CELEX: 51975PC0559
Language: en
Date: 1975-11-10
Title: Proposal for a Council Directive amending the Directive No 69/74/EEG on the customs warehousing procedure, Directive No 69/75/EEC on free zones and Directive No 71/235/EEC on the usual forms of handling which may be carried out in customs warehouses and in free zones (Presented by the Commission to the Council)

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DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (75) 559
Vol. 1975/0210
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 ---pagebreak---    COMMISSION OF THE EUROPEAN COMMUNITIES
                                                  COM(75)559 final ;
                                                  Brussels , 10 November 1975
                           Proposal for a Council Directive
                          amending the Directive No 69/74/EEG
                         on the customs warehousing procedure ,
                        Directive No 69/75/EEC on free zones and
              Directive No 71/235/EEC on the usual forms of handling
       i       which may be carried out in customs warehouses and
                    »               in free zones
                    ( Presented by the Commission to the Council )
                            /
                 Γ·
                                                                        /
COM ( 75 ) 559 final .
 ---pagebreak---                                  EXPLANATORY IffiMORAlTOUM
 1 * A Committee on Inward Processing was set up under Council Directive 69/73/EEC
      of 4 March 19&9 to examine any question regarding the implementation of that
     Directive raised by its Chairman either on his own initiative or at the
      request of the representative of a Member State .
      The proposals for a Directive on outward processing and for a Regulation
     on processing under customs control which are at present before the Council
     both refer to this Committee on Inward Processing and extend its terms of
     reference to include the areas covered by these two instruments .
2 . The procedure followed by the Committee , which consists of representatives
     of the Member States with a representative of the Commission as chairman ,
     is designed to permit spedd and flexibility of action where it appears that
     differences in the way in which the competent authorities in the Member
     States apply the principles and criteria set out in the Directive are likely
     to prevent the arrangements concerned from having uniform effects , tBus
     jeopardising the -uniform applicatinn of the Common Customs Tariff .
     The Community measures to be taken are adopted by the Commission where
     they are in accordance with the opinion of the Committee .
     If , however , the Committee delivers a negative opinion on proposed measures sub­
     mitted" by the Commission, or where no opinion is delivered , the Council ,
     acting by a qualified majority on the proposal from the Commission , must
    determine the measures to be taken .                      *'
     If the Counoil has not acted within three months , the proposed provisions
    are adopted by the Commission .
3 . This procedure has enabled a number of implementing      measures on inwnrd
    processing to be adopted in the form of. directives .
4 . T"ne experience gained in implementing the directives on customs warehousing
    procedure , free zones and the usual forms of handling leads to the conclusion
    that the degree of harmonization achieved in these areas does not correspond
     in all cases to the requirements of what is effectively a single Community
     eustoms territory.
    In point of fact , these directives are based implicitly on the assumption that
    these customs procedures are administered at national level , in acoordance with the.
     Community provisions which establish the basic principles for the procedures
 ---pagebreak---                                         - 2 -
                                                <
                                                                f
     concerned , without , however , such administration p.t national level being
     necessarily the only form of administration possible ur*der those directives .
5 . However , it is becoming increasingly necessary for an administration to
     take account of the effective existence of a Community customs territory
     and enable certain provisions of the arrangements operative in one Member
     State to apply also where goods placed under customs warehousing procedure
    or in free zones are shipped to another Member State .
    It will be necessary to bo able to use the Committee procedure for the
    purpose of adopting implementing measures to safeguard such administration
    under the directives in question .
                                                     »      * >
                     1
6 . Consequently, provision roust be made for implenting measures to bo Adopted
    to ensure the necossory administrative cooperation between Member States .
    The Commission considers it desirable to extend the use of this procedure
    to the customs warehousing and free zone arrangements , adding for that
    purpose provisions similar to those contained in Directive 69/73/ESC to
    Directives Nos 69/74/^EC , 6s/rJ'j/EEG f and 7l/235/-EEC on the usual forms of
    handling .
                                                                                é
 ---pagebreak---                   • -•   Proposal xor a Council Directive
                        amending the Directive No 69/7VEEC
                       on the customs warehousing procedure-,
                      Directive IJo 69/75/E3C on free zones and
          Directive No 71/23!i/EEC on the usual forms of handling           *
            which may be carried out in customs warehouses and
                                   xn free zones
 HIS COUNCIL OP 2*T2 EUROPEAN CCMMtWITIES                               '
Having regard to tho I'rc.ty establishing tho Buroponn Economic Community, and in
particular Articlo loo thereof 5                                              , . •
Having regard to the proposal from the Connisoion }
Having regard to the Opinion of tho European Parliament j                 .
Having regard to the Opinion of the Economic and Social Committee ?
Whereas it is necosssary to ensure uniform application of tho common rules
 laid down by the Council Directive (1 ) of 4 March 1$6$ on the harmonisation
 of provicions laid dovm by law , regulation or administrative action relating
to customs warehousing procedure , as attended by tho Act of Accession ( 2 ), by
tho Council Directive ( 3 ) of 4 March 19^9 on the harmonisation of provisions
laid down by law , regulation or administrative action relating to free zones ,
GO emended 7
             by tho Act of Accession , and by the Council Dirootive ( 4 ) of 21 Juno
1971 pn the harmonisation of provisions laid dovm by law , regulation or administrative
action relating to the usual forma of hend] ing which nay be carried out in
customs warehouses and in free zones , and to establish a Community proceduro
to enable detailed rules for the application of those directives to be adopted
with sufficient speed j whoreas , to bring about eloso aiid effeotive oooperation
between the Merber Stater. and the Commission in this field , tho terri3 of
reference of the Committee for Customs Processing Arvtingoraents instituted by
Article 26 of the Council Directivo ( 5 ) of 4 Irarch 19&9 on     harmonisation
of provisions laid dovm by law , regulation or administrative action in respect
of inward processing, as last amended by Council Directivo ...... must be extended
to include customs warehousing, free zones , and the usual forma of handling
carried out in such warehouses and zones }
( 1 ) 69/74/CEE, OJ lio L 58 , 8.-1.1969 , p . 7 .
( 2 ) OJ NO L 73 , 27.3.197?, p. 14 .
( 3 ) 69/75/GB3 , OJ ITo L 53 , 8.3.1959 , P - 11 .
( 4) 7l/235/c^,OJ Ho L 143 , 29 . 6 . 1971 , P. 23 .
( 5 ) 69/73/CEU , OJ lío L 58 , 3.3.19^9, d . 1 .
 ---pagebreak---  HAS ADOPTED THIS DIRECTIVES
                                      Article 1
 In tho Council Directive of 4 March 19»9 on tho harmono.sc.tion of provisions
laid $own by law , radiation or administrative action relating to customs
warehousing procedure the following Articles shall be inserted ;
( a) "Article 11 as
       JCiq Committee for Customs Processing Arrangements set up by Article 26
       of the Council Directive of 4 March 1969 on the harwonisation of provisions
      laid down by law , regulation or administrative action in respect of inward
      processing nay consider any question arising in connection with this
      Directive rcferrod to it "by tho Chairuan either on his own initiative
      or at the request of tho representative of a Monber State ."
(b ) "Article 11 b :
      Such provisions as may bo required for the application of Articles 5 « 6 , 8 ,
      lo ( l ) shall bo adopted in accordance with tho procedure laid down in
      Article 28(2 ) and ( 2 ) of the Council Directive referred to in Article 11a ."
      Article 11a , "
( c ) "Article 11 et
      The Member States shall bring into force the laws , regulations or
      administrative provisions necessary to ensure that the competent awtboritios
      apply the measures provided for in provisions adopted under the procedure
      referred to in Article lib fron tho data of thoir entry into force as
      set cut in those provisions , "
 ---pagebreak---                                    Article 2
 In the Council Directive of 4 March 1969 on the harmonisation of provisions laid
 down by law , regulation or administrative action relating to free zones the
 following Articles shall be inserted :
 ( a ) "Article 8a :
       The Committee for Customs Processing Arrangements ! set up by Article 26 of the
       Council Directive of 4 March 19^9 on the harmonisation of provisions lairl
       down by law , regulation or administrative action in respect of inward
       processing may consider any question arising in connection with this Directive
       referred to it by the Chairman either on his own initiative or at the
       request of the representative of a Member State ."
( b ) "Article 8b :
       Such provisions as may be required for the application of Articles ■), 6 and
       8 shall be adopted in accordance with the procedure laid down in Article 28(2 )
       and ( 3 ) of the Council Directive referred to in Article 8a ."
( c ) "Article 8 c :
       The Member States shall bring into force the"" laws , regulations or administrative
       provisions necessary to ensure that the competent authorities apply the measures
       provided for in provisions adopted under the procedure referred to in Article
       8b from the date of their entry into force as set out in those provisions ."
                                                                         ? v \
                                   Article y,
In the Council Directive of 21 Juno 1971 on the harmonisation of provisions laid
down by law , regulation or administrative action relating to the usual- forms of
handling which may be carried out in customs warehouses and in free zones the
following Articles shall be inserted :
 ---pagebreak---                                           - 4 -
 ( a) "A.r"fc ^c^-e ^ at
       Iho Committee for Customs Processing Arrangement 3 set up by Article 26
       of the Council Directive of 4 Maroh 19^9 on the haruonisation of provisiwns
       laid down "by lav;, regulation or adrnini strat ive action in respoct of inward,
       processing may consider any question arising in connection with this
      Directive referred to it by the Chairman either on Ms own initiative or
      at the. request of the retire sont at ive of a Member State".
(b ) "Article S bî
      Such provisions as may be requirod for the application of Articles 1 ( 2 ),
      and 5 shall bo adopted in accordance with the procedure laid down in
      Article 28 ( 2 ) and ( 3 ) of the Council Directive referred to in Article 5a ."
( o ) "Article 5 es
      Tho Member States shall bring into force tho laws , regulations or
      administrative provisions necessary "to on sure that the competent authorities
      apply the measures provided for in provisions adopted under the procedure
      roferred to in Article 5b from the date of their entry into force as Got
      out in thoso provisions ."
                                         Articlo 4
This Directive is addressed to the Member States ,
Done at Bruscels ,                            For tho Council
                                              The President