98/697/EC: Commission Decision of 25 November 1998 extending the prohibition on the use of the comprehensive guarantee for certain external Community transit operations introduced by Decision 96/743/EC (notified under document number C(1998) 3443) (Text with EEA relevance)
Date: 1998-11-25
Institutions: European Commission
Subjects: Union transit, common tariff policy, customs fraud, customs regulations, market protection

8. 12. 98

EN

Official Journal of the European Communities

L 332/19

COMMISSION DECISION

of 25 November 1998

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

(notified under document number C(1998) 3443)

(Text with EEA relevance)

(98/697/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

Having regard to Council Regulation (EEC) No 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 1677/98 (4), and in
particular Article 362 thereof,

Whereas under Article 362(1) of Regulation (EEC) No
2454/93, use of the comprehensive guarantee may be
temporarily prohibited, at the request of one or more
Member States, for goods presenting an increased risk of
fraud;

Whereas the Commission has to determine at least once a
year whether there are grounds for maintaining the meas-
ures adopted under Article 362(1) of Regulation (EEC) No
2454/93;

Whereas under Commission Decision 96/743/EC of 9
December 1996 on the adoption of specific measures to
temporarily prohibit the use of the comprehensive guar-
antee for certain external Community transit opera-
tions (5), as amended by Decision 97/583/EC (6) and
extended by Decision 98/7/EC (7),
the Commission
decided temporarily to prohibit the use of the compre-
hensive guarantee in such operations in respect of cigar-
ettes of HS subheading 2402 20 and certain goods listed

in the Annex to the Decision, which present an increased
risk of fraud;

Whereas the protection of the financial interests at risk in
those operations makes it necessary to maintain the same
measures for a further period of 12 months, for Common
transit as for Community transit,
in order to ensure
maximum effectiveness;

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

HAS DECIDED AS FOLLOWS:

Article 1

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

Article 2

This Decision shall apply from 1 January 1999.

Article 3

This Decision is addressed to the Member States.

Done at Brussels, 25 November 1998.

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 212, 30. 7. 1998, p. 18.
(5) OJ L 338, 28. 12. 1996, p. 105.
(6) OJ L 237, 28. 8. 1997, p. 41.
(7) OJ L 2, 6. 1. 1998, p. 11.