CELEX: 21993D0219(03)
Language: en
Date: 1992-12-22 00:00:00
Title: Decision No 4/92 of the EEC-San Marino Cooperation Committee of 22 December 1992 concerning certain methods of administrative cooperation for implementation of the Interim Agreement and the procedure for forwarding goods to the Republic of San Marino

Avis juridique important

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21993D0219(03)

Decision No 4/92 of the EEC-San Marino Cooperation Committee of 22 December 1992 concerning certain methods of administrative cooperation for implementation of the Interim Agreement and the procedure for forwarding goods to the Republic of San Marino  

Official Journal L 042 , 19/02/1993 P. 0034 - 0036

DECISION No 4/92 OF  THE EEC-SAN MARINO COOPERATION COMMITTEE of 22 December 1992 concerning certain methods of  administrative cooperation for implementation of the Interim Agreement and the procedure for  forwarding goods to the Republic of San Marino(93/104/EEC)THE COOPERATION  COMMITTEE, Having regard to the Interim Agreement between the European Economic Community and the Republic of  San Marino, and in particular Articles 7 (3) (a), (c) and 13 (8) thereof, Whereas Article 3 (3) (c) of Council Regulation (EEC) No 2726/90 of 17 September 1990 on Community  transit  (1) stipulates that the procedure for internal Community transit may apply to the movement  of Community goods in cases in which a Community provision has expressly provided for the  application of that procedure; Whereas, in accordance with the terms of the Agreement, it is necessary to determine, firstly, the  procedure for forwarding goods to San Marino, referred to in Article 7 (3) of the Agreement and,  secondly, the methods of administrative cooperation necessary for the proper functioning of the  Agreement; Whereas, in the light of experience gained in the Community with regard to methods of  adminsitrative cooperation and the forwarding of goods within Community territory, it is  appropriate, in the present case, to take as a guide the methods employed in the Community to  ensure the free movement of goods within the Community; Whereas the provisions adopted by this Decision may, moreover, be reviewed by the Cooperation  Committee in the light of the situation obtaining on 1 January 1993, and also by the Contracting  Parties if the Agreement itself is reviewed, HAS DECIDED AS FOLLOWS: TITLE I GENERAL Article 1 1.  For the purposes of implementing the  Agreement concluded between the EEC and the Republic of San Marino the competent authorities of the  Member States shall cooperate in applying the rules of the Community transit procedure, without  prejudice to the special provisions laid down below. 2.  Where this Decision is applied, guarantee documents and certificates must bear the words  Republic of San Marino. TITLE II MOVEMENT OF GOODS -  to San Marino from Community offices provided with authorization  by the Agreement with San Marino Article 2 1.  Where goods specified in Article 1 and bound for San Marino are released for free  circulation at one of the customs offices listed in Annex I to the Agreement, a T  2 SM or T  2L SM  document shall be issued, as appropriate. 2.  Where a T  2 SM document is issued, the Community transit operation shall end at the customs  office at the point of exit from Community. 3.  T  2L SM documents shall be issued in triplicate, inter alia for the purposes of furnishing  evidence of the arrival in San Marino of the goods concerned. 4.  Pursuant to paragraph 3, the original and a copy of the T  2L SM document shall be delivered to  the person concerned and the second copy shall be retained at the office of departure. The customs office which issues a T  2L SM document in triplicate shall endorse each copy with one  of the following phrases: -  Rilasciato in tre esemplari -  Délivré en trois exemplaires. The person concerned shall present to the competent authorities of San Marino the original and the  copy given to him, both duly stamped. 5.  The competent authorities of San Marino shall stamp and return to the office of departure, as  appropriate: -  control copy No 5 of the T  2 SM document; -  a copy of the T  2L SM document. -  from the Community to San Marino Article 3 In order to prove that goods dispatched to San Marino are in free circulation within  the Community: -  control copy No 4 of document T  2 duly stamped by the customs authorities at the customs office  of departure, or -  the original T  2L, T  2L ES or T  2L PT, or -  a document having equivalent effect, must be submitted to the competent authorities of San Marino. TITLE III MOVEMENT OF GOODS FROM SAN MARINO TO THE COMMUNITY Article 4 1.  Where goods are  presented to the competent authorities of San Marino with a view to their being forwarded to the  Community, those authorities shall issue a T  2 or T  2L document or a document having equivalent  effect, which will be submitted to the Community office of import in order to furnish evidence that  they are in free circulation in San Marino. 2.  Where goods which were previously brought into San Marino under the cover of a T  2 ES or T  2  PT, T  2L ES or T  2L PT document or a document having equivalent effect are presented to the  competent authorities of San Marino with a view to their being forwarded to the Community, those  authorities shall draw up a T  2L ES or T  2L PT document or a document having equivalent effect,  making reference to the document which accompanied the goods at the time of their arrival in San  Marino. This document ( T  2L ES or T  2L PT) must be submitted to the Community office of import. TITLE IV FINAL PROVISION Article 5 This Decision shall enter into force on 1 January 1993,  and shall be applicable from 1 April 1993. Transitional provisions shall be adopted for the period  between 1 January and 31 March 1993, in line with the summary of the conclusions of the first  meeting of the EEC-San Marino Cooperation Committee. Done at Brussels, 22 December 1992. For the Cooperation Committee The Chairman Pietro GIACOMINI  Extract from the summary of the conclusions of the first meeting of the EEC-San Marino  Cooperation Committee The Parties agreed to postpone implementation of Decision No 4 until 1 April  1993, to give the Republic of San Marino sufficient time to introduce the procedures and issue the  documents required under that Decision. Pending implementation of the Decision, i.  e. until 31 March 1993, and to ensure that Community  provisions concerning the circulation of goods between the Community and the Republic of San Marino  are correctly and simply applied, the Cooperation Committee agreed that the formalities for  recording trade between the Community and the Republic of San Marino should be carried out through  one of the Community customs offices listed in the Annex to the Interim Agreement, without  prejudice to existing commitments entered into by the Republic of San Marino and Italy by virtue of  the exchange of letters of 21 December 1972. It was agreed that, in respect of transit between the  abovementioned customs offices and San Marino during this transitional period, the movement of  goods originating from, or bound for, a Member State other than Italy will be subject to guarantee  equivalent to that provided for in the application of internal Community transit.