UNNECESSARILY REQUIRES TRADERS TO HAVE RECOURSE TO LICENSED CUSTOMS AGENTS TO CARRY OUT CUSTOMS FORMALITIES WHEREAS IN ITS VIEW IT OUGHT TO BE POSSIBLE FOR SUCH FORMALITIES TO BE CARRIED OUT BY ANYONE APPOINTED BY THE OWNER ACTING IN HIS NAME AND ON HIS BEHALF . THIS REQUIREMENT UNNECESSARILY ADDS TO COSTS AND IS AN OBSTACLE TO TRADE ;
( B)SECONDLY IT ALLEGES EVEN IF THE SECOND PARAGRAPH OF ARTICLE 56 OF THE CODE HAS TO BE INTERPRETED AS ALLOWING THE OWNER OF GOODS TO APPOINT PERSONS OTHER THAN PROFESSIONAL AGENTS OR EMPLOYEES TO MAKE THE DECLARATION FOR HIM , SUCH PERSONS COULD NOT ACT IN THE NAME AND ON BEHALF OF THE OWNER BUT ONLY IN THEIR OWN NAME AND ON THEIR OWN RESPONSIBILITY WHICH MEANS THAT THAT SOLUTION IS HARDLY PRACTICAL ;
( C)FINALLY IT TAKES THE VIEW THAT BY REQUIRING THE CUSTOMS AGENT TO HAVE A RESIDENCE IN A COMMUNE IN THE DISTRICT IN WHICH HE IS AUTHORIZED TO ACT , THE FOURTH PARAGRAPH OF ARTICLE 47 GIVES HIM THE STATUS OF AGENT OR REPRESENTATIVE IN THE TERRITORY OF THE IMPORTING MEMBER STATE WHEREAS THE REQUIREMENT OF SUCH REPRESENTATIVE IS EXPRESSLY CLASSIFIED BY ARTICLE 2 ( 3 ) ( G ) OF DIRECTIVE NO 70/50/EEC OF 22 DECEMBER 1969 ( OFFICIAL JOURNAL , ENGLISH SPECIAL EDITION 1970 ( I ), P . 17 ) AS A MEASURE HAVING AN EFFECT EQUIVALENT TO A QUANTITATIVE RESTRICTION .
11 CONSIDERATION OF THE RULES RELATING TO CUSTOMS DECLARATIONS AS LAID DOWN BY ALL THE PROVISIONS CONTAINED IN ARTICLES 40 , 43 , 44 47 AND 56 OF THE CODE SHOW THAT THE COMMISSION IS CORRECT IN STATING THAT THEY DO NOT ALLOW THE OWNER OF GOODS ' ' TO BE REPRESENTED AT THE CUSTOMS BY ANY PERSON OF HIS CHOICE WHOM HE HAS AUTHORIZED TO ACT IN HIS NAME AND ON HIS BEHALF ' ' BUT ON THE OTHER HAND THE CLAIM THAT THE OWNER CAN BE REPRESENTED ONLY BY A CUSTOMS AGENT DOES NOT TAKE FULL ACCOUNT OF THE ACTUAL SCOPE OF THE PROVISIONS IN QUESTION IF THE WORDS ' ' BE REPRESENTED ONLY ' ' ARE UNDERSTOOD AS MEANING THAT IF THE OWNER OF THE GOODS DOES NOT MAKE THE CUSTOMS DECLARATION HIMSELF , HE CAN APPOINT ONLY A CUSTOMS AGENT TO CARRY OUT THAT FORMALITY FOR HIM .
12 REGARDING THE DECLARATION TO BE MADE THE SECOND PARAGRAPH OF ARTICLE 56 PROVIDES ' ' ANYONE IS DEEMED TO BE THE OWNER OF THE GOODS WHO PRESENTS THEM FOR CUSTOMS CLEARANCE OR HAS POSSESSION OF THEM AT THE MOMENT OF ENTRY ONTO THE CUSTOMS TERRITORY OR OF EXIT FROM THAT TERRITORY . . . ' ' . BOTH DURING THE ADMINISTRATIVE STAGE OF THE PROCEEDINGS AND DURING THE WRITTEN AND ORAL PROCEDURE BEFORE THE COURT THE ITALIAN GOVERNMENT FORMALLY STATED , WITHOUT BEING CONTRADICTED ON THIS POINT BY THE COMMISSION , THAT THAT PROVISION SHOULD BE INTERPRETED AND IN FACT WAS APPLIED BY THE COMPETENT ITALIAN AUTHORITIES AS