No C 133/16 Official  Journal  of the European  Communities 28. 5. 79 
between  Member  States  and,  in particular,  the criteria 
for entry  in herd  books,  have  not yet been  adopted. 
2. The  Committee  would  urge  the Commission  to 
take the  necessary  steps  without  delay,  since  the 
Done  at Brussels,  21 February  1979. implementing  instruments  govern  all of the Community 
arrangements  for  trade  in pure-bred  bovines.  The 
Committee  emphasizes  that  it is in the Community's 
interest  to have  top quality  stock-farming. 
The Chairman  of 
the Economic  and  Social  Committee 
Fabrizia  BADUEL  GLORIOSO 
Opinion  on the proposal  for a Council  Regulation  on temporary  importation  arrangements 
The text  referred  to the Committee  has been  published  in Official  Journal  of the European 
Communities  No  C 172  of 19 July  1978,  page  2. 
A. LEGAL  BASIS  FOR  THE  OPINION 
On 17 July  1979  the Council  referred  the abovementioned  proposal  to the Economic  and 
Social  Committee  in accordance  with  Article  198  of the Treaty  establishing  the European 
Economic  Community. 
B. OPINION  OF THE  ECONOMIC  AND  SOCIAL  COMMITTEE 
The Economic  and  Social  Committee  prepared  its opinion  on the above  matter  at its 166th 
plenary  session  held  in Brussels  on 21 and  22 February  1979. 
The full text  of the opinion  is as follows: 
THE  ECONOMIC  AND  SOCIAL  COMMITTEE, 
Having  regard  to the Treaty  establishing  the European 
Economic  Community,  and  in particular  Article  198 
thereof, 
Having  regard  to the request  made  by the Council  of the 
European  Communities  on 17 July  1978  for an opinion, 
Having  regard  to the decision  taken  by its Bureau  on 
11 July  1978  instructing  the  Section  for  Industry, 
Commerce,  Crafts  and Services  to draw  up an opinion  on 
the matter, 
Having  regard  to the opinion  issued  by the Section  for 
Industry,  Commerce,  Crafts  and Services  at its meeting 
held on 31 January  1979, 
Having  regard  to the  oral  report  submitted  by the 
rapporteur,  Mr Marvier, Having  regard  to the discussions  at its 166th  plenary 
session  held  on 21 and  22 February  1979  (meeting  of 
21 February), 
HAS  ADOPTED  THE  FOLLOWING  OPINION 
unanimously: 
1. General  comments 
1.1. The  Committee  approves  the  Commission's 
aim in submitting  this  proposal  for a Regulation  on 
temporary  importation  arrangements. 
1.2. It  would  indeed  be appropriate  to standardize 
the temporary  importation  arrangements  for  various 
materials,  equipment  and  machinery  in each  of the 
Member  States. 
28. 5. 79 Official  Journal  of the European  Communities No C 133/17 
1.3. The  Committee  notes,  however,  that  the proposal 
only concerns  the  temporary  importation  into  the 
Community  of goods  from  non-member  countries  and 
does  not  deal  with  the  temporary  importation  of 
Community  products  from  one  Member  State  into 
another.  Although  they  are not subject  to customs  duties, 
the formalities  for such  products  (customs  declaration, 
furnishing  of security,  etc.)  are as complex  as those  for 
products  from  non-member  countries.  It is abnormal  to 
have  to resort  to the  ATA  system  (the  International 
Customs  Convention  of the  Customs  Cooperation 
Council  entitled  'Admission  temporaire  - Temporary 
admission')  to enable  such  goods  as musical  instruments, 
scenery  and  tools  to be moved  without  difficulty  from 
one Member  State  to another.  Whatever  its attributes, 
the ATA  system  derives  from  an international  agreement 
external  to the EEC,  and  it is abnormal  that  no simpler 
Community  system  has so far been  devised  in a custom 
union  that  is now  20 years  old.  People  who  work  in this 
field  attach  the greatest  importance  to securing  a rapid 
solution  to the problem  based  on a liberal  approach. all those  measures  which  would  facilitate  successive 
temporary  importations  into  several  Member  States, 
thereby  facilitating  movement  from  one  Member 
State  to another,  have  been  deferred  pending  a 
further  Council  Decision  (Article  26). 
2. Specific  comments 
2.1. Article  1(1),  second  subparagraph 
The Committee  regrets  that  means  of transport  have 
been  left out and  hopes  that  the requirements  for their 
temporary  importation  will  be rapidly  aligned. 
1.4. Apart  from  the above  limitations  of the proposal 
submitted  for its opinion,  the Committee  notes  that  the 
text is difficult  to read  in all six Community  languages. 
The Committee  is aware  of the difficulties  arising  from 
the disparate  nature  of the provisions  in the proposal  and 
of the fact  that  agreements  between  the Member  States' 
experts  frequently  take  the  form  of  laborious 
compromises  over  form  and  substance;  nevertheless,  as 
indicated  in its specific  comments,  the  Committee 
believes  that  the proposal  should  be revised  to make  it 
clearer  and  more  comprehensible.  It stresses  that  these 
comments  are dictated  not by a desire  for purism  but by 
the need  for clear  rules,  since  any obscurity  could  lead  to 
disputes  and  difficulties  in an area  which  frequently 
concerns  occasional  users. 2.2. Article  2 (every  paragraph) 
It should  be evident  that  the  authorities  referred  to 
in each  of the  paragraphs  are  indeed  the  national 
authorities. 
2.3. Article  2 (3) (a) 
The Committee  believes  that,  while  'general  provisions' 
may be adopted  for  authorizations  for  temporary 
importation,  they  should  be Community  provisions  and 
not left to the discretion  of the individual  Member  States. 
1.5. The  Committee  regrets  that  the  proposal  is 
confined  to the  alignment  of provisions  concerning 
temporary  importation  that  are already  in force  in the 
nine Member  States  and introduces  few  innovations. 2.4. Article  5 
The Committee  interprets  the  second  paragraph  as 
meaning  that  the 24 month  period  laid  down  in the first 
paragraph  may  be exceeded  and would  like  clarification 
of this  point. 
1.6. It  notes  in particular  that: 
— the  system  of security  is left entirely  to the discretion 
of the 'authorities'  (Article  4), i.e. to the individual 
Member  States,  although  it would  have  been  possible 
to make  express  provision  for a Community  system 
of security;  this is the area  with  the heaviest  costs  and 
the most  cumbersome  formalities  (guarantee  to be 
furnished  to the security  bodies,  etc.), 2.5. Article  7 
'The benefit  of the arrangements  consisting  of total  relief 
from  payment  of import  duties  shall  be granted'  should 
be reworded  thus:  'The  temporary  importation 
arrangements  with  total  relief  from  payment  of import 
duties  shall  be applied..  .'. This  applies  to the whole 
text. 
No C 133/18 Official  Journal  of the European  Communities 28. 5. 79 
2.6. Article  9 
The Committee  regrets  that  the list of non-profit  making 
activities  is exhaustive  (b), whereas  the list of industrial 
and commercial  activities  is not  (a).  It proposes  the 
following  rewording: 
'(b) add  at the  end:  "or  for  any  other  social 
purposes".' 
2.7. Article  10 (1) (b), second  and  third  indents 
The present  text  is hard  to understand  and  should  be 
revised. 
2.8. Article  10 (c) 
This should  cover  both  sound  and  image  recording 
apparatus. 
2.9. Article  12 (2) 
The reason  for  the strict  limitation  of the period  of 
temporary  importation  to six months  is apparently  the 
fact that  there  is no 'non-availability  in the Community 
clause'  like  that  applicable  for the implementation  of 
Unesco  agreements,  for example.  While  it accepts  that 
this holds  good  for certain  products,  the Committee  feels 
that this  problem  generally  does  not arise  in respect  of 
cultural  activities  and,  in particular,  works  of art. 
2.10.  Article  13 
The Committee  wonders  why  collections  are mentioned 
twice,  in (b) and (c). 
It suggests  rewording  paragraph  (f) as follows: 
'(f) sound  and  video  recordings.' 
2.11.  Article  14 
The word  'en'  should  be deleted  in the third  line  of the 
French  text  (no change  in English  version). 
2.12.  Article  IS 
The Committee  believes  that  the ban  on the transfer  of 
materials  for  research  purposes  from  one  person  to 
another  — even  where  such  transfers  are justified  — is too rigid,  since  research  teams  frequently  collaborate  at 
different  stages  of the same  work. 
2.13.  Article  16, first  paragraph  and  subparagraphs  (f) 
and (g) 
The same  comment  as under  Article  14 applies  to the 
fourth  line  of the first  paragraph  in the French  text  (no 
change  in English  version). 
(f) This  subparagraph  in fact  gives  a definition  of 
samples  and  this  term  should  be used  directly. 
(g) According  to this  subparagraph,  special  tools  and 
instruments  intended  for the production  of goods 
have  to remain  the property  of the consignee  of these 
goods.  However,  as the first  sentence  of Article  16 
requires  that  these  same  tools  and  instruments 
remain  the property  of the supplier  and as the latter 
and the consignee  of the goods  are not necessarily 
always  the same  person,  the second  half  of (g) is 
misleading.  Either  the 'consignee  of the said  goods' 
must  be replaced  by 'the  supplier'  or the  whole 
second  half  of the sentence  must  be deleted. 
2.14.  Article  19 
Article  19 should  refer  expressly  to image  carriers  (other 
than films). 
2.15.  Article  20 (2) 
The reference  to the  Geneva  Customs  Agreement  on 
containers  of 18 May  1956  is out of date,  since  a new 
more  modern  international  definition  has  since  been 
drawn  up. 
It is not possible  to refer  to the Customs  Agreement  on 
containers  of 1972,  since  the EEC  is not a contracting 
party.  But  a reference  could  be made  to the  1975 
Customs  Convention  on the international  transport  of 
goods  by road,  which  also  contains  the new  definition. 
2.16.  Article  21 (g) 
The Committee  proposes  referring  here  to 'articles  of a 
personal  nature  imported  in small  quantities  or personal 
articles  of little  value'. 
2.17.  Article  22 
This Article  refers  to various  transactions  which  have  no 
economic  effect.  Where  it is established  that  there  is no 
economic  effect,  it seems  odd  to limit  the  period 
28. 5. 79 Official  Journal  of the European  Communities No C 133/19 
of temporary  importation  to six  months,  with  no 
possibility  of extension. 
The Committee  therefore  proposes  deleting  the second 
subparagraph  of Article  22, which  would  bring  such 
transactions  under  the  general  provisions  of the 
Regulation  (a maximum  period  of two  years,  where 
necessary).  It suggests  that  the  end  of the  first 
subparagraph  should  be amended  to read: 
'where  the transactions  concerned  have  no economic 
effect  and are not expressly  dealt  with  elsewhere.' 
2.18.  Article  24 (1) 
The Committee  approves  the setting  up of Community 
arrangements  for temporary  importation  with  partial 
payment  of duty  pro rata  temperis. 
However,  the percentage  laid  down  (3%  per  month) 
would  result  in a total  payment  of duty  for a stay  of 
about  two  years  and  nine  months. 
This period  of under  three  years  presents  no problems  in 
the case  of public  works  materials,  which  have  a short 
useful  life. But it is a short  time  for most  other  materials, 
for which  the depreciation  period  is generally  five  years. 
Two  categories  of materials  should  therefore  be 
established  for  calculating  the  amount  of partial 
payment. principle  of equal  treatment  requires  that  this  should 
apply  not  only  where  the charge  is too low  but  also 
where  it is too high.  Article  24 (2) should  therefore  be 
deleted. 
2.19.  Article  26 
The Committee  once  again  expresses  its regret  that  the 
most  useful  measures  have  been  deferred  indefinitely. 
2.20.  Article  27(1) 
The first  line  of this  paragraph  should  be amended  to 
read as follows:  'The  temporary  importation  operation 
shall  terminate  when,  in accordance  . . 
Article  27 (2) 
The first  line  of this  paragraph  should  be amended  to 
read as follows:  'The  temporary  importation  operation 
shall  be regarded  as terminated  upon  . . 
2.21.  Article  29 (1) 
The first  line  should  read:  'Where  waste  goods 
resulting  from  duty  authorized  destruction  are  not 
re-exported  ...'. 
Article  24 (2) 
If it is to be possible  to adjust  the standard  percentage  in 
the light  of the  goods'  real  diminution  in value,  the 2.22.  Article  30 
The first  line of the first  paragraph  should  be amended  to 
read as follows:  'The  temporary  importation  operation 
shall  be regarded  as terminated  if on ...'. 
Done  at Brussels,  21 February  1979. 
The Chairman  of 
the Economic  and  Social  Committee 
Fabrizia  BADUEL  GLORIOSO 
Opinion  on the  proposal  for  a Council  Regulation  for  a Community  aid  system  for 
intra-Community  trade  in power  station  coal 
The text  referred  to the Committee  has been  published  in Official  Journal  of the European 
Communities  No  C 243  of 13 October  1978,  page  3.