****

( 1 ) OJ NO L 38 , 9 . 2 . 1977 , P . 1 .

( 2 ) OJ NO L 38 , 9 . 2 . 1977 , P . 20 .

( 3 ) OJ NO L 227 , 7 . 9 . 1979 , P . 12 .

COMMISSION REGULATION ( EEC ) NO 137/80

OF 9 JANUARY 1980

AMENDING FOR THE FOURTH TIME REGULATION ( EEC ) NO 223/77 ON PROVISIONS FOR THE IMPLEMENTATION OF THE COMMUNITY TRANSIT PROCEDURE AND FOR CERTAIN SIMPLIFICATIONS OF THAT PROCEDURE

THE COMMISSION OF THE EUROPEAN

COMMUNITIES ,

HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ,

HAVING REGARD TO COUNCIL REGULATION ( EEC ) NO 222/77 OF 13 DECEMBER 1976 ON COMMUNITY TRANSIT ( 1 ), AND IN PARTICULAR ARTICLE 57 THEREOF ,

WHEREAS COMMISSION REGULATION ( EEC ) NO 223/77 ( 2 ), AS LAST AMENDED BY REGULATION ( EEC ) NO 1964/79 ( 3 ), PROVIDES THAT FORMS USED IN THE COMMUNITY TRANSIT PROCEDURE SHOULD CONFORM TO A PRESCRIBED SPECIMEN ;

WHEREAS EXPERIENCE OF THE USE OF THE CONTROL COPY T NO 5 HAS SHOWN THAT THERE IS A NEED FOR A CONTINUATION SHEET FOR THIS FORM ;

WHEREAS REGULATION ( EEC ) NO 223/77 SHOULD THEREFORE BE AMENDED ;

WHEREAS THE MEASURES PROVIDED FOR IN THIS REGULATION ARE IN ACCORDANCE WITH THE OPINION OF THE COMMUNITY TRANSIT COMMITTEE ,

HAS ADOPTED THIS REGULATION :

ARTICLE 1

REGULATION ( EEC ) NO 223/77 IS HEREBY AMENDED AS FOLLOWS :

1 . ARTICLE 1 ( 3 ) IS REPLACED BY THE FOLLOWING :

' 3 . THE FORMS TO BE COMPLETED AS THE SPECIAL COMMUNITY TRANSIT DOCUMENT HEREINAFTER REFERRED TO AS " CONTROL COPY T NO 5 " AS PROOF THAT THE GOODS HAVE BEEN USED FOR A SPECIFIC PURPOSE AND/OR HAVE ARRIVED AT A PRESCRIBED DESTINATION SHALL CONFORM , EXCEPT AS REGARDS THE DIMENSIONS OF THE BOXES WHOLLY OR PARTLY DELINEATED BY DOTTED LINES , TO THE SPECIMENS T 5 AND T 5 BIS IN ANNEXES VI AND VI A . THE CONTROL COPY T NO 5 SHALL BE ISSUED AND USED IN ACCORDANCE WITH THE PROVISIONS OF ARTICLES 10 TO 13 . '

2 . ARTICLE 2 ( 11 ) IS REPLACED BY THE FOLLOWING :

' 11 . THE PROVISIONS OF PARAGRAPHS ( 2 ), ( 4 ), ( 5 ), ( A ), ( 6 ) FIRST AND SECOND SUBPARAGRAPHS , ( 9 ) AND ( 10 ) SECOND AND THIRD SUBPARAGRAPHS , SHALL APPLY ALSO TO CONTROL COPY T NO 5 . HOWEVER , THE GUILLOCHE PATTERNED BACKGROUND REFERRED TO IN PARAGRAPH 2 SHALL BE BLUE FOR THE FRONT AND BACK OF THE ORIGINAL OF THE CONTROL COPY T NO 5 AND FOR THE FRONT OF THE ORIGINAL OF CONTINUATION SHEET T 5 BIS . '

3 . ARTICLE 10 IS REPLACED BY THE FOLLOWING :

' ARTICLE 10

1 . PROOF THAT THE CONDITIONS PRESCRIBED BY A COMMUNITY MEASURE AS TO THE USE AND/OR DESTINATION OF GOODS IMPORTED INTO , EXPORTED FROM , OR MOVING WITHIN THE COMMUNITY HAVE BEEN COMPLIED WITH , SHALL BE FURNISHED BY PRODUCTION OF CONTROL COPY T NO 5 . A CONTROL COPY T NO 5 IS A COMPLETED FORM T 5 , ACCOMPANIED , IF NECESSARY , IN THE CIRCUMSTANCES REFERRED TO IN PARAGRAPH 2 AND 3 , BY ONE OR MORE FORMS T 5 BIS .

2 . THE COMPETENT CUSTOMS AUTHORITIES OF EACH MEMBER STATE MAY ALLOW UNDERTAKINGS ESTABLISHED IN THEIR TERRITORY TO SUPPLEMENT A CONTROL COPY T NO 5 WITH ONE OR MORE CONTINUATION SHEETS T 5 BIS IN CASES WHERE ALL THE FORMS RELATE TO A SINGLE CONSIGNMENT OF GOODS , WHICH ARE LOADED ON ONE SINGLE MEANS OF TRANSPORT , AND ARE DESTINED FOR A SINGLE CONSIGNEE AND A SINGLE USE AND/OR DESTINATION .

3 . WHERE CONTINUATION SHEETS T 5 BIS ARE USED , THE UNDERTAKING GIVEN BY THE PERSON CONCERNED IN BOX 108 OF THE CONTROL COPY T NO 5 IS TO BE WORDED AS FOLLOWS : " THE PERSON CONCERNED , REPRESENTED BY . . . . . . HEREBY UNDERTAKES TO ENSURE THE DECLARED USE AND/OR DESTINATION OF THE GOODS DESCRIBED ABOVE AND IN THE CONTINUATION SHEET(S ) T 5 BIS ATTACHED . "

4 . THE NUMBER OF CONTINUATION SHEETS T 5 BIS USED AND THEIR PRINTED SERIAL NUMBERS SHALL BE SHOWN IN BOX 107 OF THE CONTROL COPY T NO 5 WHICH THEY ACCOMPANY . THE REGISTRATION NUMBER OF THE CONTROL COPY T NO 5 SHALL BE SHOWN IN THE BOX FOR REGISTRATION PARTICULARS OF EACH CONTINUATION SHEET T 5 BIS . '

4 . ARTICLE 11 IS AMENDED AS FOLLOWS :

- IN PARAGRAPH 1 , THE WORDS ' CONTROL COPY T NO 5 SHALL BE MADE OUT ' ARE REPLACED BY ' CONTROL COPY T NO 5 AND , WHERE APPROPRIATE , CONTINUATION SHEETS T 5 BIS , SHALL BE MADE OUT ' ;

- IN PARAGRAPH 2 , THE WORDS ' CONTROL COPY T NO 5 SHALL ' ARE REPLACED BY ' CONTROL COPY T NO 5 AND , WHERE APPROPRIATE , CONTINUATION SHEETS T 5 BIS , SHALL ' .

5 . THE ANNEX TO THIS REGULATION SHALL BE INSERTED AS ANNEX VI A .

ARTICLE 2

THIS REGULATION SHALL ENTER INTO FORCE ON 1 AUGUST 1980 .

THIS REGULATION SHALL BE BINDING IN ITS ENTIRETY AND DIRECTLY APPLICABLE IN ALL MEMBER STATES .

DONE AT BRUSSELS , 9 JANUARY 1980 .

FOR THE COMMISSION

ETIENNE DAVIGNON

MEMBER OF THE COMMISSION