Council Directive 81/177/EEC of 24 February 1981 on the harmonization of procedures for the export of Community goods
Official Journal L 083 , 30/03/1981 P. 0040 - 0047
Spanish special edition: Chapter 02 Volume 7 P. 0253
Portuguese special edition Chapter 02 Volume 7 P. 0253
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COUNCIL DIRECTIVE
OF 24 FEBRUARY 1981
ON THE HARMONIZATION OF PROCEDURES FOR THE EXPORT OF COMMUNITY GOODS
( 81/177/EEC )
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY , AND IN PARTICULAR ARTICLE 100 THEREOF ,
HAVING REGARD TO THE PROPOSAL FROM THE COMMISSION ,
HAVING REGARD TO THE OPINION OF THE EUROPEAN PARLIAMENT ( 1 ) ,
HAVING REGARD TO THE OPINION OF THE ECONOMIC AND SOCIAL COMMITTEE ( 2 ) ,
WHEREAS THE COMMUNITY IS BASED UPON A CUSTOMS UNION ;
WHEREAS , WITHOUT PREJUDICE TO THE TRANSITIONAL MEASURES LAID DOWN IN TITLE I , CHAPTER 1 , OF PART FOUR OF THE 1972 ACT OF ACCESSION , THE ESTABLISHMENT OF THE CUSTOMS UNION IS GOVERNED IN THE MAIN BY TITLE I , CHAPTER 1 , OF PART TWO OF THE TREATY ; WHEREAS THAT CHAPTER CONTAINS A SERIES OF SPECIFIC PROVISIONS DEALING WITH THE ELIMINATION OF CUSTOMS DUTIES BETWEEN MEMBER STATES , THE ESTABLISHMENT AND PROGRESSIVE INTRODUCTION OF THE COMMON CUSTOMS TARIFF AND THE AUTONOMOUS ALTERATION OR SUSPENSION OF THE DUTIES OF THE LATTER ;
WHEREAS , WHILE ARTICLE 27 OF THE TREATY PROVIDES THAT MEMBER STATES SHALL , BEFORE THE END OF THE FIRST STAGE , IN SO FAR AS MAY BE NECESSARY , TAKE STEPS TO APPROXIMATE THEIR PROVISIONS LAID DOWN BY LAW , REGULATION OR ADMINISTRATIVE ACTION RELATING TO CUSTOMS MATTERS , IT DOES NOT EMPOWER THE COMMUNITY INSTITUTIONS TO ISSUE BINDING PROVISIONS IN THAT FIELD ; WHEREAS , HOWEVER , A THOROUGH EXAMINATION UNDERTAKEN JOINTLY WITH THE MEMBER STATES HAS SHOWN THE NEED IN CERTAIN FIELDS FOR DECISION , BY BINDING ACTS OF THE COMMUNITY , UPON MEASURES ESSENTIAL FOR THE INTRODUCTION OF CUSTOMS ARRANGEMENTS WHICH WILL ENSURE UNIFORM APPLICATION OF THE VARIOUS COMMUNITY PROVISIONS GOVERNING TRADE BETWEEN THE COMMUNITY AND THIRD COUNTRIES ;
WHEREAS THE PROCEDURAL RULES LAID DOWN BY LAW , REGULATION OR ADMINISTRATIVE ACTION IN THE MEMBER STATES RELATING TO THE EXPORT OF GOODS ARE FRAMED MAINLY IN THE LIGHT OF NATIONAL INTERESTS ; WHEREAS THEY DO NOT ALWAYS TAKE SUFFICIENT ACCOUNT OF THE REQUIREMENTS OF THE CUSTOMS UNION ON WHICH THE COMMUNITY IS BASED ;
WHEREAS THESE PROVISIONS ALSO SHOW CONSIDERABLE DISPARITIES IN CERTAIN CASES , WHICH RESULT IN THE APPLICATION , UNDER DIFFERING CONDITIONS , OF EXPORT DUTIES OF THE OTHER COMMUNITY PROVISIONS TO WHICH THE EXPORT OF COMMUNITY GOODS FROM THE CUSTOMS TERRITORY OF THE COMMUNITY MAY GIVE RISE ; WHEREAS THE RESULTING DISTORTIONS OF TREATMENT FOR COMMUNITY EXPORTERS , DEPENDING ON THE MEMBER STATE IN WHICH THE CUSTOMS CLEARANCE FORMALITIES ARE CARRIED OUT , MAY LEAD TO DEFLECTIONS OF TRADE AND ARTIFICIAL MOVEMENT OF ACTIVITIES ;
WHEREAS THESE PROVISIONS DIRECTLY