it was never concretised as it would be a best effort only, and not a comprehensive bulletin (impossible, considering the number of daily updates). Such a "selective" bulletin would then open the work of DG TAXUD to criticism like "why did you publish this update in the bulletin, but not that one", and be considered misleading. This is why the TARIC daily update files are published. They contain all TARIC updates for measures active or about to be active. Also, pre-publication of upcoming TARIC data on restrictions could result in deviations of traffic. This should not occur since the updates correspond to active legislation. However, the possibility cannot be excluded and advises against the beforehand announcement of such updates. CEFIC : More in detail, we would like to ask for clarifications/guidance on the meaning and application of new DTP Y codes 106, 110, 113: The descriptions of the new codes are not fully clear. There are questions regarding the definition of code Y113 (Product not subjected to the provisions of Regulation (EC) No 1907/2006) . The code Y113 can be applied in different situations (ie. substances completely exempt from registration (e.g. substances listed in Annexes IV & V of the REACH Regulation), or substances subject to REACH registration but not subject to a restriction or authorization). Moreover, this code interacts with codes Y106 and Y110. DG TAXUD: The creation of TARIC measures for REACH is limited to the provisions concerning Annexes XIV and XVII of the REACH regulation. As you know Annex XVII of the Reach regulation 1907/2006 concerns (pure) substances, mixtures and articles. The new measures inserted in TARIC with a start date of 10/02/2023 concern only the pure substances listed in Annex XVII. The TARIC measures for Annex XVII require the traders to declare their compliance with the provisions of column 2 of this Annex or the exemptions defined in Articles 67.1 and 67.2. Only if the substance is out of the scope of Annex XVII, can the trader declare TARIC document code Y113 (Product not subjected to the provisions of Regulation (EC) No 1907/2006 (Annex XVII)).Y113 is used only for provisions concerning Annex XVII. CEFIC: At times products may be subject to certain restrictions but are either not placed on the market for the restricted uses or companies comply with the conditions of REACH Annex XVII Column 2. Which code should be selected in such cases? DG TAXUD: If it is clear and can be proven that the placing on the market will be for non-restricted use, then Y113 should be declared. CEFIC: Code Y113 has no reference to Annex XVII of REACH, contrary to Y106 and Y110. It is not clear from the code description whether Y113 means \u201cnot subject to REACH Annex XVII\u201d or \u201cout of scope of REACH as a whole\u201d. What code should be selected if a product falls under REACH but is not in Annex XVII? A clarification of the description is needed. DG TAXUD: the reference to annex XVII has been added to Y113 on 16 February. CEFIC: In the English code description of Y113 the word \u201cproduct\u201d is used. The German description, in contrast, uses \u201cErzeugnisse\u201d. Art. 3(3) REACH regulation defines \u201cErzeugnis\u201d (article): \u201cmeans an object which during production is given a special shape, surface or design which determines its function to a greater degree than does its chemical composition\u201d. This is a very narrow definition, which excludes chemical substances and mixtures. DG TAXUD: Thank you for drawing our attention to this. We will amend the description of Y113 accordingly: Substance/mixture not subjected to the provisions of Regulation (EC) No 1907/2006 (Annex XVII) CEFIC: If Y113 does apply to chemical products, the second part of its description poses a problem as the REACH regulation actually applies to all chemicals apart from the exceptions in Art 2(1) and 2(2). A clarification/reformulation is needed. The description of code Y113 should use the word product in German as well and not \u201cErzeugnis\u201d. DG TAXUD: the description of Y113 has been amended. The reference to Annex XVII has been added and "products" will be replaced as described above. CEFIC: Code Y110 seems to be relevant for products used for scientific research/development or for products used in cosmetic products. How should products be imported of which only a small part will end up in the cosmetic industry? DG TAXUD : They should be declared as different items in one customs declaration or if necessary in different customs declarations. CEFIC: Blended products are often not REACH registered as a single product. In this case every component of the blend is registered with a separate REACH registration number and its specific characteristics. It\u2019s not clear for us which component is leading to determine the applicable Y-code for the blend. DG TAXUD: Regulation 1907/2006 does not require the REACH registration number to be mentioned in the customs declaration. Therefore, the fact that there are many of them does not impact how the TARIC measures apply. The customs classification of the blend must be determined. Once this is done, the commodity code will determine what TARIC measure, and Y code, applies. The importer must know whether Y106, Y110 or Y113 has to be declared. CEFIC: We have received a confirmation from the helpdesk of the BE customs (PLDA) that we need to mention the REACH registration number in box 44 next to the Y-code. How should we deal with this in case of blend products (+ 20 components on SDS)? DG TAXUD : as stated above, Regulation 1907/2006 does not require the REACH registration number to be mentioned in the customs declaration. If you wish DG TAXUD to follow this up with the BE national customs authorities, please forward us the communication you received from them and we will contact them and keep you informed. CEFIC: Which documents should be provided/will be requested by customs authorities to prove the correctness of the mentioned Y-code? DG TAXUD: No form of certification is defined in the REACH Regulation to demonstrate compliance with REACH requirements. Customs can ask any question and carry out any controls they deem appropriate to investigate compliance of shipments selected for control. CEFIC: At times our products may be subject to certain restrictions but are either not placed on the market for the restricted uses, or we comply with the conditions from Column 2 of REACH Annex XVII. Confirmation is needed that in either case code Y106 should be selected DG TAXUD: The compliance of the substance with the REACH provisions, and therefore the declaration, or not, of Y106, is responsibility of the trader. National customs authorities or the Commission do not provide advice or confirmation of such declaration. CEFIC: Code Y113 is not making a reference to Annex XVII of REACH, contrary to codes Y106 and Y110. Is it nevertheless to be understood that code Y113 means not subject to REACH Annex XVII, and not as \u201cout of scope of REACH as a whole\u201d? An update of the description might be needed here. Can code Y113 be seen as the negative code for Y106 and Y110? DG TAXUD: Y113 has been updated with the mention (Annex XVII) CEFIC: Code Y110 seems to be relevant for products used for scientific research/development or for products used in cosmetic products. How should products be imported of which only a small part will end up in the cosmetic industry (e.g. of 25,000 kg to be imported, 20,00 kg will be for the cosmetic industry)? DG TAXUD: They should be declared as different items in one customs declaration or if necessary in different customs declarations. CEFIC: There are companies whose products are not concerned by DTP Y106 and Y110, because they are not listed in Annex XVII of the REACH Regulation. However, their substances remain subject to REACH registration without being subject to restriction or authorisation. The companies in question are therefore left with no means of justifying the importation of substances which are not subject to any restriction, but only to registration. What to do? DG TAXUD: Registration is not concerned by these measures . In such situations, Y113 should be used. Please note, as stated above, there is no obligation for importers to indicate in their customs declaration the REACH registration number for chemical substances they bring into the Union. Customs may ask for the registration number from importers if a consignment is selected for control. CEFIC: A large majority of recently blocked substances may not meet the criteria of the specific regulation referred to in the TARIC classification. For example, we don\u2019t understand why regulations CD730 and CHM00009 have been applied to Taric codes 3302 10 and 3302 90? DG TAXUD: The TARIC measures are created at CN level (8 digit codes), because the product scope is too wide to create specific 10-digit TARIC codes for all the substances/mixtures/articles concerned. For this reason, if the substance is not included in Annex XVII, TARIC document code Y113 should be declared. CEFIC: Against this backdrop, it would be very helpful to have 1. an excel list of the CN /HS numbers, which are affected by the new TARIC measures \u201cImport control on REACH - 761" and 2. a general guidance note on the interpretation of these changes would go along way to address the issues of the affected member companies. DG TAXUD: the list of commodity codes can be found in the daily update files mentioned above. Since the measures were created at the beginning of February, they will also be available in the March publication of the monthly files . Guidance is not published since the data is expected to be self-explanatory. When it is not the case, we reply to bilateral questions sent to the following email address: email@example.com CEFIC: Moreover, it would be very helpful to further explain to our members if you could help us understand better the process: How does the introduction of these codes come about, especially in an area such as REACH where other authorities than customs are responsible? DG TAXUD: the commodity codes are the result of the customs classification process of the substances/mixtures/articles concerned by the REACH regulation. CEFIC: On which criteria is the selection based? DG TAXUD: see reply above. No selection is operated. The creation of TARIC data is gradual because of the wide scope of substances/mixtures/articles. It started with the substances. CEFIC: Who is responsible for formulating the code descriptions? DG TAXUD: the descriptions of the codes in the customs nomenclature is defined within the World Customs Organisation (WCO) up to 6 digits, and within the common customs tariff up to 8 digits. 10-digits TARIC codes are defined in ad hoc legislation. CEFIC: Who approaches whom, i.e. does the Commission invite other authorities to implement further control measures with the EU customs systems or do other authorities approach the Commission and request such control measures? DG TAXUD: collaboration processes between the concerned authorities, national or EU, is not public information. CEFIC: Moreover, we would like to ask if there are plans to include other commodity codes in near future? If yes, we would like to ask on which criteria the selection will be based on? Besides, we would like to raise that different codes/descriptions are available in customs systems in different countries for same commodity code (e.g. Germany/Italy, 3814009099). To ensure frictionless trade further alignment here would be very helpful. DG TAXUD: The coverage of Annex XVII will indeed be expanded. See above "gradual creation of TARIC data". 3814 00 90 99 is "other" in the central TARIC database. Discrepancies in the description of this code could result from text added at national level. If you can send us the detail of these differences, we will contact the national administrations about it. Il est clair que certaines de ces r\u00e9ponses ne sont pas satisfaisantes et m\u00e9ritent des pr\u00e9cisions de la part de la Commission (en cours). Par ailleurs, n\u2019h\u00e9sitez pas \u00e0 nous transmettre d\u2019autres questions concernant l\u2019utilisation de ces codes DTP ou plus g\u00e9n\u00e9ralement \u00e0 propos de cette r\u00e9cente mise en \u0153uvre.