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( 1 ) EP DOC N 34 , 15 . 5 . 1968 , AND OJ N C 55 , 5 . 6 . 1968 , P . 34 .

( 2 ) OJ N C 58 , 13 . 6 . 1968 , P . 2 .

COMMISSION DECISION

OF 7 NOVEMBER 1973

SETTING UP AN ADVISORY COMMITTEE ON CUSTOMS MATTERS

( 73/351/EEC )

THE COMMISSION OF THE EUROPEAN COMMUNITIES ,

HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ;

WHEREAS , AFTER STUDYING SEVERAL PROPOSALS FROM THE COMMISSION IN CUSTOMS MATTERS , THE EUROPEAN PARLIAMENT CONSIDERED THAT THE SETTING UP OF AN ADVISORY COMMITTEE FOR CUSTOMS PROBLEMS , REPRESENTING ALL INTERESTED PARTIES , " WOULD MAKE AN IMPORTANT CONTRIBUTION TO THE DEMOCRATIZATION OF THE EEC " ; ( 1 )

WHEREAS , ON SEVERAL OCCASIONS , THE ECONOMIC AND SOCIAL COMMITTEE HAS STRESSED THE BENEFIT THAT WOULD RESULT FROM GUARANTEEING THE ORGANIZED REPRESENTATION OF PROFESSIONAL INTERESTS FOR ALL PROBLEMS ARISING ON CUSTOMS MATTERS ; WHEREAS FOR THIS PURPOSE IT SUGGESTED A SOLUTION " CONSISTING IN THE SETTING UP OF AN ADVISORY COMMITTEE SIMILAR TO THE BODIES FUNCTIONING ALONGSIDE COMMUNITY BODIES ON AGRICULTURAL MATTERS " ; ( 2 )

WHEREAS , THE COMMISSION NEEDS TO GATHER THE OPINIONS OF PROFESSIONAL AND CONSUMER CIRCLES ON PROBLEMS ARISING FROM THE OPERATION OF THE CUSTOMS UNION ; WHEREAS ALL PROFESSIONS DIRECTLY CONCERNED WITH THE SUBJECT AS WELL AS CONSUMERS SHOULD BE IN A POSITION TO PARTICIPATE IN THE FORMULATION OF OPINIONS REQUESTED BY THE COMMISSION ; WHEREAS THE PROFESSIONAL CIRCLES CONCERNED HAVE SET UP ORGANIZATIONS OF AN INTERNATIONAL NATURE ; WHEREAS CONSUMER GROUPS IN THE MEMBER STATES ARE ALSO IN A POSITION TO OBTAIN REPRESENTATION AT COMMUNITY LEVEL ,

HAS DECIDED AS FOLLOWS :

ARTICLE 1

THERE SHALL BE ATTACHED TO THE COMMISSION AN ADVISORY COMMITTEE ON CUSTOMS MATTERS , HEREINAFTER REFERRED TO AS THE " COMMITTEE " .

ARTICLE 2

THE COMMITTEE MAY BE CONSULTED BY THE COMMISSION ON ALL PROBLEMS RELATING TO THE APPLICATION OF COMMUNITY PROVISIONS ON CUSTOMS MATTERS , AND IN PARTICULAR ON ANY MEASURES TAKEN BY THE COMMISSION UNDER THOSE PROVISIONS .

ARTICLE 3

1 . THE COMMITTEE SHALL CONSIST OF 33 MEMBERS .

THE COMMITTEE SHALL BE COMPOSED OF REPRESENTATIVES FROM THE FOLLOWING CATEGORIES : INDUSTRIALISTS , CRAFTSMEN , AGRICULTURISTS , TRADESMEN , CARRIERS , BANKING AND INSURANCE INSTITUTIONS , CUSTOMS AGENTS ( INCLUDING SPECIALIZED TRANSPORT CARRIERS ) , TOURIST BOARDS , WORKERS AND CONSUMERS .

2 . REPRESENTATION ON THE COMMITTEE SHALL BE AS FOLLOWS :

_ THREE TO REPRESENTATIVES OF INDUSTRY ;

_ ONE TO REPRESENTATIVES OF CRAFT INDUSTRY ;

_ THREE TO REPRESENTATIVES OF AGRICULTURE ( OF WHICH ONE SHALL BE TO REPRESENTATIVES OF AGRICULTURAL CO-OPERATIVES ) ;

_ FOUR TO REPRESENTATIVES OF COMMERCIAL ORGANIZATIONS ;

_ THREE TO REPRESENTATIVES OF CHAMBERS OF COMMERCE AND INDUSTRY ;

_ ONE TO REPRESENTATIVES OF RAIL TRANSPORT ;

_ ONE TO REPRESENTATIVES OF ROAD TRANSPORT ;

_ ONE TO REPRESENTATIVES OF SHIPPING ;

_ ONE TO REPRESENTATIVES OF INLAND WATERWAYS TRANSPORT ;

_ ONE TO REPRESENTATIVES OF AIR TRANSPORT ;

_ ONE TO REPRESENTATIVES OF BANKING INSTITUTIONS ;

_ ONE TO REPRESENTATIVES OF INSURANCE INSTITUTIONS ;

_ THREE TO REPRESENTATIVES OF CUSTOMS AGENTS ( INCLUDING SPECIALIZED TRANSPORT CARRIERS ) ;

_ TWO TO REPRESENTATIVES OF TOURIST BOARDS ;

_ FOUR TO REPRESENTATIVES OF WORKERS ;

_ THREE TO REPRESENTATIVES OF CONSUMERS ( OF WHICH ONE SHALL BE FOR CONSUMERS COOPERATIVES ) .

ARTICLE 4

THE MEMBERS OF THE COMMITTEE SHALL BE APPOINTED BY THE COMMISSION .

FOR EACH OF THE ALLOTTED PLACES ATTRIBUTED TO THEM , THE PROFESSIONAL OR CONSUMER ORGANIZATIONS WHICH ARE MOST REPRESENTATIVE OF THE ACTIVITIES AFFECTED BY CUSTOMS PROBLEMS AND SET UP EITHER AT COMMUNITY LEVEL OR AT INTERNATIONAL LEVEL , SHALL PUT FORWARD TO THE COMMISSION THE NAMES OF TWO CANDIDATES OF DIFFERENT NATIONALITIES FROM WITHIN THE COMMUNITY .

ARTICLE 5

THE TERM OF OFFICE FOR MEMBERS OF THE COMMITTEE SHALL BE THREE YEARS . THEIR APPOINTMENTS MAY BE RENEWED .

AFTER EXPIRY OF THE THREE YEARS , MEMBERS OF THE COMMITTEE SHALL REMAIN IN OFFICE UNTIL THEY ARE REPLACED OR UNTIL THEIR APPOINTMENTS ARE RENEWED .

A MEMBER'S TERM OF OFFICE SHALL TERMINATE BEFORE EXPIRY OF THE THREE YEARS THROUGH DEATH OR RESIGNATION . IT MAY ALSO BE TERMINATED WHERE THE ORGANIZATION WHICH PROPOSED THE MEMBER REQUESTS THAT HE BE REPLACED .

A PERSON SHALL BE APPOINTED , IN ACCORDANCE WITH THE PROCEDURE LAID DOWN IN ARTICLE 4 , TO REPLACE SUCH MEMBER FOR THE REMAINDER OF THE TERM OF OFFICE .

MEMBERS SHALL NOT BE REMUNERATED FOR THEIR SERVICES .

ARTICLE 6

THE LIST OF THE MEMBERS OF THE COMMITTEE SHALL BE PUBLISHED BY THE COMMISSION FOR INFORMATION PURPOSES IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES .

ARTICLE 7

THE COMMITTEE SHALL , BY TWO-THIRDS MAJORITY OF THE MEMBERS PRESENT , ELECT A CHAIRMAN AND TWO VICE-CHAIRMAN FOR A PERIOD OF THREE YEARS .

THE COMMITTEE MAY , BY THE LIKE MAJORITY , ELECT FURTHER OFFICERS FROM AMONG THE OTHER MEMBERS .

THE OFFICERS SHALL PREPARE AND ORGANIZE THE WORK OF THE COMMITTEE .

ARTICLE 8

THE COMMITTEE MAY INVITE ANY PERSON WITH SPECIALIST QUALIFICATIONS TO PARTICIPATE , IN THE CAPACITY OF AN EXPERT , IN ITS DELIBERATIONS ON A SUBJECT WHICH IS INCLUDED IN THE AGENDA .

EXPERTS SHALL TAKE PART ONLY IN DISCUSSIONS OF THOSE QUESTIONS ON ACCOUNT OF WHICH THEY WERE INVITED .

ARTICLE 9

THE COMMITTEE MAY SET UP WORKING GROUPS .

ARTICLE 10

1 . THE COMMITTEE SHALL BE CONVENED BY THE COMMISSION AND SHALL MEET AT COMMISSION HEADQUARTERS . MEETINGS OF THE OFFICERS SHALL BE CONVENED BY THE CHAIRMAN BY ARRANGEMENT WITH THE COMMISSION .

2 . REPRESENTATIVES OF THE COMMISSION DEPARTMENTS CONCERNED SHALL TAKE PART IN MEETINGS OF THE COMMITTEE , OF ITS OFFICERS AND OF WORKING GROUPS .

3 . SECRETARIAL SERVICES FOR THE COMMITTEE , ITS OFFICERS AND WORKING GROUPS SHALL BE PROVIDED BY THE COMMISSION .

ARTICLE 11

THE COMMITTEE SHALL DISCUSS MATTERS ON WHICH THE COMMISSION HAS REQUESTED AN OPINION . NO VOTE SHALL BE TAKEN .

THE COMMISSION MAY , WHEN SEEKING THE OPINION OF THE COMMITTEE , SET A TIME LIMIT WITHIN WHICH SUCH OPINION SHALL BE GIVEN .

THE VIEWS EXPRESSED BY THE VARIOUS INTERESTS REPRESENTED SHALL BE INCLUDED IN A REPORT FORWARDED TO THE COMMISSION .

IN THE EVENT OF UNANIMOUS AGREEMENT BEING REACHED IN THE COMMITTEE ON THE OPINION TO BE GIVEN , THE COMMITTEE SHALL FORMULATE JOINT CONCLUSIONS AND ATTACH THEM TO THE REPORT .

THE OUTCOME OF THE COMMITTEE'S DISCUSSIONS SHALL BE COMMUNICATED BY THE COMMISSION TO THE COUNCIL OR , WHEN REQUESTED TO THE INSTITUTIONALIZED CUSTOMS COMMITTEES CONCERNED .

ARTICLE 12

WITHOUT PREJUDICE TO THE PROVISIONS OF ARTICLE 214 OF THE TREATY WHERE THE COMMISSION INFORMS THEM THAT THE OPINION REQUESTED OR THE QUESTION RAISED IS ON A MATTER OF A CONFIDENTIAL NATURE , MEMBERS OF THE COMMITTEE SHALL BE UNDER AN OBLIGATION NOT TO DISCLOSE INFORMATION WHICH HAS COME TO THEIR KNOWLEDGE THROUGH THE WORK OF THE COMMITTEE OR OF ITS WORKING GROUPS .

IN SUCH CASES , ONLY COMMITTEE MEMBERS AND REPRESENTATIVES OF THE COMMISSION DEPARTMENTS CONCERNED MAY BE PRESENT AT MEETINGS .

ARTICLE 13

THIS DECISION SHALL ENTER INTO FORCE ON 7 NOVEMBER 1973 .

DONE AT BRUSSELS , 7 NOVEMBER 1973 .

FOR THE COMMISSION

THE PRESIDENT

FRANCOIS-XAVIER ORTOLI