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COUNCIL REGULATION (EEC) No 1607/82

of 14 June 1982

on the application of Decision No 1/82 of the EEC-Austria Joint Committee - Community transit - amending the Agreement between the European Economic Community and the Republic of Austria on the application of the rules on Community transit

THE COUNCIL OF THE EUROPEAN

COMMUNITIES,

Having regard to the Treaty establishing the European Economic Community, and in particular Article 113 thereof,

Having regard to the proposal from the Commission,

Whereas Article 16 of the Agreement between the European Economic Community and the Republic of Austria on the application of the rules on Community transit (1) empowers the Joint Committee set up under that Agreement to adopt Decisions making certain amendments to the Agreement;

Whereas the Joint Committee has decided to amend the Agreement, in particular, in order to make certain technical adjustments to the simplified Community transit procedure for carriage in large containers so as to enable this procedure to be fully effective, in particular, for mixed consignments;

Whereas these amendments are the subject of Decision No 1/82 of the Joint Committee; whereas it is necessary to take the measures required to implement the abovementioned Decision,

HAS ADOPTED THIS REGULATION:

Article 1

Decision No 1/82 of the EEC-Austria Joint Committee - Community transit - amending the Agreement between the European Economic Community and the Republic of Austria on the application of the rules on Community transit shall apply in the Community.

The text of the Decision is attached to this Regulation.

Article 2

This Regulation shall enter into force on the day following its publication in the Official Journal of the European Communities.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Luxembourg, 14 June 1982.

For the Council

The President

P. de KEERSMAEKER

(1) OJ No L 294, 29. 12. 1972, p. 87.

COUNCIL DECISION No 1/82 OF THE EEC-AUSTRIA JOINT COMMITTEE

- Community transit -

of 8 June 1982

amending the Agreement between the European Economic Community and the Republic of Austria on the application of the rules on Community transit

THE JOINT COMMITTEE,

Having regard to the Agreement between the European Economic Community and the Republic of Austria on the application of the rules on Community transit, and in particular Article 16 (3) (a) and (b) thereof,

Whereas the Regulation on provisions for the implementation of the Community transit procedure and for certain simplifications of that procedure has been amended so that, under certain conditions, a list of all the large containers making up a single consignment can be attached to the Community transit transfer note;

Whereas the said Regulation appears in Appendix II to the Agreement; whereas that Appendix should be amended to take account of the changes thus made in the rules on Community transit;

Whereas Article 50i (3) of Appendix II to the Agreement should be put in square brackets;

Whereas certain changes to the Agreement itself are rendered necessary by these amendments to Appendix II;

Whereas Decision No 1/81 of the Joint Committee amended Appendix II to the Agreement in order to provide for certain improvements in the flat-rate guarantee system; whereas this Decision applies until 30 June 1982;

Whereas it has proved necessary to extend the implementation of the provisions of the said Decision beyond that date; whereas the period during which that Decision applies should therefore be extended,

HAS DECIDED AS FOLLOWS:

Article 1

The Agreement between the European Economic Community and the Republic of Austria on the application of the rules on Community transit is hereby amended as follows:

1. The following paragraph shall be added to Article 8:

'6. When the carriage operations referred to in paragraph 3a of Article 50i of the Regulation on provisions for the implementation of the Community transit procedure and for certain simplifications of that procedure (Appendix II) begin in Austria, the serial number or numbers of the list or lists of the large containers containing the goods referred to in Article 1 (3) of the Regulation on Community transit (Appendix I) must be entered by the office of departure in the box reserved for use by customs on copy No 3A of the Community transit transfer note opposite the symbol T 2.'

2. Article 13 (1) shall be replaced by the following:

'1. The provisions set out in square brackets in Appendices I and II and listed below shall not apply:

Appendix I: Article 1 (4); Article 2 (2) (second subparagraph); Articles 3, 4 and 10; Article 12 (1) (last sentence); Article 15; Article 22 (1) (last sentence); Article 26 (2); Article 29; Article 30 (3); Article 32 (1) (second subparagraph) and (3); Article 39 (1) (last sentence); Article 41; Article 44 (1) and (2); Article 45 (2); Article 47; Article 48 (2); Articles 50 to 53 and 55 to 61,

Appendix II: Article 1 (3), (6) (first sentence) and (9); Article 2 (11); Article 4; Article 7 (3); Articles 10 to 14; Article 15 (2); Article 22; Article 24 (5) (second subparagraph, last sentence); Articles 27 to 34; Article 35 (a); Article 42 (2) and (4); Article 50 (a); Article 50i (2), (3), (3a) (second subparagraph, second sentence) and (5); Article 51; Article 54 (second paragraph); Article 68 (1); Articles 68a, 68b, 68c and 74.

However, the provisions of Articles 4, 15, 41, 44 (1) and (2), 47 and 50 to 53 of Appendix I and of Article 24 (5) (second subparagraph, last sentence), Articles 27 to 34, 35 (a), 42 (2) and (4), 50 (a), 50i (2), (3), (3a) (second subparagraph, second sentence) and (5), Articles 51, 54 (second paragraph), 68 (1), 68a, 68b, 68c and 74 of Appendix II shall continue to apply in Member States.'

Article 2

Appendix II to the Agreement shall be amended as follows.

1. A new definition 4 shall be added to Article 50b:

'4. "List of large containers", hereinafter referred to as "list", means the document attached to a Community transit transfer note, of which it forms an integral part, which is intended to cover the consignment of several large containers from the same state of destination, at which stations the customs formalities are carried out.

The number of lists shall be shown in the box used for the description of the documents accompanying the Community transit transfer note. Moreover, the serial number of the appropriate Community transit transfer note shall be entered in the top right-hand corner of each list.'

2. In Article 50i the following new paragraph 3a shall be inserted after paragraph 3:

'3a. When in the case provided for in paragraph 3 lists of large containers are used, separate lists must be completed for containers containing goods referred to in Article 1 (2) of Regulation (EEC) No 222/77 and for containers containing only goods referred to in Article 1 (3) of that Regulation.

These lists must bear a serial number so that they can be identified. [A reference to the serial number(s) of the list(s) of large containers containing the goods referred to in Article 1 (2) of Regulation (EEC) No 222/77 must be entered by the office of departure in the box reserved for use by customs on copies No 2, 3A and 3B of the Community transit transfer note opposite the symbol T 1.]'

3. Article 50i (3) shall be put in square brackets.

Article 3

The period of application of Decision No 1/81 of the Joint Committee shall be extended until 31 December 1983.

Article 4

This Decision shall enter into force on 1 July 1982.

Done at Vienna, 8 June 1982.

For the Joint Committee

The President

Dr Paul STEIGER