CELEX: 51990PC0354
Language: en
Date: 1990-07-23
Title: PROPOSAL FOR A COUNCIL REGULATION ( EEC ) AMENDING REGULATION ( EEC ) NO 3/84 INTRODUCING ARRANGEMENTS FOR MOVEMENT WITHIN THE COMMUNITY OF GOODS SENT FROM ONE MEMBER STATE FOR TEMPORARY USE IN ONE OR MORE OTHER MEMBER STATES

25. 8. 90                              Official Journal of the European Communities                                No C 212/7
             Proposal for a Council Regulation (EEC) amending Regulation (EEC) No 3/84 introducing
             arrangements for movement within the Community of goods sent from one Member State for
                                    temporary use in one or more other Member States
                                               COM(90) 354 final — SYN 283
                                      (Submitted by the Commission on 3 August 1990)
                                                        (90/C 212/08)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                         Whereas Article 8 a of the Treaty provides for             the
                                                                 progressive establishment over a period expiring on        31
                                                                 December 1992 of the internal market comprising            an
Having regard to the Treaty establishing the European            area without internal frontiers in which, in particular,  the
Economic Community, and in particular Article 100a               free movement of goods is ensured;
thereof,
                                                                 Whereas the effect of implementing that provision will be
                                                                 to abolish all controls and formalities for goods covered
Having regard to the proposal from the Commission,               by the internal market moving within the Community
                                                                 and, hence, will make the arrangements governing the
                                                                 temporary movement of goods within the Community
In cooperation with the European Parliament,                     redundant; whereas those arrangements should be
                                                                 abolished from 1 January 1993;
Having regard to the opinion of the Economic and
                                                                 Whereas amendment of Regulation (EEC) No 3/84 is in
Social Committee,
                                                                 the interest of Community nationals; whereas it should
                                                                 hence become applicable as quickly as possible,
Whereas Council Regulation (EEC) No 3/84 ('), as last
amended by Regulation (EEC) No 1292/89 (2), became               HAS ADOPTED THIS REGULATION:
applicable on 1 July 1985 for an initial experimental
period of three years;
                                                                                              Article 1
                                                                 Regulation      (EEC) No 3/84          is hereby amended as
Whereas application of the arrangements governing the            follows:
movement of goods within the Community was extended
by Council Regulation (EEC) No 1292/89; whereas the               1. In Article 1 (la) subparagraph (b) is replaced by the
amendments made to those arrangements by that Regu-                  following:
lation ensured alignment between the Seventeenth
Council Directive 85/362/EEC (3) on the harmonization
                                                                     '(b) made-up articles of fur, precious stones, carpets
of the laws of the Member States relating to turnover
                                                                            excluding commercial samples put up as such,
taxes and Regulation (EEC) No 3/84;
                                                                            and articles of jewellery;'
Whereas, in its present form, Regulation (EEC) No 3/84           2. In Article 1 (la) subparagraph (e) is deleted.
does not allow works of art not accompanied by their
authors or agents, or carpets that constitute commercial          3. The second paragraph of Article 16 is replaced by the
samples to benefit from the arrangements; whereas this is            following:
not only a retrograde step compared with the situation
prior to 1 July 1989 but it also fails to ensure parallelism          'It shall apply until 31 December 1992.'
with Directive 85/362/EEC; whereas it is essential to
stipulate that the said Regulation is applicable in both
                                                                                              Article 2
cases;
                                                                 This Regulation shall enter into force on the third day
                                                                  following that of its publication in the Official Journal of
                                                                  the European Communities.
(>) OJ No L 2, 4. 1. 1984, p. 1.
(2) OJ No L 130, 12. 5. 1989, p. 1.                              This Regulation shall be binding in its entirety and
O OJ No L 192, 24. 7. 1985, p. 20.                                directly applicable in all Member States.