CELEX: 51990PC0363
Language: en
Date: 1990-07-31
Title: PROPOSAL FOR A COUNCIL REGULATION ( EEC ) CONCERNING THE SINGLE ADMINISTRATIVE DOCUMENT

29. 8. 90                                 Official Journal of the European Communities                              No C 214/11
                                                              ANNEX 5
                                             Directives amended by Article 5 (2) and 5 (3)
             (a) Article 7 (4) of Council Directive 80/779/EEC of 15 July 1980 on air quality limit values and guide
                  values for sulphur dioxide and suspended particulates (').
             (b) Article 5 (4) of Council Directive 82/884/EEC of 3 December 1982 on a limit value for lead in the
                  air(2).
             (c) Article 7 (3) of Council Directive 85/203/EEC of 7 March 1985 on air quality standards for nitrogen
                  dioxide (3).
             (') O] No L 229, 30. 8. 1980.
             (2) OJ No L 378, 31. 12. 1982.
             O OJ No L 87, 27. 3. 1985.
                 Proposal for a Council Regulation (EEC) concerning the single administrative document
                                                  COM(90) 363 final — SYN 290
                                        (Submitted by the Commission on 3 August 1990)
                                                           (90/C 214/05)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                               Regulation (EEC) No 1062/87 ( J ); whereas Council
                                                                       Regulation (EEC) N o 1900/85 (4) as amended by Regu-
                                                                       lation (EEC) N o 1059/86 (5) stipulated that export and
                                                                       import declarations must be made on a document corre-
Having regard to the Treaty establishing the European
                                                                       sponding to the specimen form drawn up in accordance
Economic Community, and in particular Article 100a
                                                                       with Regulation (EEC) No 679/85;
thereof,
                                                                       Whereas Article 8 a of the EEC Treaty provides for the
Having regard to the proposal from the Commission,                     progressive establishment, over a period expiring on 31
                                                                       December 1992, of the internal market, which comprises
                                                                       an area without internal frontiers in which the free
In cooperation with the European Parliament,                           movement of goods, in particular, is ensured;
Having regard to the opinion of the Economic and                       Whereas the effect of implementing that provision is to
Social Committee,                                                      eliminate all checks and all formalities in respect of
                                                                       Community goods moving within the Community and,
                                                                       hence, to make the provisions laid down in Regulation
                                                                       (EEC) No 678/85, in principle, redundant; whereas,
Whereas Council Regulation (EEC) No 678/85 of 18                       however, the single administrative document should still
February 1985 simplifying formalities in trade in goods                be used, where necessary, during the transitional period
within the Community (*) provides that the formalities                 of the accession of Spain and Portugal to the
connected with such trade are to be completed using a                  Community in connection with trade between the
single administrative document; whereas the specimen                   Community as constituted on 31 December 1985 and
form of that document was prescribed by Council Regu-                  Spain or Portugal and between the two last-mentioned
lation (EEC) 679/85 (2), as amended by Commission
                                                                       O OJ No L 107, 22. 4. 1987, p. 1.
O OJ No L 79, 21. 3. 1985, p. 1.                                       (4) OJ No L 179, 11. 7. 1985, p. 4.
(2) OJ No L 79, 21. 3. 1985, p. 7.                                     (') OJ No L 97, 12. 4. 1986, p. 7.
 ---pagebreak--- No C 214/12                           Official Journal of the European Communities                                29. 8. 90
countries in goods still liable to certain customs duties                                 Article 3
and charges having equivalent effect or which remain
subject to other measures laid down by the Act of                1.    The declarations must be accompanied, within the
Accession;                                                      limits laid down in Article 2, by the documents necessary
                                                                to place the goods in question under the procedure
                                                                requested.
Whereas trade in non-Community goods as well as
imports and exports continue to be subject to use of the
single administrative document;                                 2.     The lodging with a customs office of a declaration
                                                                signed by the declarant or his representative shall
                                                                indicate that the person concerned is declaring the goods
Whereas it is important to ensure uniform implemen-             in question for the procedure applied for and, without
tation of the provisions of this Regulation and, for this       prejudice to the possible application of penal provisions,
purpose, to provide for a Community procedure that will         shall render such person liable, under the provisions in
allow the adoption by appropriate time limits of a              force in the Member States, for:
number of implementing provisions; whereas it is
necessary for close and effective cooperation between the
Member States and the Commission to be organized for            — the accuracy       of  the    information given   in  the
this purpose within an advisory committee;                           declaration,
                                                                — the authenticity of the documents attached, and
Whereas it would appear advisable to take the oppor-
tunity of reforming the legislation concerning the single
administrative document to consolidate the provisions           — the observance of all the obligations inherent in
laid down in Regulations (EEC) No 679/85 and (EEC)                   placing the goods in question under the procedure
                                                                     concerned.
N o 1900/85,
                                                                                          Article 4
HAS ADOPTED THIS REGULATION:                                    The findings of the competent authorities of a Member
                                                                State made in the course of the application of this Regu-
                                                                lation may be relied on by the competent authorities of
                          Article 1
                                                                the other Member States. In such cases, they shall have
1.    Where, in Community legislation, reference is             the same probative force as the findings of the competent
made to an export or import declaration or a declaration        authorities of each of those Member States.
placing goods under another customs procedure,
including the Community transit procedure, such
declaration shall be made on a single administrative                                      Article 5
document form corresponding to the specimen drawn up
in accordance with the procedure laid down in Article 7.        This Regulation shall not preclude the use    of simplified
                                                                procedures, whether or not based on           the use of
2.    The single administrative document form shall,            computers. Such procedures shall be            adopted in
where necessary, also be used during the transitional           accordance with the procedure laid down       in Article 7.
period laid down in the Act of Accession of Spain and
Portugal in connection with trade between the
Community as constituted on 31 December 1985 and                                          Article 6
Spain or Portugal and between those two last-mentioned
countries in goods still liable to certain customs duties       A Single Administrative Document Committee (here-
and charges having equivalent effect or which remain            inafter referred to as 'the Committee') is hereby set up,
subject to other measures laid down by the Act of               composed of representatives of the Member States and
Accession.                                                      chaired by the representative of the Commission.
                          Article 2                                                       Article 7
Apart from the document referred to in Article 1,               The Committee shall have power to examine any
Member States shall not require any administrative              question relating to the implementation of this Regu-
documents other than those which are:                           lation, submitted to it by its chairman either on his own
                                                                initiative or at the request of a representative of a
— expressly created by Community acts or provided for           Member State.
    by such acts,
                                                                The representative of the Commission shall submit to the
— required under the terms of international conventions         Committee a draft of the measures to be taken. The
    compatible with the Treaty,                                 Committee shall deliver its opinion on the draft within a
                                                                time limit which the chairman may lay down according
— required from operators to enable them to qualify, at         to the urgency of the matter, if necessary by taking a
    their request, for an advantage or a specific facility.     vote.
 ---pagebreak--- 29. 8. 90                             Official Journal of the European Communities                             No C 214/13
The opinion shall be recorded in the minutes; in                                           Article 9
addition, each Member State shall have the right to ask
to have its position recorded in the minutes.                    1.      Regulations (EEC) No 678/85, (EEC) No 679/85
                                                                and (EEC) No 1900/85 are hereby repealed.
The Commission shall take the utmost account of the             2.     Any reference made to the regulations hereby
opinion delivered by the Committee. It shall inform the         repealed shall be deemed to be a reference to this Regu-
Committee of the manner in which its opinion has been            lation.
taken into account.
                                                                                          Article 10
                          Article 8                              Each Member State shall inform the Commission of the
The provisions necessary for applying this Regulation            measures it takes to apply this Regulation.
and, in particular, those relating to:                          The Commission shall communicate this information to
                                                                the other Member States.
— the form,
— the codes to be used in the form,                                                       Article 11
                                                                This Regulation shall enter into force on the third day
— the quality of the paper, the size of the form and the         following that of its publication in the Official Journal of
    colour of the copies,                                        the European Communities.
— the explanatory notes on the use of the form,                  It shall apply from 1 January 1993.
shall be adopted in accordance with the procedure laid          This Regulation shall be binding in its entirety and
down in Article 7.                                               directly applicable in all Member States.