ARCHIVES HISTORIQUES 
DE LA COMMISSION 
 
 
 
COLLECTION RELIEE DES 
DOCUMENTS "COM" 
 
 
 
 
COM (83) 1 45 
 
 
 
 
Vol. 1983/0 042 
  
 
Disclaimer  
Conformém ent au règlement (CEE, Euratom) n° 354/83 du Conseil du 1er février 1983 
concernant l'ouverture au public des archives historiques de la Communauté économique 
européenne et de la Communauté européenne de l'énergie atomique (JO L 43 du 15.2.1983, 
p. 1), tel que modifié par le règlement (CE, Euratom) n° 1700/2003 du 22 septembre 2003 
(JO L 243 du 27.9.2003, p. 1), ce dossier est ouvert au public. Le cas échéant, les documents 
classifiés présents dans ce dossier ont été déclassifiés conformément à l'article 5 dudit 
règlem ent. 
In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983 
concerning the opening to the public of the historical archives of the European Econom ic 
Communit y and the European Atom ic Energy Communit y (OJ L 43, 15.2.1983, p. 1), as 
amended by Regulation (EC, Euratom) No 1700/2003 of 22 September 2003 (OJ L 243, 
27.9.2003, p. 1 ), this file is open to the public. Where necessary, classified documents in this 
file have been declassified in conformity with Article 5 of the aforementioned regulation.  
In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom  1. 
Februar 1983 über die Freigabe der historischen Archive der Europäischen  
Wirtschaftsgemeinschaft und der Europäischen Atomgem einschaft (ABI. L 43 vom  15.2.1983,  
S. 1), geändert durch die Verordnung (EG, Euratom) Nr. 1700/2003 vom 22. Septem ber 2003  
(ABI. L 2 43 vom  27.9.2003, S. 1), ist diese Datei der Öffentlichkeit zugänglich. Soweit  
erforderlich, wurden die Verschlusssachen in dieser Datei in Übereinstimmung m it Artikel 5  
der genannten Verordnung freigegeben.  
COMMISSION OF THE EUROPEAN COMMUNITIES
C 0 M C 8 3 )  K5 final  
Brussels, 2 5  M a r c h  1 9 8 3
ProposaU1 ^ /  a  
CQUNCIL_BE6yLATI0N_(EEC)
o n  the application in the C o m m u n ity  of Decision N o  1/83 of the  
E E C -Sw itzerland E E C -A u stria Joint C o m m ittee - C o m m u n ity  
transit - a m en d in g  the A g reem en t betw een the E u ro p ea n  
E co n o m ic C o m m u n ity  a n d  Switzerland a n d  Austria o n  the  
application of the rules o n  C o m m u n ity  transit
D raft
2i£ISI0N _N 0_1/83
of the E E C -Sw itzerland E E C -A ustria Joint C o m m ittee - C o m m u n ity  
transit - a m en d in g  the A g reem en t betw een the E u ro p ea n  
E co n o m ic C o m m u n ity  a n d  Switzerland a n d  Austria o n  the  
application of the rules o n  C o m m u n ity  transit
(subm itted to the C ouncil b y  the C o m m issio n )
C O M (83) 1 4 5  final

E X P L A N A T O R Y  M E M O R A N D U M
Subject:  Application in the C o m m u n ity .of Decision N o  1/83 of the
E E C -Sw itzerland a n d  E E C -A ustria Joint C om m ittees o n  C o m m u n ity  
transit
1. C ouncil Regulation ( E E C )  N o  222/77 o n  C o m m u n ity  transit h as been  
a m e n d e d  b y  Regulation ( E E C )  N o  3617/82^ w h ich  introduces, in favour ·
of guarantors, so m e  easing of the conditions pertaining to the guarantee  
system s relating to C o m m u n ity  transit. T h a t a m e n d m e n t m a k e s it  
necessary to a m e n d  A p p en d ix III to the E E C -Sw itzerland a n d  E E C -A ustria  
A greem ents o n  C o m m u n ity  transit·^. T h a t is the purpose of draft Decision  
N o  1/83 of the Joint C om m ittees.
2. It is suggested that the attached draft Decision b e adopted b y  the  
C ouncil as the C o m m u n ity 's joint position within the E E C -Sw itzerland  
a n d  E E C -A ustria Joint C om m ittees o n  C o m m u n ity  transit.
3. Following the adoption of this act b y  the Joint C om m ittees, it will  
h ave to b e m a d e  applicable in the C o m m u n ity  b y  a  C ouncil regulation,  
the draft of w h ich  is also attached.
O J  N o  L  38, 9.2.1977, p. 1  
O J  N o  L  382, 31.12.1982, p. 6.
O J  N o  L  294, 29.12.1972, pp. 2  a n d  87.

Proposal for a  
COUNCIL REGULATION (EEC)
o n  the application in the C o m m u n ity  of Decision N o  1/83 of the  
E E C -Sw itzetland E E C -A ustria Joint C om m ittee - C o m m u n ity  
transit - a m en d in g the A g reem en t betw een the E u ro p ea n  
E co n o m ic C o m m u n ity  a n d  Switzerland a n d  Austria o n  the  
application of the rules o n  C o m m u n ity  transit
T H E  C O U N C I L  O F  T H E  E U R O P E A N  C O M M U N I T I E S ,
H a v in g  regard to the Treaty establishing the E u ro p ea n  E co n o m ic C o m m u n ity ,  
a n d  in particular Article 113 thereof,
H a v in g  regard to the proposal fro m  the C om m ission ,
W h e r e a s Article 1 6  of the A greem en t betw een the E u ro p ea n  E co n o m ic C o m m u n ity  a n d
Switzerland a n d  Austria o n  the application of the rules o n  C o m m u n ity  transit  e m p o w er s the Joint C o m m ittee set u p  u n d er that A greem en t to adopt decisions  
m a k in g  certain a m en d m en ts to the A greem ent;
W h erea s the Joint C o m m ittee h as decided to a m e n d  the specim en guarantee  
d ocu m en ts in A p p en d ix III to the A greem ent;
W h ere a s the abovem entioned a m en d m en ts are the subject of Decision N o  
1/83 of the Joint C om m ittee; w hereas it is necessary to adopt the  
m easures necessary for the im plem entation of that Decision,
H A S  A D O P T E D  T H I S  R E G U L A T I O N :
Article 1
Decision N o  1/83 of the EEC-Switzerland E E C  Austria Joint C o m m ittee - C o m m u n ity  
transit - a m en d in g  the A areem en t betw een the E u ro p ea n  E co n o m ic C o m m u n ity  a n d
Switzerland a n d  Austria o n  the application of the rules o n  C o m m u n ity  transit  
shall apply in the C o m m u n ity .
T h e  text of the Decision is annexed to this Regulation.
Article 2
T his Regulation shall enter into force o n  the d a y  following its publication  
in the Official Journal of the E u ro p ea n  C om m unities.
T his Regulation shall b e binding in its entirety a n d  directly applicable  
in all M e m b e r  States.
D o n e  at Brussels,
F o r  the C ouncil  
T h e  President
O J  N o  L  294, 29.12.1982, p.

D raft
D E C I S I O N  N O  1/83
of the E E C -Sw itzerland E E C -A ustria Joint C o m m ittee - C o m m u n ity  
transit - a m en d in g  the A g reem en t betw een the E u ro p ea n  
E co n o m ic C o m m u n ity  a n d  Switzerland a n d  Austria o n  the  
application of the rules o n  C o m m u n ity  transit
T H E  J O I N T  C O M M I T T E E ,
H a v in g  regard to the A g reem en t b etw een  the E u ro p ea n  E co n o m ic C o m m u n ity  a n d  
o n  the application of the rules o n  C o m m u n ity  transit, a n d  in particular Article  
16(3)(a) thereof,
W h erea s the specim en guarantee d ocu m en ts an n exed  to the Regulation o n  C o m m u n ity  
transit h a v e b een  a m e n d e d  in order, in particular, to give guarantors a  certain  
period in w h ich  to effect the p a y m e n t of the a m o u n ts claim ed; w hereas the sp ecim en  
guarantee d ocu m ents in A p p en d ix III to the A g reem en t m ust, therefore, b e  a m e n d e d  
to take into account that a m e n d m e n t;
W h erea s b y  Decision N o  1/81 of the Joint C o m m ittee A p p en d ix II to the A g reem en t  
w a s so a m e n d e d  as to m a k e  provision for certain changes to the flat-rate guarantee  
system ; w hereas that Decision is applicable until 3 1  D e c e m b e r  1983; w hereas it h a s  
b een  foun d  necessary to extend the application of that Decision b ey o n d  that date;  
w hereas the term  of validity of that Decision should, therefore, b e  extended;
H A S  D E C I D E D  A S  F O L L O W S :
Article 1
Specim ens I  to III in A p p en d ix III to the A g reem en t are hereby replaced b y  the  
specim ens an n exed  to this Decision.
Article 2  '
T h e  validity of Decision N o  1/81 of the Joint C om m ittee,extended for the first  
tim e b y  Decision N o  1/82, is hereby extended until 3 1  D ec em b er 1985.
Article 3
T his Decision shall enter into force o n  1  Jan uary 1984.
Done at Brussels,
F o r  the Joint C o m m ittee  
T h e  C h a ir m a n

ANNEXAPPENDIX III
SPECIMEN I
COMMUNITY TRANSIT
GUARANTEE
(Comprehensive guarantee covering several Community transit operations)
I. UNDERTAKING BY THE GUARANTOR
1 . The undersigned .............................................................. ....................................... (')
re
sident at ........................................ ...................................................................... (2 !
he
reby jointly and severally guarantees, at the office of gurantee o f ..............................
up
 to a maximum amount o f...................................................in favour of the King­
dom of Belgium, the Kingdom of Denmark, the Federal Republic of Germany, the Hel­
lenic Republic, the French Republic, Ireland, the Italian Republic, the Grand Duchy of 
Luxembourg, the Kingdom of the Netherlands, the United Kingdom of Great Britain 
and Northern Ireland the Republic of Austria and the Swiss Confederation
any amount for which a principal ................................................... (4 ) may be or
be
come liable to the abovementioned States by reason of infringements or irregularities 
committed in the course of a Community transit operation carried out by that person, 
including duties, taxes, agricultural levies and other charges — with the exception of 
pecuniary penalties — as regards principal or further liabilities, expenses and inciden- 
' tals.
2 %  The undersigned undertakes to pay upon the first application in writing by the compe­
tent authorities of the States referred to in paragraph 1  and without being able to defer 
payment beyond a period of 30 days from the date of application the sums requested up 
to the limit of the abovementioned maximum amount, unless he or she or any other 
person concerned establishes before the expiry of that period, to the satisfaction of the 
competent authorities, that the Community transit operation was conducted without 
any infringement or irregularity within the meaning of paragraph 1 .
The competent authorities may, upon request of the undersigned and for any reasons 
recognized to be valid, defer the period within which the undersigned is obliged to pay 
the requested sums beyond a period of 30 days from the date of application for pay­
ment. The expenses incurred, from granting this additional period, and in particular any 
interest, must be calculated in such a way that the amount is equivalent to that which 
would be charged to that end on the money market or financial market in the State con­
cerned.
This amount may not be reduced by the sums already paid in pursuance of this under­
taking unless recourse is had to the undersigned in respect of a Community transit oper- 
. ation which began before the receipt of the earlier application for payment or during the 
30 days following that receipt.
3. This undertaking shall be valid from the day of its acceptance by the office of guaran­
tee.
This guarantee may be cancelled at any time by the undersigned, or by the State in the 
territory of which the office of guarantee is situated.
The cancellation shall take effect on the 16th day after notification thereof to the other 
party.
(r)  Surname and forenames, or name of firm .
(2 ) Full address.
( ■’) Delete the name of any State or States of which the territory will not be used. 
(4 ) Surname and forenames, or name of firm, and full address of the principal.

-  2 -
The undersigned shall remain responsible for payment of the sums which become pay­
able in respect of Community transit operations covered by this undertaking which began 
before the date on which the cancellation took effect, even if the demand for payment is 
made after that date.
4. For the purpose of this undertaking the undersigned gives his address for service (') as
................................................... (2 ) and, in each of the other States referred to in para­
graph 1 , as care of:
St
ate Surname and forenames, or name of firm, and full address
-
................................................. J; .....................................
■  i, y ;
The undersigned acknowledges that all correspondence and notices and any formalities 
or procedures relating to this undertaking addressed to or effected in writing at one of 
his addresses for service shall be accepted and duly delivered to him.
The undersigned acknowledges the jurisdiction of the courts of the places where he has 
an address for service. ’1  r-icrn>?r.C··  1
The undersigned undertakes to maintain his addresses for service or, if he has to alter 
one or more of those addresses, to inform the office of guarantee in advance.
Done at ........................... . .  ., on .............................. ..
Si
gnature (3 )
II. ACCEPTANCE B Y  THE OFFICE OF GUARANTEE
Office of guarantee .......................
Gu
arantor’s undertaking accepted on
Stamp and signature
(1  >  if, in the law of the State, there is no provision for address for service the guarantor shall appoint, in each 
of the States referred to in paragraph 1 , an agent authorized to receive any communications addressed to 
him. The courts of the places in which the addresses for service of the guarantor or of his agents are situated shall have jurisdiction in disputes concerning this guarantee. The acknowledgement in the 
second subparagraph and the undertaking in the fourth subparagraph of paragraph 4 must be made to 
correspond.
(’)  Full address.
(’) The signature must be preceded by the following in the signatory’ s own handwriting: ‘Guarantee for the 
amount of .......................... with the amount written out in full.

- 3  -
SPECIMEN II
COMMUNITY TRANSIT
GUARANTEE
(Guarantee covering a single Community transit operation)
UNDERTAKING B Y  THE GUARANTOR
1 . The undersigned .......................................................... ........................................... (')
re
sident at .......................................... ....................................................................(2 )
he
reby jointly and severally guarantees, at the office of departure of
...................................................in favour of the Kingdom of Belgium, the Kingdom
of Denmark, the Federal Republic of Germany, the Hellenic Republic, the French 
Republic, Ireland, the Italian Republic, the Grand Duchy of Luxembourg, the Kingdom 
of the Netherlands, the United Kingdom of Great Britain and Northern Ireland, 
th e  R e p u b lic  o f A u s tr ia  a n d  th e  S w is s  C o n f e d e r a t io n  G ),
any amount for which a principal ................................................... (4 ) may be or
be
come liable to the abovementioned States by reason of infringements or irregularities 
committed in the course of a Community transit operation carried out by that person 
from the office of departure of ....................................................................................
to
 the office of destination of .................................  .......................................
in
 respect of the goods designated hereinafter, including duties, taxes, agricultural levies 
and other charges — with the exception of pecuniary penalties — as regards principal or 
further liabilities, expenses and incidentals.
2. The undersigned undertakes to pay upon the first application in writing by the compe­
tent authorities of the States referred to in paragraph 1  and without being able to defer 
payment beyond a period of 30 days from the date of application the sums requested 
unless he or she or any other person concerned establishes before the expiry of that 
period, to the satisfaction of the competent authorities, that the Community transit 
operation was conducted without any infringement or irregularity within the meaning of 
paragraph 1 .
The competent authorities may upon request of the undersigned and for any reasons 
recognized to be valid defer the period within which the undersigned is obliged to pay 
the requested sums beyond a period of 30 days from the date of application for pay­
ment. The expenses incurred, from granting this additional period, and in particular any 
interest, must be calculated in such a way that the amount is equivalent to that which 
would be charged to that end on the money market or financial market in the State con­
cerned.
3. This undertaking shall be valid from the day of its acceptance by the office of departure.
4. For the purposes of this undertaking, the undersigned gives his address for service (5 ) as 
 (2) and, in each of the other States referred to in para­
graph 1 , as care of:
) Surname and forenames, or name of firm .
) Full address.
) Delete the name of any State or States of which the territory is not to be used.
) Surname and forenames, or name of firm, and full address of the principal.
) If, in the law of the State, there is no provision for address for service, the guarantor shall appoint, in each
of the States referred to in paragraph 1 , an agent authorized to receive any communications addressed to 
him. The courts of the places in which the addresses for service of the guarantor or of his agents are 
situated shall have jurisdiction in disputes concerning this guarantee. The acknowledgement in the 
second subparagraph and the undertaking in the fourth subparagraph of paragraph 4 must be made to 
correspond.

- 4  -
State Surname and forenames, or name of firm, and full address
'
’
,
The undersigned acknowledges that all correspondence and notices and any formalities 
or procedures relating to this undertaking addressed to or effected in writing at one of 
his addresses for service shall be accepted as duly delivered to him.
The undersigned acknowledges the jurisdiction of the courts of the places where he has 
an address for service.
The undersigned undertakes to maintain his addresses for service, or, if he has to alter 
one or more of those addresses, to inform the office of guarantee in advance.
Done at ,: .................................. on.....................................
-aderta
i
' ' · · ■■?■.£{,.·.’ < 5  '-V .’ o' Uli’Signature (')
II. ACCEPTANCE BY THE OFFICE OF DEPARTURE
-• •a  his. add ress··'
Office of departure ................... K-.mAKm.the o f f i c i i . , ' ' . .......................
Gu
arantor’s undertaking accepted on ................................................................to cover the
Community transit operation under T 1  /T 2 (2 ), issued on ...................................................
und
er N o...................................................
Stamp and signature
(')
(2 )The signature must be preceded by the following in the signatory’ s own handwriting: ‘Guarantee’.  
Delete as appropriate.

- 5  -y t
SPECIMEN III
COMMUNITY TRANSIT
GUARANTEE
(Flat-rate guarantee system) 
I. UNDERTAKING BY THE GUARANTOR
1 . The undersigned ......................................................................................................(')
resident at .............................................................................................................. (2 )
hereby jointly and severally guarantees, at the office of guarantee o f ............................
in
 favour of the Kingdom of Belgium, the Kingdom of Denmark, the Federal Republic 
of Germany, the Hellenic Republic, the French Republic, Ireland, the Italian Republic, 
the Grand Duchy of Luxembourg, the Kingdom of the Netherlands, the United King- 
. dom of Great Britain and Northern Ireland*any amount for which a principal may * the Republic OT  
become liable to the abovementioned States by reason of infringements or irregularities Austria and the  
committed in the course of a Community transit operation including duties, taxes, agri- SWISS Confederation  
cultural levies and other charges — with the exception of pecuniary penalties — as 
regards principal or further liabilities, expenses and incidental charges with regard to 
which the undersigned has agreed to be responsible by the issue of guarantee vouchers 
up to a maximum amount of 7 000 ECU per guarantee voucher.
2. The undersigned undertakes to pay upon the first application in writing by the compe­
tent authorities of the States referred to in paragraph 1  and without being able to defer 
payment beyond a period of 30 days from the date of application in the sums requested 
up to 7 000 ECU per guarantee voucher, unless he or she or any other person concerned 
establishes before the expiry of that period, to the satisfaction of the competent auth­
orities, that the Community transit operation was conducted without any infringement 
or irregularity within the meaning of paragraph 1 .
The competent authorities may upon request of the undersigned and for any reasons 
recognized to be valid, defer the period within which the undersigned should pay the 
requested sums beyond a period of 30 days from the date of application for payment. 
The expenses incurred, from granting this additional period, and in particular any 
interest, must be calculated in such a way that the amount is equivalent to that which 
would be charged to that end on the money market or financial market in the State con­
cerned.
3. This undertaking shall be valid from the day of its acceptance by the office of guaran­
tee.
This guarantee may be cancelled at any time by the undersigned, or by the State in the 
territory of which the office of guarantee is situated.
The cancellation shall take effect on the 16th day after notification thereof to the other 
party.
Tne undersigned shall remain responsible for payment of the sums which become pay­
able in respect of Community transit operations covered by this undertaking which began 
before the date on which the cancellation took effect, even if the demand for payment is 
marie after that date.
4. For the purpose of this undertaking, the undersigned gives his address for service (3 ) as 
 (2 ) and, in each of the other States referred to in para­
graph I, as care of :
(') Surname and forenames, or name of firm .
(2 ) Full address.
(3 ) If, in the law of a State, there is no provision for giving addresses for service, the guarantor shall appoint, 
in each of the States referred to in paragraph 1 , an agent authorized to receive any communications 
addressed to him. The courts of the places in which the addresses for service of the guarantor or of his 
agents are situated shall have jurisdiction in disputes concerning the guarantee. The acknowledgement in 
the second subparagraph and the undertaking in the fourth subparagraph of paragraph 4 must be made to 
correspond.

-6 -
State Surname and forenames, or name of firm, and full address
The undersigned acknowledges that all correspondence and notices and any formalities 
or procedure relating to this undertaking addressed to or effected in writing at one of his 
addresses for service shall be accepted as duly delivered to him.
The undersigned acknowledges the jurisdiction of the courts of the places where he has 
an address for service.
The undersigned undertakes to maintain his addresses for service, or, if he has to alter 
one or more of those addresses, to inform the office of guarantee in advance.
Done at ........................... . on ...........................
Si
gnature (')
II. ACCEPTANCE BY THE OFFICE OF GUARANTEE
Office of guarantee ............................................................................................................
Guarantor’s undertaking accepted on ...................................................................  ...........
St
amp and signature
(i) The signature must be preceded by the following in the signatory's own handwriting: ‘ Guarantee’.