98/7/EC: Commission Decision of 16 December 1997 extending the prohibition on the use of the comprehensive guarantee for certain external Community transit operations introduced by Decision 96/743/EC (Text with EEA relevance)
Date: 1997-12-16
Institutions: European Commission
Subjects: Union transit, agricultural product, alcoholic beverage, animal product, customs regulations, tobacco industry

6. 1. 98

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EN

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Official Journal of the European Communities

L 2/11

II

(Acts whose publication is not obligatory)

COMMISSION

COMMISSION DECISION
of 16 December 1997
extending the prohibition on the use of the comprehensive guarantee for certain
external Community transit operations introduced by Decision 96/743/EC

(Text with EEA relevance)

(98/7/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

Having regard to Council Regulation (EEC) 2913/92 of 12
October 1992 establishing the Community Customs
Code (1), as last amended by Regulation (EC) No 82/97 of
the European Parliament and of the Council (2), and in
particular Article 249 thereof,

Having regard to Commission Regulation (EEC) No
2454/93 of 2 July 1993 laying down provisions for the
implementation of Council Regulation (EEC) No 2913/92
establishing the Community Customs Code (3), as last
amended by Regulation (EC) No 1427/97 (4), and in par-
ticular Article 362 thereof,

Whereas under Article 362 of Regulation (EEC) No
2454/93, use of the comprehensive guarantee for goods
presenting an increased risk of fraud may be temporarily
prohibited at the request of one or more Member States;

Whereas the Commission has to decide at least once a
year whether there is good reason to maintain the Article
362 (1) measures in force;

Whereas under Commission Decision 96/743/EC of 9
December 1996 on the adoption of specific measures to
the comprehensive
the use of
temporarily prohibit
guarantee for certain external Community transit opera-
tions (5), as amended by Decision 97/583/EC of 28 July
1997 (6), the Commission decided temporarily to prohibit
the use of the comprehensive guarantee for cigarettes of

HS subheading 2402.20 and certain high-risk goods listed
in the Annex to the Decision when they are carried under
the external Community transit procedure;

Whereas the protection of the financial interests at risk in
those operations makes it necessary to maintain the same
measures for Common transit as for Community transit
in order to ensure maximum effectiveness;

Whereas the measures provided for in this Decision are in
accordance with the opinion of
the Customs Code
Committee,

HAS DECIDED AS FOLLOWS:

Article 1

The measures
by Commission Decision
96/743/EC shall be extended for a further period of 12
months.

adopted

This Decision shall apply from 1 January 1998.

Article 2

This Decision is addressed to the Member States.

Article 3

Done at Brussels, 16 December 1997.

For the Commission

Mario MONTI

Member of the Commission

(1) OJ L 302, 19. 10. 1992, p. 1.
(2) OJ L 17, 21. 1. 1997, p. 1.
(3) OJ L 253, 11. 10. 1993, p. 1.
(4) OJ L 196, 24. 7. 1997, p. 31.
(5) OJ L 338, 28. 12. 1996, p. 105.
(6) OJ L 237, 28. 8. 1997, p. 41.