CELEX: 51988PC0731
Language: en
Date: 1988-12-07
Title: PROPOSAL FOR A COUNCIL DIRECTIVE FURTHER AMENDING DIRECTIVE 69/169/EEC AS REGARDS A DEROGATION GRANTED TO THE KINGDOM OF DENMARK RELATING TO THE RULES GOVERNING TRAVELLERS' ALLOWANCES ON IMPORTS

No C 26/12                           Official Journal of the European Communities                                    1. 2. 89
                                                             II
                                                      (Preparatory Acts)
                                                COMMISSION
              Proposal for a Council Directive further amending Directive 69/169/EEC as regards a dero-
              gation granted to the Kingdom of Denmark relating to the rules governing travellers'
                                                   allowances on imports
                                                     COM(88) 731 final
                                   (Presented by the Commission on 7 December 1988)
                                                        (89/C 26/15)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                          mation of indirect taxation in the Community in the light
                                                                  of the internal market; whereas, with this in mind,
Having regard to the Treaty establishing the European             Denmark has stated that the special excise duties on
Economic Community, and in particular Article 99                  electronic and household electrical goods will be reduced
thereof,                                                          or abolished and the current rates of excise duties in
                                                                  force in respect of cigarettes, tobacco and alcoholic
                                                                  drinks will not be changed; whereas the Government has
Having regard to the proposal from the Commission,                also indicated that certain administrative practices
                                                                  relating to the control of travellers entering Denmark
                                                                  from other Member States will be discontinued;
Having regard       to  the  opinion   of   the  European
Parliament,
                                                                  Whereas the immediate cessation of some of the existing
Having regard to the opinion of the Economic and                  derogations could cause economic difficulties for
Social Committee,                                                 Denmark their application, in a modified fashion, should
                                                                  be extended to 31 December 1990,
Whereas, until 31 December 1988, the Kingdom of
Denmark       enjoys   a derogation       from    Directive
69/169/EEC (x), as last amended by Directive
87/198/EEC (2), with regard to the import of certain              HAS ADOPTED THIS DIRECTIVE:
products by travellers having their residence in Denmark
after having stayed in another country for less than 48
hours; whereas in addition the Kingdom of Denmark                                          Article 1
applies a reduced quantitative limit for still wine;
                                                                  Article 7b (1) (a) of Directive 69/169, with reference to
                                                                  the Kingdom of Denmark, shall mean that from 1
Whereas the Kingdom of Denmark also enjoys a dero-                January 1990 only goods whose unit value exceeds ECU
gation from the same Directive to exclude from the                340 may be excluded from the exemption.
travellers' allowance of ECU 350 [ECU 390], goods the
unit value of which exceed ECU 280 [ECU 310];
                                                                                           Article 2
Whereas this derogation should be seen in the context of
Article 8A of the Treaty, which defines the internal              Article 7c of Directive 69/169/EEC is hereby replaced
market as an area without internal frontiers in which the         by the following:
free movement of goods, persons, services and capital is
ensured and states that this should be progressively
established over a period expiring on 31 December 1992;                Article 7c
Whereas the Government of the Kingdom of Denmark                      By way of derogation from Article 4 (1) the
has announced that they will work actively to arrive at a             Kingdom of Denmark shall be authorized to apply
satisfactory common solution in relation to the approxi-              until 31 December 1990 the following quantitative
                                                                      limits for the importation of these goods by travellers
(') OJ No L 133, 4. 6. 1969, p. 6.                                    resident in Denmark after a stay of less than 48 hours
O OJ No L 78, 20. 3. 1987, p. 53.                                     in another country:
 ---pagebreak--- 1. 2. 89                             Official Journal of the European Communities                           No C 26/13
    — cigarettes                                   80 g         proposals for the continuation     of   the  derogation,
        or                                                      amended as appropriate.
    — smoking tobacco, where the tobacco
                                                                                        Article 4
        particles have a width of less than lg 5
        mm ('fine cut')                           150 g         1.   Member States shall bring into force the measures
    — distilled beverages and spirits of an                     necessary to comply with this Directive not later than 1
        alcoholic strength by volume of more                   January 1989.
        than 22 % vol                             nil'
                                                                2.    Member States shall inform the Commission of the
                                                                provisions which they adopt to implement this Directive.
                         Article 3
                                                                                        Article 5
Six months before the expiry of this Directive the
Commission will review the position and put forward             This Directive is addressed to the Member States.