No C 212/8 Official Journal of the European Communities 25. 8. 90 
Proposal for a Council Regulation (EEC) concerning the elimination of controls and formalities 
applicable to the cabin and checked baggage of passengers taking an intra-Community flight 
and the baggage of passengers making an intra-Community sea crossing 
COM(90) 370 final — SYN 289 
(Submitted by the Commission on 3 August 1990) 
(90/C 212/09) 
THE COUNCIL OF THE EUROPEAN COMMUNITIES, 
Having regard to the Treaty establishing the European 
Economic Community, and in particular Article 100a 
thereof, 
Having regard to the proposal from the Commission, 
In cooperation with the European Parliament, 
Having regard to the opinion of the Economic and 
Social Committee, 
Whereas Article 8 a of the Traty provides that the 
internal market shall comprise an area without internal 
frontiers in which the free movement, in particular, of 
goods is ensured; whereas in this context ports and 
airports stand apart as either may constitute, at the same 
time, an external frontier and an internal border; 
whereas the application of the principle of freedom of 
movement should result, inter alia, in the elimination of 
controls on the cabin and checked baggage of passengers 
taking an intra-Community flight and the baggage of 
passengers making an intra-Community sea crossing; 
Whereas a journey by air may involve several successive 
legs in the same aircraft, some legs being over 
Community territory and others outside it, and whereas 
the treatment of some flights must take into account the 
practicalities of organizing controls and of international 
competition; 
Whereas maritime transport may involve different types 
of voyage and whereas the concept of an intra-
Community sea crossing must be defined; 
Whereas the elimination of the controls and formalities 
applicable to baggage on intra-Community flights and 
sea crossings does not rule out the possibility of main­
taining safety checks, 
HAS ADOPTED THIS REGULATION: 
Article 1 
Without prejudice to the safety checks applicable in air 
and sea transport, no controls or formalities shall be 
carried out in respect of: — the cabin and checked baggage of passengers taking 
an intra-Community flight, subject to the provisions 
of Articles 3 and 4, 
— the baggage of passengers making an intra-
Community sea crossing. 
Article 2 
For the purposes of this Regulation: 
1. 'Community airport' means any airport situated in 
Community customs territory; 
2. 'Flight' means the movement of an aircraft from one 
airport to another without any immediate stop; 
3. 'Intra-Community flight' means a flight for which the 
airport of departure and the airport of arrival are 
situated in Community customs territory; 
4. 'Community port' means any port situated in 
Community customs territory; 
5. 'Sea crossing'means the movement of a vessel between 
two ports without any intermediate stop; 
6. 'Intra-Community sea crossing' means a sea crossing 
where the port of departure and port of arrival are 
situated in Community customs territory and the 
journey is made by a vessel crossing regularly between 
two or more specified Community ports. 
Article 3 
This Regulation shall not apply to: 
— the cabin and checked baggage of passengers taking 
a flight in an aircraft that began its journey at a 
non-Community airport and which pursues it 
between two Community airports, 
— the cabin or checked baggage of passengers taking a 
flight in an aircraft which, after a leg between two 
Community airports, continues its journey by 
proceeding from the second Community airport to a 
non-Community airport or to a final destination 
which is a non-Community airport, 
25. 8. 90 Official Journal of the European Communities No C 212/9 
— the baggage of passengers using a maritime service 
effected in one vessel and comprising successive legs 
departing from, terminating in or calling at a 
non-Community port, 
— the baggage of passengers on board pleasure craft, 
i.e. private boats intended for recreational use whose 
itinerary depends on the wishes of the user. 
Article 4 
(1) Where checked baggage coming from a 
non-Community airport is transferred at a Community 
airport to another aircraft proceeding on an intra-
Community flight, that baggage shall be subject to any 
controls at the airport of destination of the intra-
Community flight. 
(2) Where checked baggage is loaded onto an aircraft 
proceeding on an intra-Community flight for transfer at 
another Community airport to an aircraft whose desti­
nation is a non-Community airport, that baggage shall 
be subject to any controls at the airport of departure of 
the intra-Community flight. 
Article 5 
The Committee on Community transit, hereinafter 
referred to as 'the Committee', set up by Article 42 of 
Council Regulation (EEC) No ... on Community 
transit, shall be responsible for the implementation of 
Articles 6 and 7. Article 6 
The Committee may examine any question relating to 
the application of this Regulation submitted to it by its 
chairman either on his own initiative or at the request of 
the representative of a Member State. 
Article 7 
The Commission shall, after consulting the Committee, 
adopt the provisions necessary for the application of this 
Regulation. 
The representative of the Commission shall submit to the 
Committee a draft of the measures to be taken. The 
Committee shall deliver its opinion on the draft, within a 
time limit which the chairman may lay down according 
to the urgency of the matter, if necessary by taking a 
vote. 
The opinion shall be recorded in the minutes; in 
addition, each Member State shall have the right to ask 
to have its position recorded in the minutes. 
The Commission shall take the utmost account of the 
opinion delivered by the Committee. It shall inform the 
Committee of the manner in which its opinion has been 
taken into account. 
Article 8 
This Regulation shall enter into force on the third day 
following that of its publication in the Official Journal of 
the European Communities. 
It shall apply from 1 January 1993. 
This Regulation shall be binding in its entirety and 
directly applicable in all Member States.