CELEX: 51990PC0370
Language: en
Date: 1990-07-31
Title: PROPOSAL FOR A COUNCIL REGULATION ( EEC ) CONCERNING THE ELIMINATION OF CONTROLS AND FORMALITIES APPLICABLE TO THE CABIN AND CHECKED BAGGAGE OF PASSENGERS TAKING AN INTRA-COMMUNITY FLIGHT AND THE BAGGAGE OF PASSENGERS MAKING AN INTRA-COMMUNITY SEA CROSSING

No C 212/8                             Official Journal of the European Communities                                 25. 8. 90
               Proposal for a Council Regulation (EEC) concerning the elimination of controls and formalities
               applicable to the cabin and checked baggage of passengers taking an intra-Community flight
                          and the baggage of passengers making an intra-Community sea crossing
                                               COM(90) 370 final — SYN 289
                                      (Submitted by the Commission on 3 August 1990)
                                                        (90/C 212/09)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                         — the cabin and checked baggage of passengers taking
                                                                     an intra-Community flight, subject to the provisions
                                                                     of Articles 3 and 4,
Having regard to the Treaty establishing the European
Economic Community, and in particular Article 100a
thereof,                                                         — the baggage of passengers           making    an    intra-
                                                                     Community sea crossing.
Having regard to the proposal from the Commission,
                                                                                           Article 2
In cooperation with the European Parliament,
                                                                 For the purposes of this Regulation:
Having regard to the opinion of the Economic and
Social Committee,                                                1. 'Community airport' means any airport situated in
                                                                    Community customs territory;
Whereas Article 8 a of the Traty provides that the
internal market shall comprise an area without internal          2. 'Flight' means the movement of an aircraft from one
frontiers in which the free movement, in particular, of             airport to another without any immediate stop;
goods is ensured; whereas in this context ports and
airports stand apart as either may constitute, at the same       3. 'Intra-Community flight' means a flight for which the
time, an external frontier and an internal border;                  airport of departure and the airport of arrival are
whereas the application of the principle of freedom of              situated in Community customs territory;
movement should result, inter alia, in the elimination of
controls on the cabin and checked baggage of passengers
                                                                 4. 'Community port' means any           port  situated    in
taking an intra-Community flight and the baggage of
                                                                    Community customs territory;
passengers making an intra-Community sea crossing;
                                                                 5. 'Sea crossing'means the movement of a vessel between
Whereas a journey by air may involve several successive             two ports without any intermediate stop;
legs in the same aircraft, some legs being over
Community territory and others outside it, and whereas
the treatment of some flights must take into account the         6. 'Intra-Community sea crossing' means a sea crossing
practicalities of organizing controls and of international          where the port of departure and port of arrival are
competition;                                                        situated in Community customs territory and the
                                                                    journey is made by a vessel crossing regularly between
                                                                    two or more specified Community ports.
Whereas maritime transport may involve different types
of voyage and whereas the concept of an intra-
Community sea crossing must be defined;                                                    Article 3
                                                                 This Regulation shall not apply to:
Whereas the elimination of the controls and formalities
applicable to baggage on intra-Community flights and
sea crossings does not rule out the possibility of main-         — the cabin and checked baggage of passengers taking
taining safety checks,                                               a flight in an aircraft that began its journey at a
                                                                     non-Community airport and which pursues it
                                                                     between two Community airports,
HAS ADOPTED THIS REGULATION:
                                                                 — the cabin or checked baggage of passengers taking a
                                                                     flight in an aircraft which, after a leg between two
                           Article 1
                                                                     Community airports, continues its journey by
Without prejudice to the safety checks applicable in air             proceeding from the second Community airport to a
and sea transport, no controls or formalities shall be               non-Community airport or to a final destination
carried out in respect of:                                           which is a non-Community airport,
 ---pagebreak--- 25. 8. 90                             Official Journal of the European Communities                             No C 212/9
— the baggage of passengers using a maritime service                                      Article 6
    effected in one vessel and comprising successive legs
    departing from, terminating in or calling at a              The Committee may examine any question relating to
    non-Community port,                                         the application of this Regulation submitted to it by its
                                                                chairman either on his own initiative or at the request of
                                                                the representative of a Member State.
— the baggage of passengers on board pleasure craft,                                      Article 7
    i.e. private boats intended for recreational use whose
    itinerary depends on the wishes of the user.                The Commission shall, after consulting the Committee,
                                                                adopt the provisions necessary for the application of this
                                                                Regulation.
                           Article 4                            The representative of the Commission shall submit to the
                                                                Committee a draft of the measures to be taken. The
(1)     Where checked baggage coming from                 a     Committee shall deliver its opinion on the draft, within a
non-Community airport is transferred at a Community             time limit which the chairman may lay down according
airport to another aircraft proceeding on an intra-             to the urgency of the matter, if necessary by taking a
Community flight, that baggage shall be subject to any          vote.
controls at the airport of destination of the intra-
Community flight.                                               The opinion shall be recorded in the minutes; in
                                                                addition, each Member State shall have the right to ask
                                                                to have its position recorded in the minutes.
(2)     Where checked baggage is loaded onto an aircraft        The Commission shall take the utmost account of the
proceeding on an intra-Community flight for transfer at         opinion delivered by the Committee. It shall inform the
another Community airport to an aircraft whose desti-           Committee of the manner in which its opinion has been
nation is a non-Community airport, that baggage shall           taken into account.
be subject to any controls at the airport of departure of
the intra-Community flight.
                                                                                          Article 8
                                                                This Regulation shall enter into force on the third day
                                                                following that of its publication in the Official Journal of
                           Article 5                            the European Communities.
The Committee on Community transit, hereinafter
referred to as 'the Committee', set up by Article 42 of         It shall apply from 1 January 1993.
Council Regulation (EEC) No . . . on Community
transit, shall be responsible for the implementation of         This Regulation shall be binding in its entirety and
Articles 6 and 7.                                               directly applicable in all Member States.