No C 29/8 Official Journal of the European Communities 4. 2. 89 
Re-examined proposal for a Council Regulation (EEC) on the abolition of exit formalities at 
internal Community frontiers — introduction of common border posts (*) 
COM(88) 831 final — SYN 65 
(Submitted by the Commission pursuant to Article 149 2, d, of the EEC Treaty on 15 December 
1988) 
(89/C 29/05) 
(l) OJ No C 282, 8. 11. 1986, p. 13. 
COMMON POSITION RE-EXAMINED PROPOSAL 
Amendment No 1 
Article 1 Article 1 
1. This Regulation lays down the formalities and 
controls required for goods that cross internal frontiers 
of the Community accompanied by an ATA carnet, a 
Community movement carnet or the form 302 laid down 
under the Convention between the Parties to the North 
Atlantic Treaty on the Status of their Forces, signed in 
London on 19 June 1951. 
2. For the purposes of this Regulation: 
— 'internal frontier' means a land frontier between two 
Member States, 
— 'office of exit' means the customs office by which the 
goods leave the territory of the Member State, 
referred to as the 'Member State of exit', 
— 'office of entry' means the customs office by which the 
goods enter the territory of the Member State 
referred to as the 'Member State of entry'. 1. This Regulation applies to formalities on crossing 
the Community's internal frontiers, hereinafter referred 
to as 'formalities', which are generally required in respect 
of goods and/or commercial means of transport. 
2. This Regulation also applies to: 
— all checks to be carried out on crossing internal 
frontiers, 
— formalities and controls for confirming that the 
goods in question have left the territory of the 
Member State of exit. 
Amendment No 2 
Article la 
For the purposes of this Regulation: 
— 'internal frontier' means a frontier between two 
Member States, 
— 'office of exit'{l) means the border post (') by which 
the goods leave the territory of the Member State 
referred to as the 'Member State of exit', 
— 'office of entry'(l) means the border post (l) by which 
the goods enter the Member State referred to as the 
'Member State of entry'. 
(') Term to be employed generally in the text of the Regulation. 
4. 2. 89 Official Journal of the European Communities No C 29/9 
COMMON POSITION 
Article 2 
1. Where the goods referred to in Article 1 (1) cross 
an internal frontier, they need to be presented, for 
purposes of the formalities and controls to be carried out 
at the office of exit under the ATA carnet, the 
Community movement carnet or the form 302 
procedure, only at the office of entry unless the office of 
exit is at the same time the office of departure. 
2. Prohibitions and restrictions on importation, 
exportation and transit issued by the Member States shall 
apply to the extent that they are compatible with the 
three Treaties establishing the European Communities. 
3. In addition to the formalities incumbent upon it as 
such, the office of entry shall complete the formalities 
and controls that are incumbent upon the office of exit 
and shall immediately inform the latter thereof. RE-EXAMINED PROPOSAL 
Amendment No 3 
Article 2 
Where goods and/or commercial means of transport 
cross an internal frontier, a single check shall be made 
for the purpose of formalities and controls. 
This check shall be made at the office of entry, where 
the formalities shall be completed and any controls 
carried out both on that office's own account and on 
behalf of the office of exit, in the conditions laid down 
in Articles 4 to 9. 
Amendment No 4 
Article 2a 
1. The officials of the office of entry required to act 
in respect of the crossing of an internal frontier shall be 
authorized: 
— to supervise the completion, on behalf of the Member 
State of exit and with the same rights as those 
granted by the latter's legislation to its own officials, 
of that country's exit formalities, 
— to carry out the controls relating to those formalities 
in place of the officials of the Member State of exit, 
— to certify that the goods in question have left the 
territory of the Member State of exit, and 
— to record any infringement observed in the course of 
these checks. 
2. In the cases referred to in paragraph 1, the 
formalities and controls shall be deemed to have been 
carried out in the Member State of exit. 
Amendment No 5 
Article 2b 
The officials of the office of entry shall carry out their 
duties as described in Articles 3 and 4 in accordance with 
the rules applicable in their own Member State. 
No C 29/10 Official Journal of the European Communities 4. 2. 89 
COMMON POSITION RE-EXAMINED PROPOSAL 
In particular, they shall, in the performance of the tasks 
entrusted to them on behalf of the Member State of exit 
under this Regulation, enjoy the same rights and 
protection, and be subject to the same obligations, as if 
they were acting on behalf of their own Member State. 
Amendment No 6 
Article 3 Article 3 
1. Findings made pursuant to this Regulation by the 
authorities at the office of entry in a Member State shall, 
in the Member State which the goods have just left, have 
the same evidential force as findings made by the auth­
orities of that Member State. 1. The competent authorities of the Member State of 
entry shall send the Member State of exit any findings, 
documents, reports, records of proceedings or infor­
mation on the formalities and checks in question which 
may be of interest to that Member State. 
2. The competent authorities of the Member States 
shall, if necessary, communicate to one another all 
findings, documents, reports, records of proceedings and 
information relating to the goods referred to in 
paragraph 1. They shall also regularly send the competent authorities 
of the Member State of exit any documents processed on 
behalf of and intended for that Member State. 
2. The findings and acts of certification of officials of 
the office of entry shall have the same conclusive force in 
the Member State of exit as the findings and acts of 
certification of the officials of that Member State. 
3. Any findings of the officials of the office of entry 
which have an effect on the application of the rules of 
the Member State of exit shall be used by the competent 
authorities of that Member State in accordance with the 
provisions applicable to them. 
Amendment No 7 
Artikel 4 Article 4 
Irregularities discovered in the circumstances specified in 
Article 3 (') shall be deemed to have been discovered in 
the Member State which the goods have just. 
However, where the irregularity observed is only in 
breach of the laws, regulations and administrative 
provisions in force in the Member State of entry or 
where an excess is observed in the Member State of 
entry, the findings shall be deemed to have been made in 
that Member State. Where it becomes evident, in the course of checks 
carried out by the officials of the office of entry, that the 
goods concerned have left the Member State of exit 
without the requisite dispatch or export formalities, 
including health or plant-health formalities, having been 
carried out, the authorities of the office of entry shall 
send the said goods back to the Member State of exit 
unless the authorities of the Member State of entry 
decide otherwise, where the finding also effects the legis­
lation of that Member State or is the subject of a specific 
Community provision. 
"Without prejudice to criminal proceedings, duties and 
other textes shall be charged in accordance with the 
laws, regulations and administrative provisions of the 
Member States in which the findings are deemed to have 
been made. 
4. 2. 89 Official Journal of the European Communities No C 29/11 
COMMON POSITION RE-EXAMINED PROPOSAL 
Amendment No 8 
Article 5 
The provisions of this Regulation shall be without 
prejudice to agreements concluded or to be concluded 
between two or more Member States relating to the 
reduction or abolition of formalities at frontiers between 
them. 
Article 6 
Notwithstanding the provisions of Title IV of Regulation 
(EEC) No 3/84, the Committee on the movement of 
goods provided for in Article 55 of Council Regulation 
(EEC) No 222/77 (OJ No L 38, 9. 2. 1977, p. 1) as last 
amended by Council Regulation (EEC) No 1674/87 of 
11 June 1987 (OJ No L 157, 17. 6. 1987, p. 1), may 
examine any question concerning the application of this 
Regulation raised by the chairman of the committee 
either on his own initiative of at the request of the 
representative of a Member State. Article 4a 
1. Where difficulties arise concerning the interpre­
tation or application of the legislation of the Member 
State of exit the authorities of the office of entry shall 
contact their counterparts in the Member State of exit 
directly. 
2. Each Member State shall provide the other Member 
States with which it shares a common internal frontier 
with: 
— a list of the customs offices at the border crossing 
points on the said internal frontier, 
— the requisite information concerning the authorities 
to be contacted pursuant to paragraph 1 or those to 
whom the documents referred to in Article 6 (1) are 
to be sent. 
Amendment No 9 
Article 4b 
Each Member State shall inform the Member States with 
which it shares a common frontier of the rules applicable 
on leaving its territory. 
The said Member States shall be given prior notification 
of any amendment to those rules. 
Amendment No 10 
Article 5 
The provisions of this Regulation shall not form an 
obstacle to any agreements concluded or to be concluded 
between two or more Member States with a view to 
introducing, within the context of achieving an internal 
market in the Community, a greater degree of simplifi­
cation than is provided for by this Regulation. 
Amendment No 11 
Article 6 
1. The Committee on the Movement of Goods which 
was set up by Article 15 of Regulation (EEC) No 678/85 
('), hereinafter referred to as 'the Committee', may 
examine any question concerning the application of this 
Regulation that is raised by its chairman, either on his 
initiative or at the request of a Member State's represen­
tative. 
2. The provisions necessary for the application of this 
Regulation shall be adopted by the Commission after 
consulting the Committee. The Committee shall 
deliberate on requests for its opinion formulated by the 
Commission. The Commission, in seeking the opinion of 
the Committee, may fix a time limit within which that 
opinion must be given. The deliberations of the 
Committee shall not be followed by a vote. However, 
each member of the Committee may require that his 
opinion be entered in the minutes. 
O OJ No L 79, 21. 3. 1985, p. 1. 
No C 29/12 Official Journal of the European Communities 4. 2. 89 
COMMON POSITION RE-EXAMINED PROPOSAL 
Amendent No 12 
Article 6a 
Each Member State shall inform the Commission of the 
measures it takes within the context of this Regulation. 
The Commission shall communicate this information to 
the other Member States. 
Amendment No 13 
Article 7 
This Regulation shall enter into force on the third day 
following its publication. 
It shall be applicable as from the first day of the third 
month following its publication. 
This Regulation shall be binding in its entirety and 
directly applicable in all Member States. Amendment No 14 
Article 7 
This Regulation shall enter into force on 1 July 1989. 
This Regulation shall be binding in its entirety and 
directly applicable in all Member States.