L 91/14 Official Journal of the European Union 3.4.2009 COMMISSION REGULATION (EC) No 273/2009 of 2 April 2009 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code, derogating from certain provisions of Commission Regulation (EEC) No 2454/93 THE COMMISSION OF THE EUROPEAN COMMUNITIES, (3)  The introduction of a transitional period for electronic exit summary declarations justifies maintaining, for the same period, the facilitation which can be granted under Article 285a(2) of Regulation (EEC) No 2454/93 to approved exporters benefiting from the local clearance procedure, provided that the customs office of exit is located in the same Member States as the customs office of export and receives the particulars necessary for the exit of the goods. Having regard to the Treaty establishing the European Community, Having regard to Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code ('), and in particular Article 247 thereof, (4)  In cases where economic operators do not lodge elec- tronic entry or exit summary declarations or where the local clearance procedure is used under Article 285a(2) of Regulation (EEC) No 2454/93, the customs authorities Whereas: will not be able to carry out risk analysis for safety and security purposes on the basis of the data laid down for entry and exit summary declarations in Annex 30A of Regulation (EEC) No 2454/93. In those cases, the () ~ Commission Regulation (EC) No 1875/2006 () has customs aut-horities. should use for their risk analysis introduced in Commission Regulation (EEC) No the information av.allable, at t.he latest upon presentation 245493 of 2 July 1993 laying down provisions for of the goods entering or leaving the customs territory of the implementation of Council Regulation (EEC) No the Community. 2913/92 establishing the Community Customs Code () an obligation for economic operators to provide elec- tronic entry and exit summary declarations to the customs authorities for goods entering or leaving the customs territory of the Community, in order to enable those authorities to carry out computerized risk analysis on the basis of such information before the goods are ] : ation k brought into or out of the customs territory of the 2454/93. The derogations provided for in this Regulation Community. In accordance with Article 3(3) of Regu- should therefore end on 31 December 2010. Accordingly lation (EC) No 1875/2006, this information is to be after 31 December 2010 electronic entry and exit provided from 1 July 2009. summary declarations with the data laid down in Annex 30A of Regulation (EEC) No 245493 should be lodged within the prescribed time limits for goods entering or leaving the customs territory of the ) ) ) Community, and the facilitation provided for in (20 Dueto t.he complexity O.f the processes for 1gtr0duc1ng Qf Article 285a(2) of Regulation (EEC) No 2454/93 electronic entry and exit summary declarations, unanti- should no longer apply cipated delays have occurred in the implementation process so that not all economic operators will be in a position to use information technology and computer networks for these purposes by 1 July 2009. Though (6) information technology and computer networks facilitate international trade, they also require investments in automatic data transmission systems which may cause problems for economic operators in the short term. It is therefore appropriate to take such situations into account by providing that during a transitional period HAS ADOPTED THIS REGULATION: economic operators will be able, but will not be obliged, to lodge electronic entry and exit summary declarations in order to allow them to adjust their (5)  On the basis of the information available it may be assumed that a transitional period of 18 months is sufficient to permit economic operators to comply with all obligations laid down in Regulation (EEC) No The measures provided for in this Regulation are in accordance with the opinion of the Customs Code Committee, systems to the new legal requirements. Article 1 () OJ L 302, 19.10.1992, p. 1. From 1 July 2009 until 31 December 2010 the lodging of the () O] L 360, 19.12.2006, p. 64. entry summary declaration referred to in Articles 1(17) and 183 (}) OJ L 253, 11.10.1993, p. 1. of Regulation (EEC) No 2454/93 shall not be mandatory.