No C 241/6 Official  Journal  of the  European  Communities 26. 9. 79 
II 
(Preparatory  Acts) 
COMMISSION 
Proposal  for  a Council  Regulation  amending  for  the  second  time  Regulation  (EEC) 
No 222/77  on Community  transit 
(Submitted  by the Commission  to the Council  on 12 September  1979) 
THE  COUNCIL  OF THE  EUROPEAN 
COMMUNITIES, 
Having  regard  to  the  Treaty  establishing  the 
European  Economic  Community,  and  in particular 
Article  235  thereof, 
Having  regard  to the proposal  from  the Commission, 
Having  regard  to the  opinion  of the  European  Par-
liament, 
Having  regard  to the  opinion  of the  Economic  and 
Social  Committee, 
Whereas  experience  over  several  years  of  the 
application  of the  Community  transit  procedure 
established  by  Council  Regulation  (EEC)  No 
542/69  Q, and  consolidated  by Regulation  (EEC) 
No 222/77  (2), as amended  by Regulation  (EEC)  No 
983/79  (3), has  revealed  that  certain  formalities 
required  by  that  procedure  can  be  made  more 
flexible; 
Whereas  placing  under  the  external  Community 
transit  procedure  goods  that  are  the  subject  of 
Community  measures  necessitating  their  definitive 
exportation  to  third  countries  will  make  for 
simplification  of control  procedures  and  reduce  the 
risk of irregularities; 
(')OJNoL77,  29. 3. 1969,  p. 1. 
C)OJNoL  38, 9. 2. 1977,  p. 1. 
(3) OJ No L 123,  19. 5. 1979,  p. 1 Whereas,  where  the time  limit  prescribed  by the office 
of departure  is not  met  on account  of exceptional 
circumstances  which  are  satisfactorily  explained,  it 
must  be possible  for  the  principal  to be deemed  to 
have  fulfilled  his obligations; 
Whereas  a greater  measure  of flexibility  can  be 
introduced  in respect  of the guarantee  arrangements, 
given  the present  small  risk  of non-recovery  of duties 
and other  charges; 
Whereas,  in addition,  automatic  exemption  from  the 
guarantee  arrangements  for goods  moving  under  the 
internal  Community  transit  procedure,  with  the 
exception  of those  subject  to high  levels  of charges, 
would  be a significant  step  towards  achieving  free 
movement  of goods  within  the Community; 
Whereas  steps  should  be taken  to ensure  that  the 
guarantor  is not  kept  uninformed  indefinitely  of the 
action  taken  in respect  of notifications  of the  non-
discharge  of transit  documents  addressed  to him; 
whereas  it is important,  therefore,  that  he should  also 
be released  from  his obligations  once  a given  period 
has elapsed  without  any  request  for  payment  being 
forthcoming; 
Whereas  experience  has  shown  that  transit  advice 
notes  have  proved  rather  ineffective  as documents  for 
determining  the place  at which  the offence  or irregu-
larity  took  place;  whereas  the  obligation  to present 
transit  advice  notes  can,  therefore,  be restricted  to 
cases  in which  the  goods  in question  leave  the 
territory  of the Community  in the course  of a transit 
operation;  whereas,  in all other  cases,  the  use  of 
transit  advice  notes  can  be  discontinued  without 
giving  rise  to difficulty  provided  Member  States  take 
26. 9. 79 Official  Journal  of the  European  Communities No C 241/7 
any action  necessary  to impose  effective  penalties  in 
respect  of the  failure  to produce  consignments  at the 
office  of destination  where  it is not  possible  to 
determine  the  place  at which  that  offence  or irregu-
larity  was  committed  or is presumed  to have  been 
committed; 
Whereas  goods  transported  by sea  and  then  by land 
or inland  waterway  under  a single  contract  of 
carriage  should  be  placed  under  the  Community 
transit  procedure  at their  first  place  of departure; 
Whereas  experience  has  shown  that  it would  be useful 
to extend  the  procedure  laid  down  for  applying 
certain  articles  of Regulation  (EEC)  No  222/77  by 
means  of measures  submitted  to  the  Community 
Transit  Committee  to all the articles  of the said  Regu-
lation, 
HAS  ADOPTED  THIS  REGULATION: 
Article  1 
Regulation  (EEC)  No  222/77  is hereby  amended  as 
follows: 
(a) Article  1 (2)  (b)  shall  be  replaced  by  the 
following: 
'(b) goods  which,  though  satisfying  the 
conditions  laid  down  in Articles  9 and  10 of 
the Treaty  establishing  the  European 
Economic  Community  are  the  subject  of a 
Community  measure  necessitating  their 
exportation  to third  countries  and  for  which 
the relevant  customs  export  formalities  have 
been  carried  out;  the  Commission  shall,  in 
accordance  with  the  procedure  referred  to in 
Article  57,  determine  the  cases  in which  this 
provision  is to apply.' 
(b) Article  1 (3)  (b)  shall  be  replaced  by  the 
following: 
'(b) goods  coming  under  the  Treaty  establishing 
the European  Coal  and  Steel  Community 
which  under  the  terms  of that  Treaty  are  in 
free circulation  within  the  Community  and 
which  are  hereinafter  referred  to  as 
"Community  goods".' 
(c) Article  7(1)  shall  be replaced  by the following: 
'1. In  derogation  from  Article  1,  the 
Community  transit  procedure  shall  not  apply  to 
the carriage  of goods  under  cover  of TIR  carnets 
(TIR  Convention)  or the  Rhine  Manifest  (Article 
9 of the  revised  Convention  for  the  navigation  of 
the Rhine)  on condition  that  carriage  of goods 
began  or is to end  outside  the Community.' (d) The  second  subparagraph  of Article  7 (3) shall  be 
replaced  by the following: 
'The  internal  Community  transit  document  shall 
bear  a reference  to the  procedure  and  document 
used.' 
(e) Article  15 shall  be deleted. 
(f) Article  22 (1) shall  be replaced  by the following: 
'1. The  carrier  shall  give  a transit  advice  note: 
(a) to each  office  of transit  within  the  meaning  of 
the second  indent  of Article  11 (d); 
(b) to the  office  of transit  at the  point  of entry 
into the  Community  when  the  goods  have 
been  in the territory  of a third  country. 
The design  of the  transit  advice  note  shall  be 
determined  in accordance  with  the  procedure  laid 
down  in Article  57.' 
(g) The  following  paragraph  shall  be  added  to 
Article  26: 
'3. Where  the  goods  are  produced  at the office 
of destination  after  expiry  of the  time  limit  pres-
cribed  by the  office  of departure  and  where  this 
failure  to comply  with  the  time  limit  is due  to 
exceptional  circumstances  which  are  explained  to 
the satisfaction  of the  office  of destination  and 
which  are  beyond  the  control  of the  carrier  and 
the principal,  the  latter  shall  be deemed  to have 
complied  with  the time  limit  prescribed.' 
(h) The  following  paragraphs  shall  be  added  to 
Article  27: 
'4. In  derogation  from  paragraph  1,  the 
principal  may  be relieved  of the  obligation  to 
furnish  a guarantee  where  the  risk  of non-
recovery  of duties  or other  charges  which  may  be 
chargeable  is minimal. 
5. The  provisions  necessary  for  the  application 
of paragraph  4 shall  be adopted  in accordance 
with  the procedure  laid  down  in Article  57.' 
(i) The  second  paragraph  of Article  35  shall  be 
replaced  by the following: 
'When  the  guarantor  has  not  been  notified  by the 
competent  customs  authorities  of the  Member 
State  of departure  of the  non-discharge  of the  Tl 
document,  he  shall  be  released  from  his 
obligations  on the  expiration  of a period  of 12 
months  from  the  date  of registration  of the  Tl 
declaration.' 
(j) The  following  paragraph  shall  be  added  to 
Article  35: 
'When,  within  the  period  provided  for  in the 
second  paragraph,  the  guarantor  has  been 
No C 241/8 Official  Journal  of the  European  Communities 26. 9. 79 
notified  by the competent  customs  authorities  of 
the non-discharge  of the Tl document,  he must, 
in addition,  be informed  that  he is or may  be 
liable  to pay  the amounts  for which  he is liable  in 
respect  of the  Community  transit  operation  in 
question.  This  notification  must  reach  the 
guarantor  not later  than  three  years  after  the date 
of registration  of the  Tl declaration.  Where  no 
such notification  has been  made  before  the expiry 
of the  aforementioned  time  limit,  the guarantor 
shall  likewise  by released  from  his obligations.' 
(k) The  following  paragraphs  shall  be added  to 
Article  36: 
'3. (a) When,  in  the  case  referred  to  in 
paragraph  2 (d),  the presumption  referred 
to cannot  be applied,  the offence  or irregu-
larity  involving  non-production  of the con-
signment  shall  be deemed  to have  taken 
place: 
— in the Member  State  of departure,  or 
— if the principal  produces  proof  that  the 
consignment  has  been  exported  from 
that Member  State  in accordance  with 
the rules:  in the  first  Member  State 
which,  according  to the  particulars 
shown  on the  transit  document,  the 
consignment  had  to enter. 
(b) Member  States  shall  take  all measures 
necessary  to impose  effective  penalties  in 
respect  of the  offence  or irregularity 
referred  to in (a). 
(c) They  shall  notify  the Commission  of the 
measures  provided  for in subparagraph  (b) 
not later  than  one  month  after  their 
adoption. 
4. Without  prejudice  to the  joint  and  several 
obligations  of the principal  and  his guarantor  to 
pay the  duties  or other  charges  which  may  be 
chargeable  in the event  of an offence  or irregu-
larity  being  committed,  Member  States  shall  take 
all measures  necessary  to enable  them  to recover 
the duties  or other  charges  from  any  person  who 
can be identified  as being  responsible  for  the 
offence  or irregularity  or as benefiting  in any  way 
whatsoever  from  that  offence  or irregularity.  To 
the extent  that,  in  accordance  with  this 
paragraph,  the  duties  or other  charges  are 
recovered  from  a person  or persons  other  than 
the principal,  the latter  and  his guarantor  shall  be 
released  from  their  obligations. 
Member  States  shall  notify  the Commission  of 
the measures  provided  for  in the  preceding 
subparagraph  not later  than  one  month  after  their 
adoption.' (1) Article  40 shall  be replaced  by the following: 
!Article  40 
1. Without  prejudice  to  any  guarantee 
exemptions  that  may  be  granted  under  the 
provisions  of Article  27 (4) and  (5),  the principal 
shall  be exempt  from  the obligation  to furnish  a 
guarantee  in the case  of goods  which  are to be 
carried  under  the  internal  Community  transit 
procedure,  unless  they  are  goods  which  appear 
on a list to be drawn  up in accordance  with  the 
procedure  laid  down  in Article  57. 
2. The  list  referred  to in paragraph  1 shall 
contain  only  those  goods  which  present  increased 
risks  because  of the high  taxes  and  other  charges 
to which  they  are subject.' 
(m) Article  41 shall  be replaced  by the following: 
'Article  41 
1. Goods  referred  to in Article  1 (3) (a) and 
(b) in respect  of which  export  formalities  are 
carried  out  at a frontier  customs  office  of the 
exporting  Member  State  and  which  are  to be 
placed,  at  the  office  of  entry  into  the 
neighbouring  Member  State,  under  a customs 
procedure  other  than  transit  need  not  be placed 
under  the Community  transit  procedure. 
In such  case,  the only  particulars  which  need  to 
be given  on the T2 declaration  are those  required 
for export  purposes  by the provisions  laid  down 
by law,  regulation  or administrative  provision  in 
the Member  State  of departure. 
2. The  customs  office  of export  shall  endorse  a 
copy  of the T2 declaration  and  return  it to the 
exporter  or his representative.  The  endorsed  copy 
must  be delivered  to the office  of entry  where  the 
goods  must  be placed  under  a customs  procedure 
other  than  transit. 
3. The  provisions  of paragraph  1 shall  not 
apply: 
— when  goods  cross  an internal  frontier  within 
the meaning  of the  second  subparagraph  of 
Article  11 (g); 
— when  goods  are  subject  to Community 
measures  entailing  control  of their  use  or 
destination.' 
(n) Article  42 (2) shall  be replaced  by the following: 
'2. The  provisions  of Articles  19 (2) and  (3), 
21, 22 and  41 shall  not  apply  to the carriage  of 
goods  by rail.' 
26. 9. 79 Official  Journal  of the  European  Communities No C 241/9 
(o) Article  44 (2) shall  be replaced  by the following: 
'2. The  provisions  of paragraph  1 shall  not 
apply: 
— when  the  goods  are  subject  to Community 
measures  entailing  control  of their  use  or 
destination,  or 
— when  the  transport  of the goods  by sea,  under 
a single  contract  of  carriage,  is to  be 
followed,  beyond  the  port  of unloading,  by 
transport  by land  or inland  waterway  under  a 
transit  procedure  except  when  transport 
beyond  that  port  is to  be  effected,  in 
pursuance  of Article  7 (2),  under  the  Rhine 
Manifest  procedure.' scheduled  or  charter  air  services  in Member 
States.' 
(q) The  second  subparagraph  of Article  51 (2)  shall 
be deleted. 
(r) Article  57  (1)  (a)  shall  be  replaced  by  the 
following: 
'(a) for  the  application  of the  provisions  of this 
Regulation;' 
(s) The  last  subparagraph  of Article  57 (1)  shall  be 
deleted. 
(p) Article  45 (2) shall  be replaced  by the following: 
'2. In  cases  where  a Community  transit 
procedure  is used  for  carriage  effected  wholly  or 
partly  by air,  no guarantee  need  be furnished  to 
cover  the  air  portion  of the  journey  of goods 
carried  by  companies  authorized  to  operate Article  2 
This  Regulation  shall  enter  into  force  on 1 January 
1981. 
This  Regulation  shall  be binding  in its entirety  and 
directly  applicable  in all Member  States.