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COMMISSION REGULATION ( EEC ) NO 2105/81

OF 16 JULY 1981

AMENDING FOR THE NINTH 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 ) , AS LAST AMENDED BY THE ACT OF ACCESSION OF GREECE , AND IN PARTICULAR ARTICLE 57 THEREOF ,

WHEREAS COMMISSION REGULATION ( EEC ) NO 223/77 ( 2 ) , AS LAST AMENDED BY REGULATION ( EEC ) NO 1664/81 ( 3 ) , MAKES PROVISION FOR THE USE OF CONTROL COPIES T NO 5 AS PROOF THAT GOODS HAVE BEEN PUT TO A PRESCRIBED USE AND/OR HAVE ARRIVED AT A PRESCRIBED DESTINATION ;

WHEREAS EXPERIENCE HAS SHOWN THAT THERE IS A NEED TO PROVIDE FOR THE USE OF LOADING LISTS AS THE DESCRIPTIVE PART OF CONTROL COPY T NO 5 ;

WHEREAS IT SHOULD BE POSSIBLE , WHERE APPROPRIATE , FOR LOADING LISTS TO BE COMPLETED BY DATA PROCESSING ; WHEREAS IN THIS CASE THE PROCEDURE INVOLVED IS SUCH THAT , PROVIDED THE NECESSARY GUARANTEES ARE GIVEN , THE REQUIREMENTS RELATING TO THE LIST CAN BE MADE MORE FLEXIBLE ;

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 IN ANNEXES VI , VI A AND VI B . THE CONTROL COPY T NO 5 SHALL BE ISSUED AND USED IN ACCORDANCE WITH THE PROVISIONS OF ARTICLES 10 TO 13A . "

2 . ARTICLE 2 ( 4 ) IS REPLACED BY THE FOLLOWING :

" 4 . THE PAPER REFERRED TO IN PARAGRAPHS 1 , 2 AND 3 SHALL BE WHITE , EXCEPT FOR THE LOADING LISTS REFERRED TO IN ARTICLE 1 ( 2 ) , FOR WHICH THE COLOUR OF THE PAPER MAY BE LEFT TO THE CHOICE OF THE USER . "

3 . THE FOLLOWING SUBPARAGRAPH IS ADDED TO ARTICLE 2 ( 5 ) :

" ( D ) 297 BY 420 MM FOR THE LOADING LISTS T5 , THE SPECIMEN FOR WHICH IS SHOWN IN ANNEX VI B , A TOLERANCE IN THE LENGTH OF - 5 OR + 8 MM BEING ALLOWED . "

4 . 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 CONTROL COPY T NO 5 AND FOR THE FRONT OF THE ORIGINAL OF CONTINUATION SHEET T5BIS AND OF THE LOADING LIST T5 . "

5 . ARTICLE 10 IS REPLACED BY THE FOLLOWING :

" ARTICLE 10

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 T5 , ACCOMPANIED , IF NECESSARY , BY ONE OR MORE FORMS T5BIS , IN THE CIRCUMSTANCES REFERRED TO IN ARTICLE 10A , OR BY ONE OR MORE LOADING LISTS T5 , IN THE CIRCUMSTANCES REFERRED TO IN ARTICLES 10B AND 10C . "

6 . THE FOLLOWING ARTICLES ARE INSERTED AFTER ARTICLE 10 :

" ARTICLE 10A

1 . 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 T5BIS 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 .

2 . WHERE CONTINUATION SHEETS T5BIS 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 ) T5BIS ATTACHED . "

3 . THE NUMBER OF CONTINUATION SHEETS T5BIS 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 T5BIS .

ARTICLE 10B

1 . 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 LOADING LISTS T5 GIVING THE PARTICULARS NORMALLY SHOWN IN BOXES 41 , 43 , 49 AND 100 TO 103 AND 105 OF FORM T5 , PROVIDED THAT 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 .

2 . ONLY THE FRONT OF THE LOADING LIST T5 FORM MAY BE USED .

EACH ITEM SHOWN ON THE LOADING LIST T5 MUST BE PRECEDED BY A SERIAL NUMBER AND ALL THE PARTICULARS INDICATED IN THE COLUMN HEADINGS MUST BE FURNISHED .

A HORIZONTAL LINE MUST BE DRAWN AFTER THE LAST ENTRY AND THE REMAINING UNUSED SPACES BARRED SO THAT ANY SUBSEQUENT ADDITION IS IMPOSSIBLE . THE TOTAL NUMBER OF PACKAGES CONTAINING THE GOODS LISTED AND THE TOTAL GROSS AND NET WEIGHTS OF THESE GOODS MUST BE SHOWN AT THE FOOT OF THE APPROPRIATE COLUMNS .

3 . WHERE LOADING LISTS T5 ARE USED , BOXES 41 , 43 , 49 AND 100 TO 103 AND 105 OF THE CONTROL COPY T NO 5 TO WHICH IT REFERS MUST BE BARRED AND THE CONTROL COPY MAY NOT BE ACCOMPANIED BY A FORM T5BIS .

4 . WHERE LOADING LISTS T5 ARE USED , THE UNDERTAKING GIVEN BY THE PERSON CONCERNED IN BOX 108 OF THE CONTROL COPY T NO 5 IS TO BE WORKED AS FOLLOWS : " THE PERSON CONCERNED , REPRESENTED BY ... , HEREBY UNDERTAKES TO ENSURE THE DECLARED USE AND/OR DESTINATION OF THE GOODS DESCRIBED IN THE LOADING LIST(S ) ATTACHED . "

5 . THE NUMBER OF LOADING LISTS T5 USED AND THEIR PRINTED SERIAL NUMBERS SHALL BE SHOWN IN BOX 107 OF THE CONTROL COPY T NO 5 . THE REGISTRATION NUMBER OF THE CONTROL COPY T NO 5 SHALL BE SHOWN IN THE BOX FOR REGISTRATION PARTICULARS OF EACH LOADING LIST T5 .

ARTICLE 10C

1 . THE AUTHORIZATION REFERRED TO IN ARTICLE 10B ( 1 ) MAY ALLOW UNDERTAKINGS WHOSE RECORDS ARE BASED ON A SYSTEM OF ELECTRONIC OR AUTOMATIC DATA PROCESSING TO USE LOADING LISTS T5 COMPLETED BY SUCH DATA PROCESSING WHICH , ALTHOUGH THEY INCLUDE ALL THE PARTICULARS PROVIDED FOR IN THE LIST AS PRINTED IN ANNEX VI B DO NOT COMPLY WITH ALL THE CONDITIONS OF ARTICLE 1 ( 3 ) , OF ARTICLE 2 ( 4 ) , ( 5 ) ( D ) , ( 9 ) , ( 10 ) SECOND SUBPARAGRAPH AND ( 11 ) AS REGARDS THE REQUIREMENT OF THE GUILLOCHE PATTERNED BACKGROUND , AND THAT OF ARTICLE 10B ( 2 ) AS REGARDS THE REQUIREMENT THAT EACH ITEM SHOWN ON THE LIST MUST BE PRECEDED BY A SERIAL NUMBER .

THESE LISTS MUST , HOWEVER , BE DESIGNED AND COMPLETED IN SUCH A WAY THAT THEY CAN BE USED WITHOUT DIFFICULTY BY THE CUSTOMS AND OTHER AUTHORITIES IN QUESTION .

2 . THE AUTHORIZATION REFERRED TO IN PARAGRAPH 1 SHALL BE GRANTED ONLY TO THOSE UNDERTAKINGS WHERE ALL GUARANTEES REQUIRED BY THE CUSTOMS AUTHORITIES ARE GIVEN .

THE UNDERTAKING TO WHOM THE AUTHORIZATION IS GIVEN SHALL BE RESPONSIBLE IN ANY CASE OF FRAUDULENT USE OF LOADING LISTS . "

7 . ARTICLE 11 ( 1 ) AND ( 2 ) ARE REPLACED BY THE FOLLOWING :

" 1 . CONTROL COPY T NO 5 AND , WHERE APPROPRIATE , CONTINUATION SHEETS T5BIS OR LOADING LISTS T5 SHALL BE MADE OUT BY THE PERSON CONCERNED IN ONE ORIGINAL AND AT LEAST ONE COPY , EACH OF WHICH MUST BEAR THE ORIGINAL SIGNATURE OF THE PERSON CONCERNED .

2 . CONTROL COPY T NO 5 AND , WHERE APPROPRIATE , CONTINUATION SHEETS T5BIS OR LOADING LISTS T5 SHALL , AS REGARDS THE DESCRIPTION OF GOODS AND ANY ADDITIONAL INFORMATION , SHOW ALL THE PARTICULARS REQUIRED BY THE PROVISIONS RELATING TO THE COMMUNITY MEASURE IMPOSING THE CONTROL . "

8 . THE ANNEX TO THIS REGULATION SHALL BE INSERTED AS ANNEX VI B .

ARTICLE 2

THIS REGULATION SHALL ENTER INTO FORCE ON 1 SEPTEMBER 1981 .

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

DONE AT BRUSSELS , 16 JULY 1981 .

FOR THE COMMISSION

KARL-HEINZ NARJES

MEMBER OF THE COMMISSION

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

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

( 3 ) OJ NO L 166 , 24 . 6 . 1981 , P . 11 .

ANNEX : SEE O.J .