Proposal for a COUNCIL REGULATION (EC) amending Regulations (EC) Nos 3285/94 and 519/94 with respect to the uniform Community surveillance document
Date: 1995-10-06
Institutions: European Commission
Subjects: customs document, form, import policy, market supervision, quantitative restriction, simplification of formalities

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels,  06.10.1995 
COM(95) 459  final 

95/0241  (ACC) 

Proposal  for  a 
COUNCIL  REGULATION  (EC) 
amending  Regulations  (EC) Nos  3285/94  and  519/94 
with  respect  to the uniform  Community  surveillance  document 

(presented  by  the  Commission) 

Explanatory  Memorandum 

Council Regulation  (EC) No 3285/94 of 22 December  1994 on the common rules for  imports 
and  repealing  Regulation  (EC)  No  518/94(1),  and  Council  Regulation  (EC)  No  519/94  of 
7 March  1994  on  common  rules  for  imports  from  certain  third  countries  and  repealing 
Regulations  (EEC)  Nos  1765/82,  1766/82  and  3420/83(2),  established  a  common  import 
document  for  use in cases of prior Community  surveillance.  The model  for  the  surveillance 
document, which is identical for both the Regulations, appears in Annex I to Regulation  (EC) 
No  3285/94  and  in  Annex  IV to Regulation  (EC) No  519/94. 

the 

interests  of  good  administrative  management  and 

to  assist  Community 
In 
operators,  it  is proposed  that  the  layout  and  content  of  the  import  document  in  question  be 
in 
aligned  as  far  as  possible  on  the  common 
in 
Commission  Regulations 
Commission  Recommendation  3118/94/ECSC(6). 

licence  forms  provided  for 
(EC)  Nos  3168/94(3),  3169/94(4)  and  1150/95(5)  and 

import 

A proposal  for  a Regulation  to  achieve this is being  put  to the  Council  for  aproval. 

(i) 

(2) 

(3) 

(4) 

(5) 

(6) 

O J N o L 3 4 9,  31.12.1994,  p. 53. 
O J N o L 6 7,  10.3.1994,  p. 89. 
OJ No L  335, 23.12.1994,  p. 23. 
OJ  No  L 335, 23.12.1994,  p. 33. 
O J N oL  116, 23.5.1995, p. 3. 
O J N o L 3 3 0,  21.12.1994,  p. 6. 

Proposal  for  a 
COUNCIL  REGULATION  ŒC) 
amending  Regulations  (EC) Nos  3285/94  and  519/94 
with  respect to the uniform  Community  surveillance  document 

THE  COUNCIL  OF  THE EUROPEAN  UNION, 

Having  regard  to  the  Treaty  establishing  the  European  Community,  and  in  particular 
Article  113 thereof, 

Having  regard  to the  proposal  from  the  Commission, 

Whereas  Council  Regulation  (EC) No  3285/94  of  22 December  1994  on the  common  rules 
for  imports  and  repealing  Regulation  (EC)  No  518/94(1)  and  Council  Regulation  (EC) 
No  519/94  of  7 March  1994  on  common  rules  for  imports  from  certain  third  countries  and 
repealing  Regulations  (EEC)  Nos  1765/82,  1766/82  and  3420/83(2),  as  last  amended  by 
Regulation  (EC)  No  839/95(3),  established  a  common  import  document  for  use  in  cases  of 
prior  Community  surveillance;  whereas  the  model  for  the  surveillance  document,  which  is 
identical  for both the Regulations, appears in Annex  I to Regulation  (EC) No  3285/94 and in 
Annex  IV to Regulation  (EC)  No  519/94; 

in 

the 

interests  of  good 

to  assist 
Whereas, 
Community  operators,  it  is proposed  that  the  layout  and  content  of the  import  document  in 
question  be  aligned  as  far  as  possible  on  the  common  import  licence  forms  provided  for 
in  Commission  Regulations  (EC)  Nos  3168/94(4),  3169/94(5)  and  1150/95(6),  and 
in 
Commission  Recommendation  3118/94/ECSC(7); 

administrative  management 

and 

Whereas  under  the  current  arrangements  applications  for  import  documents  must  be  made 
using  a special  form  which  itself  fulfils  the function  of  an import  document  once  completed 
and  authenticated  by  the  competent  national  authorities;  whereas  in  order  to  simplify  the 
formalities  which importers must complete it should no longer be required that an application 
for  an  import  document  be  made using  a form  specially  intended  for  that  purpose;  whereas 
the information  which  must be  given  in the application  for  an  import  document,  which  may 
now  follow  any  pattern,  must  nevertheless  be  specified; 

Whereas transitional  arrangements should be made for Community  import documents already 
issued  by  the  Member  States before  the  date  of  application  of  this  Regulation, 

(1)  OJ  No L  349,  31.12.1994,  p. 53. 
O J N oL  67,  10.3.1994,  p. 89. 
O J N oL  85,  19.4.1995,  p. 9. 
OJ No  L  335, 23.12.1994,  p. 23. 
OJ  NoL  335, 23.12.1994,  p. 33. 
O J N oL  116, 23.5.1995,  p. 3. 
(7)  O J N oL  330,  21.12.1994,  p. 6. 

HAS  ADOPTED  THIS  REGULATION: 

Article 1 

Regulation  (EC) No  3285/94  is amended  as  follows: 

1.  Article  12(2)  is replaced  by  the  following; 

"2.  The  import  document  shall  be  made  out  on  a form  corresponding  to the model  in 

Annex  I. 

Except  where  the  decision  to  impose  surveillance  provides  otherwise,  the 
declaration  by  the  importer  shall  contain  only  the  following: 

(a) 

the  full  name  and  address  of  the  applicant  (including  telephone  and  fax 
numbers  and  any  number  identifying  the  applicant  to  the  competent  national 
authorities),  plus  the  applicant's  VAT  registration  number  if  he  is  liable  for 
VAT; 

(b)  where  appropriate,  the  full  name  and  address  of  the  declarant  or  of  any 
representative  appointed  by  the  applicant  (including  telephone  and  fax 
numbers); 

(c)  a description  of  the goods  giving: 

their  trade  name; 
their  Combined  Nomenclature  code; 
their  place  of  origin  and  place  of  consignment; 

(d) 

the quantity declared, in kilograms and, where appropriate, any other additional 
unit  (pairs,  items,  etc.); 

(e) 

the value  of  the  goods,  cif  at  Community  frontier,  in  ecus; 

(f) 

the following  statement, dated and signed by the applicant, with the applicant's 
name  spelt  out  in  capital  letters: 

"I, the undersigned,  certify  that the information  provided  in this application  is 
true  and  given  in  good  faith,  and  that  I am  established  in  the  Community." 

2.  Article  14(2)  is replaced  by  the  following: 

"2.  Article  12(2)  shall  apply." 

3.  Annex  I  is replaced  by  Annex  I hereto. 

Article  2 

Regulation  (EC) No  519/94  is amended  as  follows: 

1.  Article  10(2)  is replaced  by  the  following: 

"2.  The  import  document  shall  be  made  out  on  a form  corresponding  to the  model  in 

Annex  IV. 

Except  where  the  decision  to  impose  surveillance  provides  otherwise,  the 
declaration  by  the  importer  shall  contain  only  the  following: 

(a) 

the  full  name  and  address  of  the  applicant  (including  telephone  and  fax 
numbers  and  any  number  identifying  the  applicant  to  the  competent  national 
authorities),  plus  the  applicant's  VAT  registration  number  if  he  is  liable  for 
VAT; 

(b)  where  appropriate,  the  full  name  and  address  of  the  declarant  or  of  any 
representative  appointed  by  the  applicant  (including  telephone  and  fax 
numbers); 

(c)  a description  of the  goods  giving: 

their  trade  name; 
their  Combined  Nomenclature  code; 
their  place  of  origin  and  place  of  consignment; 

(d) 

the quantity declared, in kilograms and, where appropriate, any other additional 
unit  (pairs,  items,  etc.); 

(e) 

the value  of  the  goods,  cif  at  Community  frontier,  in  ecus; 

(f) 

the following  statement, dated and signed by the applicant, with the applicant's 
name  spelt  out  in  capital  letters: 

"I, the undersigned,  certify  that the information  provided  in this application  is 
true  and  given  in  good  faith,  and that  I  am  established  in  the  Community." 

2.  Article  13(2)  is  replaced  by  the  following: 

"2.  Article  10(2)  shall  apply." 

3.  Annex  IV  is replaced  by  Annex  II  hereto. 

Article 3 

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 with effect  from  1 January  1996.  However,  import documents issued  before 
that  date  may  be  used  until  the  date  of  their  expiration  and  until  31 December  1996,  at 
the latest. 

This Regulation shall be binding in its entirety and directly applicable in all Member States. 

Done at Brussels, 

For the Council 
The President 

EUROPEAN  COMMUNITY 

1. Consignee  (name, full address, country. 

VAT .lumber) 

ANNEX 1 

" Annex I 

SURVEILLANCE DOCUMENT 

2. Issue number 

3.  Proposed place and date of import 

4. Authority  responsible for issue 

(name, address and telephone No) 

o. 
o 
o 

« 

"o 
X 

5. Declarant/representative as applicable 

(name and full  address) 

6. Country of origin 

(and  geonomenclature  code) 

7. Country of consignment 

(and geonomenclature code) 

8.  Last  day of validity 

9. Description of goods 

10.  CN code 

11.  Quantity  in kilograms (net mass) 

12.  Value in ecus, cif at Community  frontier 

13.  Additional  remarks/additional  units 

14.  Competent  authority's  endorsement 

Oate: 

Signaitro : 

Stamp 

EUROPEAN  COMMUNITY 

SURVEILLANCE DOCUMENT 

1.  Consignee  (name,  fufl  address, country. 

VAT  number) 

2.  Issue  number 

3.  Proposed  place and date of  import 

4.  Authority  responsible  for issue 

(name,  address  and telephone No) 

S.  Oedarant/representative  as applicable 

(name  and full  address) 

6.  Country  of  origin 

(and  geonomenclature  code) 

7.  Country  of  consignment 

(and  geonomenclature  code) 

8.  Last  day of validity 

o 

3 
a 
OJ 
c 
3 
«0 
JO 
O 
JZ 

a. 
o 
O 

9.  Description  of  goods 

10.  CN code 

11.  Quantity  in kilograms  (net  mass) 

12.  Value  in ecus,  cif  at Community  frontier 

13.  Additional  remarks/additional  units 

14.  Competent  authority's  endorsement 

Date: 

Signature 

Stamp 

EUROPEAN  COMMUNITY 

1. Consignee (name, full address, country. 

VAT number) 

ANNEX II 

"Annex IV 

SURVEILLANCE DOCUMENT 

2. Issue number 

3.  Proposed place and date of import 

4. Authority  responsible  for issue 

(name, address and telephone No) 

CL 
O 
O 

« 

O 
X 

5. Declarant/representative as applicable 

(name  and full  address) 

6. Country of origin 

(8nd geonomenclature  code) 

7. Country  of consignment 

(and  geonomenclature  code) 

8.  Last  day of  validity 

9.  Description  of goods 

10. CN code 

11.  Quantity  in kilograms (net mass) 

12.  Value in ecus, cif at Community  frontier 

13.  Additional  remarks/additional  units 

14. Competent  authority's  endorsement 

Oate ; 

EUROPEAN  COMMUNITY 

SURVEILLANCE DOCUMENT 

1.  Consignee  (name,  fun address, country. 

VAT  number) 

2  Issue  number 

3. Proposed place and date of import 

4.  Authority  responsible  for  issue 

(name,  address  and  telephone  No) 

5.  Oedarant/representative  as  applicable 

(name  and  full  address) 

6. Country of origin 

(and  geonomenclature  code) 

7.  Country  of  consignment 

(and  geonomenclature  code) 

8.  Last  day  of  validity 

o 
JE 
3 
a 
o> 
c 
3 
jo 
o 
x: 

a. 
o o 

9.  Description  of  goods 

10.  CN  code 

\ \.  Quantity in kilograms (net mass) 

12. Value in ecus, cif at Community  frontier 

13. Additional remarks/additional units 

14.  Competent  authority's  endorsement 

Date : 

Ston?iur<; : 

Siamp 

10 

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