CELEX: 51978PC0429
Language: en
Date: 1978-09-12
Title: Proposal for a COUNCIL REGULATION (EEC) on the application of Decision No 3/78 of the EEC - Austria Joint Committee - Community transit - amending Annex II to the Agreement between the European Economic Community and the Republic of Austria on the simplification of formalities for trade in goods between the European Economic Community on the one hand and Greece and Turkey on the other hand when the said goods are forwarded from Austria (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (78) 429
Vol. 1978/0164
 ---pagebreak--- Disclaimer
Conformément au règlement (CEE, Euratom) n° 354/83 du Conseil du 1er février 1983
concernant l'ouverture au public des archives historiques de la Communauté économique
européenne et de la Communauté européenne de l'énergie atomique (JO L 43 du 15.2.1983,
p. 1), tel que modifié par le règlement (CE, Euratom) n° 1700/2003 du 22 septembre 2003
(JO L 243 du 27.9.2003, p. 1), ce dossier est ouvert au public. Le cas échéant, les documents
classifiés présents dans ce dossier ont été déclassifiés conformément à l'article 5 dudit
règlement.
In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983
concerning the opening to the public of the historical archives of the European Economic
Community and the European Atomic Energy Community (OJ L 43, 15.2.1983, p. 1), as
amended by Regulation (EC, Euratom) No 1700/2003 of 22 September 2003 (OJ L 243,
27.9.2003, p. 1), this file is open to the public. Where necessary, classified documents in this
file have been declassified in conformity with Article 5 of the aforementioned regulation.
In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1.
Februar 1983 über die Freigabe der historischen Archive der Europäischen
Wirtschaftsgemeinschaft und der Europäischen Atomgemeinschaft (ABI. L 43 vom 15.2.1983,
S. 1), geändert durch die Verordnung (EG, Euratom) Nr. 1700/2003 vom 22. September 2003
(ABI. L 243 vom 27.9.2003, S. 1), ist diese Datei der Öffentlichkeit zugänglich. Soweit
erforderlich, wurden die Verschlusssachen in dieser Datei in Übereinstimmung mit Artikel 5
der genannten Verordnung freigegeben.
 ---pagebreak---  COMMISSION OF THE EUROPEAN COMMUNITIES
                                                COM(78)429 final
                                                Brussels , 12 September 1978
                               Proposal for a
                       .  COUNCIL REGULATION (EEC )
on the application of Decision No 3/78 of the EEC - Austria Joint Committee
   - Community transit - amending Annex II to the Agreement "between the
      European Economic Community and the Republic of Austria on the
       simplification of formalities for trade in goods "between the
        European Economic Community on the one hand and Greece and
             Turkey on the other hand when the said goods are
                           forwarded from Austria
                (submitted to the Council by the Commission)
COM(78) 429 final
 ---pagebreak---                  Explanatory Memorandum
Subject : Application by the Community of Decision No 3 / 78 of the
          Joint EEC-Austria Committee set up under the Agreement on
          Community transit ( O.J. No L 294 , 29.12.1972 , p. 87 )
1 . The Joint Committee recently adopted Decision No 3/ 78' amending the
    Agreement between the EEC and the Republic of Austria on the simpli­
    fication of formalities in respect of goods traded between the EEC
    on the one hand and Greece and Turkey on the other , when the said '
    goods are forwarded from Austria (O.J. No L 188 , 19.7.1975 , p.1 ).
    This Decision is designed to replace from 1 October 1978 the specimen
    of movement certificate A.TR.1 by a revised specimen .
2 . The draft decision has already been examined by the Council to establish
    a common Community position ( see Document S / 1516/ 1 /77 (A ELE)(A 31
    Rev. 1 ).
    In comparison with the text then submitted to the Council no signifi­
    cant change has been made subsequently .          r
3 . The Regulation submitted for Council adoption is to give effect
    in the Community to the amendments proposed in the second Agreement
    referred to above .
 ---pagebreak---                            Proposal for a
               Council Regulación ( EEC) NO                /78
                          of ■                             \
on the application of Decision No 3/78 of the EEC - Austria Joint Committee
- Community transit - amending Annex II to the Agreement "between the
European Economic Community and the Republic of Austria on the simplification
of formalities for trade in goods "between the European Economic Community
on the one hand and Greece and Turkey on the other hand when the said
goods are forwarded from Austria . .
THE COUNCIL OP THE EUROPEAN COMMUNITIES
                                       . '                     I
Having regard to the Treaty establishing the European Economic Community^
and in particular Article 113 thereof ,                                  '
Having regard to the proposal from the Commission ,
                                                                 «
Whereas point ( c) of Article 8(3 ) of the Agreement, "between the European
Economic Community and the Republic of Austria on the simplification of
formalities in respect of goods traded between the European Economic
Community on the one hand and Greece and Turkey on the other hand when
the said goods are forwarded from Austria ( l ), signed on 11 June 1975 1
empowers the Joint Committee set up under the Agreement between the Euro­
pean Economic Community and the Republic of Austria on the application of
the rules on Community transit ( 2 ), signed on 30 November 1972 , to issue ,
as Decisions , amendments to the Annexes to the Agreement of 11 June 1975 ;
Whereas the Joint Committee has issued amendments to Annex II of the
Agreement of 11 June 1975 by reason of the introduction , with effect from
1 October 1978 , of a new specimen of movement certificate for goods A.TR.1
used for the purposes of the Association!'. between the European Economic
Community and Turkey;                                   //
                                                       I ;
                               .           •   •      t!
                   ■'                                 η
    ■                              ' ■              lì
                                             '     il ■            .       '
                                                  Il
( 1 ) OJ No L 188 , 19.7.1975 » p. 1 .            !i
                                                  >•!
( 2) OJ No L 294, 29.12.1972 , p. 87 .            f;
                                                 t'i
                               -   .             il
                '                                1 i
                                                 ! I .
 ---pagebreak--- : Whereas this change is the subject of Decision No 3/78 of the Joint Committee
  whereas it is necessary to take the measures necessary to implement that
  Decision ,
                                                \             »
                                   \
  HAS ADOPTED THIS REGULATION: .     '
                                Artiole 1
  Decision No 3/78 of the EEC-Austria Joint Committee - Community transit -
  of 28 JulY 1978        amending Annex II to the Agreement between the Euro-/
  pean Economic Community and the Republic of Austria on the simplification
  of formalities in respect of goods traded between the European Economic
  Community on the one hand and Greece and Turkey on the other hand when the
  said goods are forwarded from Austria shall apply in the Community .
                                                      /
  The text of the Decision is annexed to this Regulation .
                             '                    !
                                Article 2
  This Regulation shall enter into force on 1 October 1978 *
  This Regulation shall be binding in its entirety and directly applicable
  in all Member States .
                                          Done at
                                          For the Council
                                                                           t
                                          The President
             !-■■■.                         \
        ■' -      '          «             I. ■
                                           ;/                t
 ---pagebreak---           DECISION No   3/ 78 OP THE EEC-AUSTRIA JOINT COMMITTEE
                            OP   28 JULY 1978
   /                        - Community transit -
               '    amending Annex II to the Agreement
                  between the European Economic Community
                        and the Republic of Austria
                 on the simplification of the formalities
                              for trade in goods
       between the European Economic Community , on the one hand ,
                 and Greece and Turkey , on the other hand
                    when the said goods are re-exported
                                 from Austria
THE JOINT COMMITTEE ,
Having regard to the Agreement between the European Economic
Community and the Republic of Austria on the simplification of
the formalities for trade in goods between the European Economic
Community on the one hand and Greece and Turkey on the other
hand when the said goods are re-exported from Austria and in
particular Article 8(3 ) ( c ) thereof ,
 ---pagebreak--- Whereas a revised specimen movement certificate A.TR.1 used in trade
between the European Economic Community and Turkey is to replace as
from 1 October 1 978 the specimen in Annex II to the Agreement ;
whereas accordingly the Annex must be replaced ,
HAS DECIDED AS FOLLOWS :
                              Sole Article
     The specimen movement certificate A.TR*1 in Annex II to the
Agreement shall be replaced with effect from 1 "October 1 978 by the
specimen annexed to this Decision.
     Forms complying with the former specimen may continue to be
used until 31 December 197 9»
                                      Done at .Brussels , 28 July 1978
                                               For the Joint Committee
                                                    The President
                                                       K, Plnqel
 ---pagebreak---                                                                                                                                  ANNEX
                                                                           MOVEMENT CERTIFICATE
                     1 . Exporter <Neme. fuit addresj.''co<Jntry)                            Ä.T&. 1             N°' Ä ' öooooo
                                                                                                  See notes overleaf before completing tills form
                                                                                       2. Transport document       (Optional )
                                                                                          No                                date ....
                     3. Consignee (Name, full address, country) {Optional)                                     ASSOCIATION
                                                                                                                  between the
                                                                                                 EUROPEAN ECONOMIC COMMUNITY
                                                                                                                       and
                                                                                                                    TURKEY
M-    '-iseM   tne                                                                     5. Country of exportation            6. Country of destination (1 )
      '/ ember
      State or
       Mirttey
\ 7 } lnse * %        7. Transport details ^Optional)                                  8. Remarks (2)
      where 90 *
      propriate
      . Compen­
      satory levy
      Turkey "
                      10. Marks and numbers; Number and kind of packages (for goods In bulk, indicate the name of the                           11 . Gross
      9. lté *"?
           ni:m-           ship or the number of the railway wagon or road vehicle); description of goods                                            weight (kg)
                                                                                                                                                     or other
           ber
                                                                                                                                                      measure
                                                                                                                                                     (hi, m1, etc.)
                       12. CUSTOMS ENDORSEMENT
                                                                                                         13. DECLARATION BY THE EXPORTER                         .
                                                                                   Stamp
                        Declaration certified                                                             I, the undersigned, declare that the goods
                                                                                                          described above meet the conditions requi­
        Comr-ete        Export document (3):                                                              red for the issue o'f this certificate.
        O^'y wncre                                           No.
        th© **;>©'•     Form
        * na cc -jr-
        fy
                        Customs office :
        ou
                        Issuing country :        –
                                                                                                          Place and date .
                        Da*e
                                                                                                                      ■ t .V > (Signatoré)
                                           (Signature)
 ---pagebreak---       14. REQUEST FOR VERIFICATION, to                                                  15. RESULT OF VERIFICATION
                                                                                                                                 '        -     I                        ,
                                                                                        Verification carried out shows that this certificate (1 )
                                                                                        □ the       was information
                                                                                                            issued by the        Customstherein
                                                                                                                            contained         Officeis indicated
                                                                                                                                                        accurate. .and thai
      Verification of the authenticity and accuracy of this certifi­
      cate is requested .
                                                                                        □ does      accuracy not meet      the requirements
                                                                                                                   (see remarks      appended).   as to authenticity and
                                         ( Place and date)                                                                  • (Place and date)
                                                                               Stamp                                                                              Stamp
                                   (Signature)
      Full address of office making the request
            ' ■ ' '        _                     '                      -v '                           -             i ( Signature)                          •  *
                                                                                        ( 1 ) insert X in the appropriate bo*.
                                 I. GOODS FOR WHICH A MOVEMENT CERTIFICATE A.TR.1 MAY BE ENDORSED
       A movemeHl certificate A. TR. 1 may be endorsed only for goods which .                       Note : The statement "Compensatory Levy Turkey" must appear on
        in the exporting State , fall within one of the following categories :                      all movement certificates A. TR. 1 for goods obtained or produced
       (a) goods producod in the exporting State , including those obtained or                       in the Community from products comina from a third country on
               produced wholly or partly from products, on which the applicable                     which    the applicable customs duties and chargos having equivalent
               customs duties or charges having equivalent effect have been le­                     effect   have not been levied in either the Community or Turkey!
               vied and which have not benefited from a total or partial drawback               (d) goods     originally importod from a State party to the Agreement and
           , of ,such duties or charges :                                                           which    on exportation fall within one of the categories (a), (b) or
                                                                                                     ( c ) above
        ( b) goods in free circulation in the exporting State (goods co­                             Note : In the case , of goods originally imported into the exporting
               ming from a third country,' in respect of which import formalities                   State under the cover of a movement certificate bearing tho state­
               have been complied with and any customs duties or charges having                   • ment " Compensatory Levy Turkey", the movement certificate or
               equivalent effect have boon levied , and which have not benefited            !,      certificates A.TR.1 issued in lieu of the latter must also bear the
               from a total or partial drawback of such duties or charges);                         statement " Compensatory Levy Turkey ".
                                                                                           2. Agricultural products must also comply with the additional conditions
       ( c) goods obtained or produced within the exporting State , and in the                 laid down in respect thereof .
               manufacture of which have been used products on which the appli­            3. Movement certificates A. TR. 1 may not be endorsed for goods originally
               cable customs duties or charges having equivalent effect have not               imported from a third country under a preferential customs system be *
               been levied or which have benefited from a tola ! or partial drawback of        cause of their country of origin or of consignment and which according­
               such duties or charges , subject to the collection, where appropriate ,         ly may not be regarded as in free circulation within the meaning of the
               of the compensatory levy prescribed for them ;                                  Agreement .                                  ,
                          r
                                                   11 . SCOPE OF THE USE OF MOVEMENT CERTIFICATE A. TR. 1
1 The movement certificate A. TR. 1 may be used only if the goods to which                          or Turkey or with transhipment in such territories provided that
' it relates are transported direct from the exporting State to the importing                       carriage through, such territories or transhipment is covdred by a
1 State .                                                                                           single transport document made out in the Community or Turkey.
 , The following shall be considered as transported direct from the exporting                       Note : Before requesting endorsement of movement certificate A.TR.1
' State to the importing State :                                                                     by the customs authorities of the exporting State , the exporter must
                                                                                                     satisfy himself that the goods will in fact be transported direct to
|      X®) goods transported without passing through territories other than                         the importing State. Goods not transported direct are eligible for
|             those of the Community or Turkey.                                                     preferential treatment only if a movement certificate A. TR . 3 is pro­
<      ( b) goods transported through territories other' than those of the Community                 duced .                         ■
                                                III . RULES FOR COMPLETING MOVEMENT CERTIFICATE A. TR. 1
t,l*. The movement certificate A. TR . 1 must be completed in one of the lan­               3. Each item listed in the movement-certificate VA. TR . 1 must be preceded
       guages in which .the Agreement is drawn up and shall comply with the                     by an item number . A horizontal line must be drawn immediately after
I      internal laws of the exporting State . When the certificate is completed ,               the last entry. Unused space must be struck through so as to make any
     • tn Turkish , it shall also be completed , in one of . the official languages             later addition impossible. .
       of the Community .                                                                   4. Goods must be described in accordance with commercial usage and in
                                                                                                sufficient detail to enable them to be identified .
   2. The movement certificate A. TR. 1 must be typed or handwritten : if the
i       latter it must bb completed in ink in block letters . It must nof contain           5. The exporter or the carrier may enter in box No . 2 of the certificate
'      any erasu re or superimposed correction. Any alteration must be made                     a reference to the transport document . It is also recommended that- the
i . ' by deleting the incorrect particulars and adding any necessary correc *                   exporter or the carrier should show on the transport document covering
j     %tions. Any such alteration must be initialled by the person who com-                    the dispatch of the goods the serial number of the movement certificate
I      p'eted the certificate and be endorsed by the customs authorities.                      A.TR.1 .
                                                         IV . EFFECT OF THE MOVEMENT CERTIFICATE A. TR . 1
   When properly used movement ce*t'f<cate A. TR . 1 enables the goods des­                 not be eligible for ttris preferential treatment in the Member Slates of the
- crtbed therein to benefit in the importing State from the progressive elimi-              E.E.C.
■ nation of customs duties , quantitative restrictions and ail other measures               The customs authorities of the importing State may, if they consider it to
, having ejuivalent effect . However , when the movement certificr.te bears the .           be necessary, require any other documentary evidence and in particular
' statement " Compensatory Levy Turkey ", the goods described therein shall                 transport documents under cover of which the goods were dispatched .
                                           V. TIME LIMIT FOR SUBMISSION OF MOVEMENT CERTIFICATE A.TR.1
   The movement certificate A. TR 1I must be produced at tho customs office                 three months from the date of endorsement .
   of the importing State where the goods are presented ,, within a period of