CELEX: 31985R0679
Language: en
Date: 1985-03-18
Title: Council Regulation (EEC) No 679/85 of 18 February 1985 introducing a specimen declaration form to be used in trade in goods within the Community

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31985R0679

Council Regulation (EEC) No 679/85 of 18 February 1985 introducing a specimen declaration form to be used in trade in goods within the Community  

Official Journal L 079 , 21/03/1985 P. 0007 Spanish special edition: Chapter 02 Volume 13 P. 0047  Portuguese special edition Chapter 02 Volume 13 P. 0047 

+++++( 1 ) SEE PAGE 1 OF THIS OFFICIAL JOURNAL .  ( 2 ) OJ NO C 71 , 16 . 3 . 1983 , P . 1 .  ( 3 ) OJ NO C 161 , 20 . 6 . 1983 , P . 168 .  ( 4 ) OJ NO C 211 , 8 . 8 . 1983 , P . 4 .  COUNCIL REGULATION ( EEC ) NO 679/85 OF 18 FEBRUARY 1985 INTRODUCING A SPECIMEN DECLARATION FORM TO BE USED IN TRADE IN GOODS WITHIN THE COMMUNITY  THE COUNCIL OF THE EUROPEAN COMMUNITIES ,  HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ,  HAVING REGARD TO COUNCIL REGULATION ( EEC ) NO 678/85 OF 18 FEBRUARY 1985 SIMPLIFYING FORMALITIES IN TRADE IN GOODS WITHIN THE COMMUNITY ( 1 ) , AND IN PARTICULAR ARTICLE 4 THEREOF ,  HAVING REGARD TO THE PROPOSAL FROM THE COMMISSION ( 2 ) ,  HAVING REGARD TO THE OPINION OF THE EUROPEAN PARLIAMENT ( 3 ) ,  HAVING REGARD TO THE OPINION OF THE ECONOMIC AND SOCIAL COMMITTEE ( 4 ) ,  WHEREAS REGULATION ( EEC ) NO 678/85 SUBSTITUTED A SINGLE DOCUMENT FOR THE FORMS CURRENTLY USED IN INTRA-COMMUNITY TRADE IN GOODS FOR DECLARATION OF DISPATCH , INTERNAL COMMUNITY TRANSIT , ENTRY OF COMMUNITY GOODS FOR HOME USE OR ENTRY OF GOODS UNDER ANY OTHER PROCEDURE IN THE MEMBER STATE OF DESTINATION ;  WHEREAS ARTICLE 4 ( 1 ) OF THE REGULATION ( EEC ) NO 678/85 PROVIDES THAT THE SPECIMEN DECLARATION FORM IS TO BE ADOPTED BY THE COUNCIL , ACTING UNANIMOUSLY ON A PROPOSAL FROM THE COMMISSION ;  WHEREAS THE PRESENTATION OF THE FORM IN QUESTION MUST ENABLE IT TO BE USED IN COMPUTERIZED SYSTEMS FOR PROCESSING DECLARATIONS ; WHEREAS , THEREFORE , PROVISION SHOULD BE MADE FOR IT TO BE ADAPTED TO THE TECHNICAL CONSTRAINTS INHERENT IN SUCH SYSTEMS ;  WHEREAS ARTICLE 12 OF THE AFOREMENTIONED REGULATION ( EEC ) NO 678/85 PROVIDED FOR ECONOMIC OPERATORS TO HAVE THE OPTION OF USING , FOR EACH OF THE STAGES OF AN OPERATION INVOLVING TRADE IN GOODS BETWEEN TWO MEMBER STATES , ONLY THOSE COPIES OF THE DECLARATION NECESSARY FOR COMPLETION OF THE FORMALITIES RELATING TO THAT PARTICULAR STAGE , TO WHICH MAY BE ATTACHED , AS APPROPRIATE , THE COPIES NECESSARY FOR COMPLETION OF THE FORMALITIES RELATING TO ONE OR OTHER OF THE SUBSEQUENT STAGES OF THAT OPERATION ; WHEREAS USE OF THIS OPTION HAS NO EFFECT ON THE STRUCTURE OF THE VARIOUS COPIES OF THE SINGLE DOCUMENT ; WHEREAS THIS MAKES IT POSSIBLE TO MODIFY THE COMPOSITION OF THE SETS OF FORMS LIKELY TO BE USED IN THIS WAY ;  WHEREAS THE INTRODUCTION OF THE DECLARATION FORM CONCERNED MUST LEAD TO STANDARDIZATION OF THE INFORMATION TO BE SUPPLIED IN THE CONTEXT OF INTRA-COMMUNITY TRADE ; WHEREAS THE FORM SHOULD BE RESTRICTED TO INFORMATION WHICH MAY JUSTIFIABLY BE REQUIRED FOR THE PURPOSES OF SUCH TRADE ; WHEREAS , FOR REASONS RELATING BOTH TO LANGUAGE PROBLEMS AND TO THE USE OF COMPUTER TECHNOLOGY , SUCH INFORMATION MUST BE ALLOCATED COMMUNITY CODE NUMBERS ;  WHEREAS SOME OF THE INFORMATION TO BE INCLUDED ON THE FORM IS REQUIRED BY NATIONAL REGULATIONS WHICH ARE COMPATIBLE WITH COMMUNITY LAW ; WHEREAS IT IS THEREFORE UNNECESSARY TO REQUIRE THE PRODUCTION OF SUCH INFORMATION IN MEMBER STATES WHICH DO NOT APPLY SUCH REGULATIONS ;  WHEREAS ALL THE INFORMATION WHICH USERS NEED TO COMPLETE THE FORM EASILY SHOULD BE SUMMARIZED IN AN EXPLANATORY NOTE ; WHEREAS THIS NOTE MUST BE READILY AVAILABLE TO USERS ;  WHEREAS , SINCE THE OBJECT OF THIS REFORM IS THE OVERALL SIMPLIFICATION OF THE FORMALITIES CONCERNED , THE INTRODUCTION OF A SINGLE DECLARATION FORM MUST NOT IN PRACTICE REPRESENT FOR USERS A RETROGRADE STEP IN COMMERCIAL TERMS BY COMPARISON WITH THE SIMPLIFICATION OF PROCEDURE AT PRESENT ALLOWED ; WHEREAS IT MUST NOT THEREFORE CONFLICT WITH THE EXISTENCE OF SIMPLIFIED PROCEDURES ;  WHEREAS , TO FURTHER THE STANDARDIZATION OF DOCUMENTS , THIS COMMUNITY FORM MUST BE ALIGNED ON THE LAYOUT KEY DRAWN UP UNDER THE AUSPICES OF THE UNITED NATIONS ECONOMIC COMMISSION FOR EUROPE ,  HAS ADOPTED THIS REGULATION :  ARTICLE 1  1 . WITHOUT PREJUDICE TO THE POSSIBILITY OF SEPARATION PROVIDED FOR IN ARTICLE 12 OF REGULATION ( EEC ) NO 678/85 , THE DECLARATIONS REFERRED TO IN ARTICLE 4 ( 1 ) OF THAT REGULATION MUST BE ENTERED ON COM FORMS MADE UP :  - EITHER AS A SET OF SEVEN COPIES , IN ACCORDANCE WITH THE SPECIMEN CONTAINED IN ANNEX I ,  - OR , PARTICULARLY IN THE EVENT OF ISSUE BY MEANS OF A COMPUTERIZED SYSTEM FOR PROCESSING DECLARATIONS , OF TWO SUCCESSIVE SETS OF FOUR COPIES , IN ACCORDANCE WITH THE SPECIMEN CONTAINED IN ANNEX II .  2 . THE COM FORMS MAY , IF NECESSARY , BE SUPPLEMENTED BY ONE OR MORE COM/C FORMS MADE UP :  - EITHER AS A SET OF SEVEN COPIES , IN ACCORDANCE WITH THE SPECIMEN CONTAINED IN ANNEX III ,  - OR OF TWO SETS OF FOUR COPIES , IN ACCORDANCE WITH THE SPECIMEN CONTAINED IN ANNEX IV .  BY WAY OF DEROGATION FROM THE FIRST SUBPARAGRAPH , MEMBER STATES SHALL HAVE THE OPTION OF NOT AUTHORIZING THE USE OF COM/C FORMS IN THE EVENT OF USE OF A COMPUTERIZED SYSTEM FOR PROCESSING DECLARATIONS WHICH ISSUES SUCH DECLARATIONS .  ARTICLE 2  1 . THE FORMS REFERRED TO IN ARTICLE 1 MUST BE COMPLETED IN ACCORDANCE WITH THE EXPLANATORY NOTE .  2 . MEMBER STATES SHALL ENSURE THAT USERS HAVE READY ACCESS TO COPIES OF THE NOTE REFERRED TO IN PARAGRAPH 1 .  ARTICLE 3  THE PROVISIONS FOR APPLYING THIS REGULATION , AND IN PARTICULAR THOSE RELATING TO :  - THE FORMULATION OF THE CODES TO BE USED IN CONNECTION WITH THE SINGLE DOCUMENT ,  - THE QUALITY OF THE PAPER , THE SIZE OF THE FORMS AND THE COLOUR OF THE COPIES ,  - THE ADAPTATION , AS NECESSARY , OF THE SPECIMEN FORM TO THE TECHNICAL CONSTRAINTS INHERENT IN THE USE OF THE FORM , THE FORMULATION OF THE CODES OR THE PROCESSING OF THE DECLARATIONS BY MEANS OF A COMPUTERIZED SYSTEM ,  - THE NOTE REFERRED TO IN ARTICLE 2 ,  SHALL BE ADOPTED IN ACCORDANCE WITH THE PROCEDURE REFERRED TO IN ARTICLE 17 OF REGULATION ( EEC ) NO 678/85 .  ARTICLE 4  EACH MEMBER STATE SHALL INFORM THE COMMISSION NOT LATER THEN 30 JUNE 1987 OF THE INFORMATION WHICH IT WILL REQUIRE , WITHIN THE LIMITS OF THE INFORMATION INCLUDED IN THE COM FORM , FOR COMPLETION OF THE FORMALITIES AT DISPATCH , ON THE ONE HAND , AND AT DESTINATION , ON THE OTHER HAND .  ANY SUBSEQUENT AMENDMENT SHALL ALSO BE COMMUNICATED BEFOREHAND TO THE COMMISSION .  THE COMMISSION SHALL ENSURE THAT THE INFORMATION THUS OBTAINED IS PUBLISHED IN THE " C " SERIES OF THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES .  ARTICLE 5  THIS REGULATION SHALL ENTER INTO FORCE ON THE THIRD DAY FOLLOWING ITS PUBLICATION IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES .  IT SHALL APPLY FROM 1 JANUARY 1988 .  THIS REGULATION SHALL BE BINDING IN ITS ENTIRETY AND DIRECTLY APPLICABLE IN ALL MEMBER STATES .  DONE AT BRUSSELS , 18 FEBRUARY 1985 .  FOR THE COUNCIL  THE PRESIDENT  G . ANDREOTTI