CELEX: 51975PC0487
Language: en
Date: 1975-10-02
Title: Proposal for REGULATION (EEC) OF THE COUNCIL on Community transit.

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (75) 487
Vol. 1975/0185
 ---pagebreak--- Disclaimer
Conformément au règlement (CEE, Euratom) n° 354/83 du Conseil du 1er février 1983
concernant l'ouverture au public des archives historiques de la Communauté économique
européenne et de la Communauté européenne de l'énergie atomique (JO L 43 du 15.2.1983,
p. 1), tel que modifié par le règlement (CE, Euratom) n° 1700/2003 du 22 septembre 2003
(JO L 243 du 27.9.2003, p. 1), ce dossier est ouvert au public. Le cas échéant, les documents
classifiés présents dans ce dossier ont été déclassifiés conformément à l'article 5 dudit
règlement.
In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983
concerning the opening to the public of the historical archives of the European Economic
Community and the European Atomic Energy Community (OJ L 43, 15.2.1983, p. 1), as
amended by Regulation (EC, Euratom) No 1700/2003 of 22 September 2003 (OJ L 243,
27.9.2003, p. 1), this file is open to the public. Where necessary, classified documents in this
file have been declassified in conformity with Article 5 of the aforementioned regulation.
In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1.
Februar 1983 über die Freigabe der historischen Archive der Europäischen
Wirtschaftsgemeinschaft und der Europäischen Atomgemeinschaft (ABI. L 43 vom 15.2.1983,
S. 1), geändert durch die Verordnung (EG, Euratom) Nr. 1700/2003 vom 22. September 2003
(ABI. L 243 vom 27.9.2003, S. 1), ist diese Datei der Öffentlichkeit zugänglich. Soweit
erforderlich, wurden die Verschlusssachen in dieser Datei in Übereinstimmung mit Artikel 5
der genannten Verordnung freigegeben.
 ---pagebreak---           COM(75)487 final
"> h:'/ 7
 ---pagebreak---                                 Explanatory Memorandum
    In the Programme for Simplification of Customs Procedures (doo CQM(75)
     67 final ) which was Bent to the Council on 5 March 1975f the Commission
    had announced that it would be prepared to propose , as appropriate , in
    such ciroumstances where a regulation had undergone numerous modifications ,
    that new versions be made of the texts in force .
    Such a new text operating in the field of Community transit would fulfil
    the wishes not only of the national administrations "but also of the users .
    The Commission had also adopted the annexed proposal which aimed at
• replacing Regulation (EEC ) No. 542/69 as' amended, "by a new regulation on
               \     • ■ «A
    Community transit . Th no- significant amendment had been made .ta'the rules
    in force ,* ; ' th'e proposal docs* hot inolude provisions which, due to
    their" transitory nature', no longer had any bearing.      •
    At the same time as the basic regulation is being revised, the Commission
    will make new versions of the whole of the provisions adopted in accordance
 ' with the procedure laid down in Artiole 5$ of Regulation (EEC ) No. 542/69
    mentioned above .,      • •
    In order that the national administrations andjthe users may enjoy the
    maximum benefit from the revision operations , the now Regulation of the
    Council and that of the C'otnmieeion must bo published in the same issue of
  ■ the Offioial- Journal .                     - -. - .
                                                                 I
 ---pagebreak---                                      Proposal for
                            REGULATION (EEC ) OP THE COUNCIL
                                  on Community transit
                                               . s
  THE COUNCIL OP THE EUROPEAN C01MUNITIE3 ,
  Having regard to the Treaty establishing tho European Economic Community ,
  and in particular Article 235 thereof ;
  Having regard to the proposal from the Commission J
  Having regard to the Opinion of the European Parliament         }
  Having regard to tho Opinion of the 'Economic and Social Committee         ' 4
  Whereas Cornell Regulation (EEC) No 542/69*^ -of 18 March 1969 on Community
  transit has "been amended several times slnoe adoption ; whereas the said
  Escalation should bo replaced by a new consolidating F.ogul&tiott 66 " that •'
 users oan refer to the text of the Regulation actually "lii fowj without
 having to resort to considerable research }
  Whereas tho Community is based on a customs union ;
  Whereas the establishment of the customs union is governed in the main by
  Chapter 1 of Title 1 of part Two of tho Troaty ; whoret\s that Chapter
  contains a scries of specific provisions dealing in particular with tho
  elimination of customs duties between' Member States , the establishment and
  progressive introduction of a Common Customs Tariff and the autonomous
  alteration or suspension of tho duties therein ; whereas while /article 27
  provides that Member States shall , before the' end ''of the first stage in so
  far as may bo necessary , take stops to approximate their provisions laid
  down by law , regulation or administrativo action in respect of customs
  matters , that Article does not empower tho institutions of the Community to
  issue binding provisions in that fiold } whereas , however , a thorough
  examination undertaken jointly with Membor States has shown the need to
  establish , by means of a Regulation , a Community transit procedure in order
  to avoid a succession of national customs procedures in connection with tho
  carriage of goods :
                                                                               l
                                                                     • •/» ♦
( 1).0J No L 77. 29 .©3 »19 69, J>. 1-
 ---pagebreak--- Whereas the implementation of a Connunity transit procedure , under which
goods move "between two points in the Connunity , will faoilitato transport
within the Community and in particular simplify the forinalitie •> to be
carried out when internal frontiers are crossed 5
Whereas under a Community transit procedure goods . brought into the customs
territory of the Community can be carried from the place of entry to their
destination or , in the case of passage through the Community , to the
customs office at the point of exit , without renewed customs formalities
when the goods cross from one Member State to another4 j
Whereas the advantages arising from the said procedure improve the flow of
£ocd9 and «n?c«ara,g-9 raorato olear goods for 'hone use near the place where
they are to be v.sed rather than at the external frontier , thereby making
possible a more rational use of available facilities at entry points}'
Whereas , in intrar-Community trader the abolition of customs            ^
duties , quantitative restrictions end taxes end neasuros having équivalent
effect does not ensure that Community goods move within the Community under
the same conditions as those governing the movemen'i'of "goods within a Member
State ;
Whereas , although at the present time the advantages offered for the movement
of Cotamunity goods hardly differ from those applioable to other goods , 'It will
subsequently be possible to simplify the Community procedure as applied'-to •
Ccmunity goods , threby bringen about oomplete frsedcwj'df movement for Erutih-
goods within "the CaxiTanity,as the various natiorjal systems are harmoniBedj
Whereas , in the interest of users and with a view to rendering as easy as
possible , the task of national government authorities responsible for super­
vising the movement of goods , the simultaneous application of several admini­
strative procedures should be avoided ; whereas therefore the immunity tranni
procedure should always be used whenever Supervision is n«oessary in respect 0
tho use or destination of goods ;                                 '
Whoreas the Community transit procedure should , in principle , be applied to
all movement of gcods vrithin the Community ;
 ---pagebreak---                                          - 3 -
Uhereas , in order to simplify administrative formalities , the Community
transit procedure should provide a basis for compiling statistics on tho
movenont of goods j whereas , in order to ensure that such statistics aro
'complete rxid reliable , administrative co-operation between the Member
 States should bo asourcd and Community transit documents should contain
 the necessary information ;
Uherean , to ensure the uniform application of the pswisione of this "
Rogulation, a Community procedure should be strAiliBhed permitting the(
naoossary rules of implementation to be issued Tdthin a            --       f-
 suitablo period j wheroaa it is necessary to have a Committee to organiso
 close and effective co-operation between tho Ilerober States and the Commission
 in this field j                            ,
Whereas the 'Treaty docs not provide tho necessary powers to "institute a
Community transit procodure with direct " effoct in tho Member States |
whoreas this Regulation must , therefore , bo' based on Article #35 tharoof ;
Uhereas this Regulation does not affect " tho provisions of the Treaty
 establishing the European Coal and Steel Community , in particular aB regards
the rights and obligations of Member States , the powers of tho insitutiens
 of that Community and the rules laid down bj' that Treaty for the functioning
 of tho common market in coal^and steel ; whereas ) talcing, into account the
Treaty establishing, the European Economic, Community , and, in pariribular Article
 232 thereof , this Regulation applies -to 'tho ,- goods appearing in. 'the list in
Annox 1 to the Treaty establishing the- European Coal and 'Steel . Community j
 IIAS ADOPTED TIII3 REGULATION
                  •                 ' . TITLE 1       . ...
  ; -                         • General provisions
                                        Articl e 1
    • r    '                                                '' •
 1 . 'The Community transit procedure shall apply to movement of tlw goods
        referred to in paragraphs 2 and 3 between two points situatod in tho
        Community , It includes a procedure for oxtomal Community transit and a
        procedure for internal Community transit .
2 . Tho procedure for external Community* transit shall apply to movement of
        tho following goods ;
 ■" *                                                                    • •/* *
 ---pagebreak---                                        - L -
      ( a) goods which do not satisfy tho conditions laid down in Articles 9
            and 10 of the Treaty establishing the European Economic Community j
      ( u ) goods which , though satisfying the conditions laid down in Articles
            9 and 10 of the Treaty establishing tho European Economic Community ,
            have been subject to customs export formalities for the grant of
            refunds for export to third countries pursuant to the common •
            agricultural policy ;
    , ( c) goods coning under the Treaty establishing the European Coal and
            Steel Community x/hich under the terms of that Treaty aro not in
            free ■ circulation in the Community .
3 . The procedure for internal Community transit shall apply , if they aro
      subject to customs , tax , oconomic or statistical moasuros or any other
      measures relating to trade :
      ( a) goods which satisfy the conditions laid do\m in Articios 9 and- 10
            of tho Treaty establishing the European Economic Community ( hcroin-
            cftor called " Community goods") , except the goods referred to in
            paragraph 2 ( b ) ;
      ( b) goods coming under tho Treaty establishing the Europoan Coal and
            Stcol Community which under the terms of that Treaty are in* free
            circulation within the Community .
4 , For the purposes of the provisions of the Treat> -ea^ab1i-ehi tho - European
     Economic Oommunity whioh relate ^ to the free movement of gQO&sj- fiH&ri&G'tgeot
     to the provisions of Articles 2 ( 2 ), 7 ( 3 ), 8 ( b ), 47,' 40 ( 2 ) and 49 ( 2 )
     of this Regulatidn , goods properly imported into the territory of a
     Ilember Stato across fil internal frontier shall be deemed to' be Community
     goods unless an external Community transit documont is produoed in respect
     thereof .
                                 . . Article 2
1 . By way of derogation from Article 1, the Community transit prootedure shall net
     apply to movements of goods under a temporary importation or temporary
     admission procedure ,
2 . Tho provisions of the Treaty establishing tho European Economic Community vhirt
     relate to the free movement of goods shall apply only to movements of .
                                                                            • •/• •
 ---pagebreak---                                    - 5'-
     goods under an international procedure of temporary importation or
     temporary admission if an internal Community transit document " ia produced
     which has been issued to establish the Community status of these goodG^IIowwrcii--
     uncler conditions to be determined 'under the procodure prescribed in
     Article 57 , such goods nay bo regarded as - Community goods without the
     production of euoh a document .
         •: J ; *»
                                  Article 3
1 . By way of derogation from Article 1 , eaoh Membor State may appiy - a - national
  ■ procedure instead of tho external or internal Community transit procedure
     in respect of goods referred to in Article 1.(2 ) md ( 3 ) during carri;.<ge
     within its territory , or fron one of its ports to another if carriage
     is effected by sea .                                                       '
2 . A Member State exorcising this option shall ensure that Community measures
     applicable to the goods are implemented *
3 . For purposes of paragraph 1 , the territory of the Benelux Economic Union
     shall bo considered to be the territory of one Member State .
                                  Articlo 4
1 . If the subsequent carriage of. goods dealt vrith under a national proceduro
     in accordance with Article 2 , ( l ) or Articlo 3 entails the crossing of ,
     an internal frontier , such goods are to be placed under the Cor.uaimity
   ' transit procodure before crossing that frontier .
2 . However ,, under conditions to be determined under the procedure prescribed
     by Article 57 > the provisions of paragraph 1 shall not apply to goods
     whioh are the subjeot of temporary importation or temporary ■ aaflleSfon.
                                  Article                   . v
This Regulation shall bo without prejudice to agreements made between
Ilembor States concerning frontier traffic .
      .*           *  •   • 1                ' '      *      '     '
                                                                       • */ o *
 ---pagebreak---                                             Article 6
   Provided that the implementation of the Community measures applicable to tha
   goods is ensured, Member States may," uhithin the Community transit procedure,
   introduoe 'simplified procedures for certain types of traffio by, means of
  "bilateral agreements *
  Such agreements shall be communicated to the Commission and to the other Member
  States *
                                           Article 7
  1 . By 'way of derogation from Article 1 , the Community triwisi^g^ocMife 'felftall not
       apply to carriage of goods under the procedures of international oarriage
       of goods by road ( TIR'Convention ) , international transit by rail ( TTJ?
       Convention) or the Rhine Manifest (Article 9 °f the Revised Convention
       for the navigation of the Rhine ) on condition that that carriage of gcods
       began or is to end outside the Community .
  2 . In tha case of Rliina traffic , carriage of goods may be ef?edtei-|5rWiSTonally
      •under 'the procedure of the Riiire Manifest , even if that carriage of goods
      beg?ja and is to end within the Community,
  3 . She provisions of the Treaty establishing the European Economic Community which
       rolate     to free movement of goods shall apply to The movement of goods
       under the procedure referred to in paragraph 2 on condition that they are
       accompanied not only by the document required under that procedure but
       also by an internal Community transit document issued to establish the
       Community status of the goods .
                                           Article 0
  In the absence of an agreement between the Community and a third country
  whereby goods moving between two points in the Community may be carried across
■ that oountry under the Community transit procedure :
  ( a) the Community transit procedure shall apply to goods carried &cfos£ that :;
        third country only if the carriage across that oountry , is effected under
        cover of a single transport document draxm up in a Mem ter State ah& the
        operation of tlir.t procedure is suspended in the tsrritory of the third country
  (b)' Article 7 ( l ) and ( 3 ) ■shall apply to goodsvearried through the territory
        of the third country, • even if carriage of the goods began..and is to end
        within - the-' Community*. . : ,».*••• .            v ... ...... /
 ---pagebreak---                                         - 7 -
                                     Article 9
Where , in the cases provided for in this Regulation , the provisions of the
Treaty establishing the European Economic, Community whioh relate to free movement
of goods are only applied on presentation of nn internal Community transit
document issued to establish the Community status of the goods , the party
concorned may , for any valid reason , obtain that document subsequently from
                                                                              >
the competent authorities of the Member State of doparture .
                                    Article 10
Prohibitions and restrictions on importation , exportation and transit issued
by the 1" ember States shall apply to the extant that th4y are "-Gomjiatibie- with
the three Trebles establishing the European' Communities .
                                    article 11
For the purposes of this Regulation !
( a ) " principal " means the person who , in person o'r through an authorised
      representative , requests permission , in a declaration art - accordance' - with
      the required customs formalities , to carry out a Community transit Operation
      and thereby makes himself responsible to the competent authorities for the
      execution of the operation in accordance with the rules j                 " .
(b ) "means of transport " means , in particular :            •
      - any road vehicle , trailer , semi-trailer ,
      - any railway car Or wagon ,
      - any boat or ship ,
      - any aircraft ,
      - any container within the meaning - of the Customs Convention on Containers
         of 18 Hay 1936 |                                   ■   ■'
( 0 ) " office of departure" means the customs office where the Community transit
      operation begins ;
( d ) " office of transit" moanst
      - the customs office at the point of entry into a Member State' other than
         the Ilember State of departure ,  ' -                        •   ?:
      – also the customs offios at "the point of exit from the Comniixnity ■wfeeW'HIi'e
         consignment is leaving th<* cuetorn8 territory of the Community             'bourse
         of' a Community transit operation via a frontier between a M&a'bfSir' ;
         a third oountry ,                                         •-   > .  ,'
 ---pagebreak---  ( c ) " office of destination" means the customs office where the goods must
        be produced to ocmplete the Community transit operation }
 ( f ) " office of guarantee" means the customs office where a comprehensive
        guarantee . is lodged ,
( g ) " internal frontier" means a frontier common to two Member Statos .
        Goods loaded in a seaport of a Member State and unloaded in a seaport of
        another Member State shall be deemed to have crossed an' internal frontier
        provided that the seacrossing is covered by a single transport document .
        Goods coming from a third country by sea and transhipped in a seaport of
        a Member State with a view to unloading in a seaport of another Member
        State shall not be deemed to have crossed an internal frontier ."
                                         TITLE II
                           Procedure for external Community transit
                                       Article  12
1 . Any goods that are to be carried under the procedtire for external Community
      transit shall be covered , in accordance tvith the conditions laid down in
      this Regulation , by a 11 declaration . A T1 declaration is a declaration on
      form T1 ( see speoimen in Annex A ), accompanied , "where ' appropriate , by one
      or more "forms 'Ti 'bis ( see specimen art Annex B ).                  »
2 . The form3 T1 and T1 bis shall be printed and completed in one of the . official
      languages of the Community specified by the competent authorities of the
      Ilei.iber State of departure , tthere necessary , the competent authorities of a
      Member State concerned in the Community transit operation may require a
      translation into the official language or one of the official languages of
      that Member State .
3... The T1 declaration shall be Eigned by the person who requests permission to
   '•'effect' an external Conmunity .transit operation or by his authorised represen-
      tatiye     and shall be produced at the office of departure .
.     Ihe supplementary documents appended tto the T1 declaration shall form an
      integral part' thereof .       .             -                              »
 ---pagebreak--- 5 . 15ie T1 declaration shall be accompanied by the transport document .
       Tho offico of departure nay dooide not to require production of this
       document during the customs formalities . However , the transport 'document
       must be producod v/henever required by the customs authorities in tho
       course of carriage ,                                  ■    .
6 . Where tho Community transit procedure in the Member State of dcpartr.ro
       follows another customs procedure , referonce shall be made on tho T1
       declaration to that procedure or to the corresponding customs documents .
                                       Article 1 ^
The principal shall.be responsible for ;
( a ) the production      of tho goods intact at tho offico of destination within
        tho proscribed time limit and with duo observance of the measures adopted
        by the conpotent authorities to ensure identification ;
(b ) the observance of tho provisions relating to the Community transit
      . procedure and to transit in each of the iTember States in tho territory
        of which carriage of the goods io effected .                            ...
                                  ■ ■ Artiche 14
1 . Each Member State may , subject to conditions which it may prescribe ,
      provide for the use of tho T1 documr.nt for national procedures.
2 . The supplementary details included on th<5 T1 document for that purpoco by
       a person other than the principal shall be tho responsibility of tho former ,
       in accordance with the national provisions laid down by law , regulation or
    ' administrative action .
                                    Article 13
1 . VPnero the goods , before they can bo dealt with under the external Community
      transit procedure , are required to      the; 'subject of^    export ; or ^'a-e^port
       declaration, that d&elaration and the Community transit ^declaration'^hall Bo
      combined on a form Tl , accompanied , where . appropriate . by '&iie: dr^cre "forma
      T1 bis . .                                   „
2 . Each llenbcr State shall determine , for the application of its national rules ,
      which details , other than those proscribed on form Tl , should be included in
      tho export or re-export declaration in the spaces provided for that purpose ,
       as well as tho number of copies to bo producod .
 ---pagebreak---                                       - 10 -
                                     Article 16
 1 . The same means of trannport may bo usod for the loading of goods at mora
      than one offico of departure and for unloading at more than one office
      of destination .
 2 . Each T1 declaration shall include only the goods loaded oi? to be loaded
      on a single means of transport for carriage fron one office of departure
      to one office of destination .
For -the purposes of the preooding subparagraph the following shall' be 'regarded
as constituting a single means of transport , on condition that the goods
carried are to be dispatched together ?
( a) a road vehicle acoompanied by its trailer(s ) or semi-trailer(s ) j
(b ) a line of coupled railway carriages or wagons ;
( c ) boats constituting a single chain ;
( d ) containers loaded on a means of transport within the moaning of this
       Article .
                                   Article 17
1 . The office of departure shall register the T1 declaration , presoribe the
     period within which the goods must bo produoed at the office of destination ,
     and take such measures for identification as it considers necessary .
2 . Having entered the necessary particulars on the T1 declaration , the office
     of departure shall retain itB copy and return the other3 to the principal
     or his representative .
                                  Article 18
1 . As a general rule , identification of the goods shall bo ensured by sealing.
2 . Hie following shall be sealed !
     ( r.) the space containing the goods , when the means of transport has already
           been approved under other oustoni3 regulations or recognised by the
           office of departure as suitablo for sealing ;
     (b ) each individual package , in other cases . , .               r
 ---pagebreak--- 3 . Means of transport may bo recognised, as suitable for sealing on condition
    thats                   •
     ( a) seals can "be simply and effectively affixed to thenj                             ' '
     (b ) they are so constructed that no goods can be removed or introduced
                                           r '         '
          without leaving visible traces of tampering or without breaking the
          seals ;                                                .                    ■ •
    ( c ) they oontain no conoealed spaces where goods may b6 hidden }
    ( d ) the spaces reserved for the load are readily accessible for customs
          inspection.                          .  . ,
4« The office of departure may dispense with sealing if , having regard to
    other possible measures for identification , the description . of the goods
    in the T1 declaration or in the supplement ary documents makes them readily
    identifiable .                                                     ' • f' •
                                  1   Article. 19
1 , The oopies of the T1 document delivered to the principal or to his represen­
    tative by the office of departure must accompany the goods .
2 . Goods shall be .carried- via the' - offices of" transit mentioned in the T1
    document . If circumstances justify it , other offices of transit may bo . used
                                                                       ♦        i,        '
3 . For supervision purposes , each Member State may prescribe transit routes •
    within - its territory.              '                                                      ,*-•
4 . Each Member State shall provide the Commission with a list of the customs
    offices authorised to deal with Community transit operations , stating at
    what hours they are open .                                       •
The Commission shall communicate this information to the other Member States .
                                       Article 20    ■
Copies of the Tl . document shall be produced in eaoh Member State as required
by the Customs authorities , vrho may satisfy themselves that the eeals are un­
broken . Iho goods shall not be inspected unless some irregularity is suspeoted
which could result in abuse .       • v ,■ -                    . ..          ' - ..<
 ---pagebreak---                                          •» 12
                                        Article 21
  Inc consignment as well as tho copies of the T1 document shall bo produoed
  at each office of transit .
                                        Article 22
 1 . Ihe carrier shall give each office of transit a transit advice note con­
      forming to the model shown in Annex E.
 2 . The offices of transit shall not inspect the goods unless some irregularity
      is suspected which could result in abuse .
 3 . If , in accordance with the provisions of Article 19 ( 2 ), goods are carried
    . via an office of transit other than that mentioned in the T1 document , that
      offico shall without delay send the transit advice note to tho office men­
      tioned in that document .                                            *
                                       Article 2 "}
 Where goods are loaded or unloaded at any intermediate office , copies of the
T1 document issued by the officc(s ) of departure must be produced .
                                       Article 24
 1 . Tho goods described on a T1 document may , without renewal of tho declaration ,
      be transferred to another means of transport under tho supervision of the
      customs authorities of the Member State in whose territory the transfer is
      made . In such a case , th-e customs authorities shall record the relevant
      details on tho T1 document .
 2 . The customs authorities may , subjoot to such conditions as they shall deter­
      mine , authorise such transfer without supervision . In such a case , tho
      carrier shall record the relevant details on the T1 document and inform the
      next customs office at which the goods must be presented , so that the transfer
      is officially certified by the customs authorities . ■
                                      Article 25
 1 . If seals are broken in the course of carriago without the carrier so inten­
      ding, he shall , as soon as possible , requost that a certified report bo
      drawn up in the Ilember State in which the means of transport is located , by
      the customs authority if there is one nearby or, if notj'-'&y - r " – - ~'*t -<*
      any othor competent authority . Bie authority concerned shall , if possible ,
      affix new seals .                                                      /
 ---pagebreak---  2 . In the event of an accident nocoositating transfer to anothor noons of
      transport the provisions of Article) 24 t-'hall apply .
Is there is no customs authority nearby, any othor approved                      ^
authority may act in its placo under the conditions laid dovm in Article
24 ( 1 ).
3 . In the event of imminent danger necessitating immediate unloading of the
     •whole or part of the load , the carrier . 'may take action on his own initiative .
     He shall record such action on the T1 document . 'Hie provisions of paragraph
      1 shall apply in such case .
4 . If as a result of accidents or other incidents arising in tho course of
      carriage , the carrier is not in a position to observe the time limit
      rei erred to in Articlo 17 , he shall inform the competent authority referred
     to in paragraph 1 as Boon as possible . Ihat authority shall then record the
     rolevant details on the T1 document .
                                     Article 2 o
1 . Tho office of destination 3hall record on the copies of the T1 document
     tho details of controls e.nd shall without delay send a copy to the 'office
     of departure and retain tho othor copy .
2 . Tho CotnTnvjjity transit operation may be concluded at an office other than
     that mentioned in the T1 document . That other office rohall then become the
     office of destination .
                                     Article 27
1 » In order to ensure collection of the duties and other taxes which «aeh;-' ;
           Member State is authorised to chargo in respect of goods passing
     through its territory in the oourso of Community transit , the principal
     shall furnish a guarantee , except as otherwise provided in this Regulation .
2 . Tho guarantee may be comprehensive , covoi-ing a number of Community transit
     operations , or individual , oovering a singlo Cornmrnity transit operation .
3 . Subject to tho provisions of Articlo 33 ( 2 ), tho guaranteo shall consist of
     tho joint and soveral guarantee of a natural or legal third person established
     in the Ilember State in ;;hich the guarantco is provided who is approved as
     guarantor by that I'cmber State .
                                                                          • Ff 4 •
 ---pagebreak---                                        - 14 -
                                     Article 2o  ' .
1 . The person standing as • guarantor undor tho conditions referrod to in
     Article 27 shall bo responsible for designating , in each of the Member
     States through which the goods will b6 carriod in the coureo of Community
     transit , a natural or legal third person who also will stoicl as guarantor
     for the principal .
Such guarantor nust be established in the Member State in question and must
undertake , jointly and severally with the principal , to pay the duties and
other taxes chargeable in that State .
2 . Tho application of paragraph 1 shall be subject to a qualified Majority
     decision of the Council acting on a proposal from the Commission , as a
     result of an examination of the conditions under which the Member States
     have been able to exorcise their right of reoovery in accordance with
  ■ Article ]> o .                                '                ■ '
                                    Article 29
1 . Subject to the provisions of Article 32 ( 2 ) ( a ), the guarantee referred to
     in Article 27 ( 3 ) shall be in tho form of one of the specimen guarantees
     r-h:tm r.s Model 1 or Modol II in Annex P to this Regulation , as appropriate .
2 . Wicrc tho provisions laid do;/n by national law, regulation or administrative
     action, or ©amnion practice so require, each Member StaW'may^ aUbvrth'a'-
     guarantee to be in a different form , on condition that it has the
     legal effects as the docaraenteilBhown as speoimens *
                                   Article 30
1 . A comprehensive guarantee shall be lodged in an office of guarantee .
2 . The office of guarantee shall determine the amount of the guarantee ,
     accept . the guarantor 's undertaking and issue an authorisation allowing tho
     principal to carry out , within the limits of the guarantee , any Community
     transit operation irrespective of the office of departure .
3 . Each person who has obtained authorisation shall be issued i/ith one or r.ore
   . copies of a guarmteo certificate in the form shown in Annex G , subject
     to tho conditions laid down by the competent authorities of the Member
     States .
A. Reference to this certificate shall bo made in each T1 doolaration .
 ---pagebreak---                                        - 15 -
                                      Article 11
1 , The offico of guarantee may revoke the. authorisation QI tne conditions
    unclor which it waa issued no longer o::ist .     ■ ,
2 . Each ''ember Stato ah all notify the' Member States concerned of any revoca­
    tion of authorisations .
                                      Article ~\2
1 . Each Member otate nay aocopt that the natural or legal thii-d person
    standing as guarantor- under the conditions laid down in Articles 27 and
    20 guarantees , by a Bingle guarantee and for a flat-rate amount of five
    thousand units of account in respect of each declaration , payment of
    dutios and other charges which nay becoino chargeable in the course of a
    Community transit operation carried out undor his responsibility , whoever
    tho principal may be . If carriage of the goods presents increased risks ,
    having regard in particular to tho amount of duties and other charges to
    which they are liable in one or more I'leraber States , tho flat-rate amount
    shall bo fixed at a highor lovel .
2 . The following shall bo determined tinder tho prooodure laid down in Article
    57-
    ( a ) tho model form for the guarantee referred to in paragraph 1 ;
    ( b ) the carriage of -goods likely to givo rise to em increase in tho flat-rate
           amount , and the conditions under which such an increase shall apply j
    ( c ) tho conditions under which it will be established that the guarantee
          referred to in paragraph 1 shall apply to any particular Community
          transit operation .
                                     Article 33
1 . An individual guarantee furnished for a single Community transit operation
    shall bo lodged at the office of departure .
2 . Tno guarantee may bo a cash deposit . In such a -case , tho amount shall be
    fixed by tho competent authorities of tho Member States , and tho guarantee
    must bo renewed at oach office of transit within the meaning of the first
    indent of Article II ( d ).
                                                    /
 ---pagebreak---                                         - 10 -
                                       Artide 34
Without •ore l-iudico to national previsions prescribing other cases of exemption f
the principal shall be exempted, by the competent authorities of the Member
States from payment of duties and other oharges in the case of :
(a ) goods which have been destroyed as a result of force majeure or unavoidable
     . acoidont duly proven ; or
( b ) officially reoognised shortages arising from the nature of the goods .
                                       Article 35
The guarantor shall bo released from his obligations towards the Member States
thrpugh . which good3 were carried inthe oourse of a Community transit operation
when the T1 document has been discharged at the office of departure . _
Where the guarantor haB not been notified by the offico of departure of the non-
discharge of the.Tl dooument , ho shall be . released from his obligations , on
the expiration of a period of twelve months from the date of registration- ^
of^ ths T1 declaration.
                                      Article '36                                .
1 . When it is found that , in the course of Community transit operation , an
     offence or irregularity has been committed in a- particular Member State , tho
     recovery of duties or other charges which may be chargeable shall bo effected
     by that Member State in accordance with its provisions laid down by law ,
     regulation or administrative action , without prejudice to the institution of
     criminal proceedings .
2 . If the place of the offence or irregularity cannot bo determined , it shall
     be deemed to havo been committed : .
     ( a ) whore , in tho course of a Community transit operation , the office or
           irregularity in detected at an office of transit situated at an internal
           frontier :in tho Me:nber State which the means of transport or tho goods
           have just left ;
     ( b ) where , in the course of a Community transit operation , the offence or
           irregularity is detected at an office of transit within the- meaning of
           the second indent of Article 11 ( d): in the Member State to which that
           office belongs :
                                                                         • •/• •
 ---pagebreak---                                          - 17
      ( o ) where , in the oourse of a Community transit operation , the office or
            irregularity is detected , in the territory of a Member St?.to "elcowhero
            than at an office of transit j in the Member State in 1 which it is
            detected ;
      ( d) whore the oonsigninont has not teen produoed       the office of destina-*
            tioni in the last Member State which the means of transport or the
            goods are shown by the transit advice notes to havo entered ;
      ( e ) whero tho offence or irregularity is detected after the Community
            transit operation has been concluded : 1 in the Member State in whioh it
            is , dotccted .                       '      v              . • ,
                                       Article 37                     '            '
1 ., The T1 documents issued in accordance with tho rules,' and the ! identification
      measures taken by tho customs authorities of one Member State , shall have
      the same legal effects in other Member States as the T1 documents issued in
      accordance with tho rules and the identification measures taken 'by "the -"
      customs authorities of each of those Member States .
2 . The findings of the competent authorities of a Member State made when
      inspections are tarried out under the Community transit procedure chc.ll have
    'the same -force in other Member States as findings of the compotant authorities
      of each of those Member States .
                                      Article   G              ,
Whero necessciry , the customs authorities of tho Momber Statos shall oommunioate
to one another all findings documents , reports ,- rooords of proceedings and
information relating to transport operations carried out under thq Community
transit procedure and to irregularities and offences in connection with that
procedure .
              J    .              '   TITLE III
                     Procedure for internal Community transit
                          <•    '    Article 39 -   '
1 » Any goods that are to be carried under the procedure for internal Community
      transit shall' be covered by a T2 declaration. A T2 declaration is a declaration
 ---pagebreak---                                           » 18
          on form T2 ( coo specimen in Annox C ) completed , whero appropriate , by-
          one or more forms T2 "bis ( see specimen in Annex D)»
          oave an otherwise provided in Articles 40 and 41 f the provisions of ,
          Titlo.II shall apply mutatis mutandis to the procedure for internal
          Community transit .
                                        Article 40
                                                                                 1
    Ho guarantee need be given for the part of a transit operation between the
    office of departure and the first office of transit unloss the law of the
    Member State in the territory of which the office of departure is situatod
    so requires .
                                        Article 41
    1 . Goods in respect of which export formalities arc carried out at a frontier
        . customs office of the exporting Member State need not bo dealt with under
  .. r ; the Community transit procedure at that office unless they are subject to
          Community measures entailing control of their use or destination .
    In cuch a caee , the only factG which neod be given in the T2 declaration aro
   thone required for export purposes by the previsions laid dxwn by law ,
    regulation or administrative action in the Member State of departure . The
    customs offioe of export shall endorse a oopy of the T2 cJ.oouncant &nd: return it to
   the exporter or his representative , with the unused copies if he so requests .
> The endorsed copy should be delivered to the office of entry in the' neigh­
   bouring Member State , An internal Community transit operation may begin at
    thp,t office of entry , which shall then become the offioe of departure .
    2'. The provisions of paragraph 1 shall likewise apply to good3 crossing an
          internal frontier in accordance with the second subparagraph of Artiole 11
                              • '• •    TjTLE IV
                          Special provisions applying to                 •.
                               certain modes of transport
                                       Article 42
   1 . The railway authorities of Ilember - States shall be exempt from the require­
          ment to furnish a guarantee .
 ---pagebreak---                                            - 19 -
  2 . The provisions of Artiole 19 ( 2 ) artd ( 3 ) and. of Articles 21 and 22
         shall not apply to the carriage of goods by rail ,
  3 . For the purposes of applying Article 3o(2)(d ), the records kept by '
         the railway authorities shall be substituted for transit advice notes .
                                                               9
                                      Article 43
  1 . No guarantee need be furnished for tho -carriage of goods on the Rhine
        and the Rhine vraterways .
• 2,' Each Member State may dispense with the furnishing of a guarantee in
     . respect of tho carriage of goods on other waterways situated in its
        territory . It shall forward details of the measures taken to that effect
        to the Commission , which shall inform the other Member States .
                                     ArticleiMi ■44-
                                     f–i irj»     IMI1I   *
 1 . By way of &ero£iG,tion from Ai^tiolo 4, goods , the • tranepbrt of whioh involves
   ■- crossing an internal frontier within the meaning' of the second sub­
        paragraph of Articlo 11' ( g), need not be placed under the Community
        transit system before crossing the said frontier .
  2 . The provisions of paragraph 1 shall not apoly :
      ■ - where goods are subject to Community measures entailing control of
  ■ .• _ their use .or destination ; or •        ■' .   -   •"        '   '
        - where the transport operation is to end in a Member State other than the
   ,       one in which the port of unloading is situated , save where transport
        • beyond that port is to be effected, in pursuanoe of Article 7 ( 2 ),
           under the Rhine Manifest prooedure .                  "
 3 . Where goods have been placed under the Community transit systom before
        crossing the internal frontier , the effect of 'that system shall be
        suspended during the crossing of the high seas .
4. No guarantee need be furnished tor tho carriage of goods ""by eea,
                                     Article 45
1 . The procedure for external Community transit shall not be compulsory for
        the carriage of goods by air .
 ---pagebreak---                                          - 20 . -
        The procedure for internal Community transit shall not "be compulsory
        for such carriage unless the goods are subject to Community measures
        entailing control of their us© or destination ,
   2 . In casos where Community transit procedure is used for carriage wholly
        or partly by air , no guarantee need be furnished to cover the air
        portion of the journey of goods carried by airlines appearing on a
        li3t to be established under the procedure prescribed in Article 57 »
                                    Article 46
   1 » The Community transit procedure shall not be compulcozy for the carriage
        of goods by pipeline .
 ■ 2 . In cases where Community transit procedure is used for the carriage of
       goods by pipeline no guarantee need be furnished.
                                    Article 47
   The provisions of the Treaty establishing ..the European Economic Community *
relate to tha free movement of goods shall not apply to goods which , pursuant
   to the provisions of Article 44, the second subparagraph of Article 45 ( l )
   or Article 46 ( l )» <1° not circulate under the procedure for internal
   Community transit , "unless an internal Community transit document issued to
   establish the Community status of such goods is produced .
                                    TITLE V                '
                   Special provisions applying to postal
                                  consignments
                                   Article 48
   1 . By way of derogation        the provisions of Article 1 , the Community transit
       procedure shall not apply to postal consignments ( including 'postal
       packages ).
   2 . The provisions of the Treaty establishing the European Economic Comrauni'ty
       •which relate to the free magr <?Joesrk of goods shall apply only tcri. goodso-
       contained in, consignments sent from a post office situated within the
       Community when no yellow label of the type shown in Annex        H is affixed
       to the packages or the accompanying documents .
 ---pagebreak---                                                    - '21-
      The competent authorities of the Member State of dispatch ehall.be .
      responsible for affixing s\ioh a la.bel or causing it to.be affixed to
      the packages and to the accompanying documents unless the goods satisfy
      the conditibns laid down in Articles 9 and 10 of that Treaty.
                                                  TITLE VI -. .          ;•                           >          -    v
                    Special provisions applying to goods' oarried by
                           travellers or contained in their luggage
                                        \                                                                          %
                                                 Article 49                                                        *•
                                                                                     .                       * .
  1 . The Community transit procedure shall not be compulsory for the carriage
      of goods accompanying travellers or contained in their luggage , if - the
      goods ooncerned are not intended for commercial use#                                               ' '■ '
                                          \
: 2. The provisions of the Treaty establishing the European Economic Community which
      relate      to the free movement of goods shall apply to goods which , pursuant
'""'"to paragraph 1 , aire not carried under the Community transit' procedure :
      :(a) if they are declared as Community goods and thgre is no doubt as to
           . the acouracy of that declaration , and
             if their total value does not exceed three hundred units of account
             per traveller ;
      (b) in other cases , if an intornal Community transit document issued to
      ;      establish the Community status, of . the goods is produced.
      4                                                             ■ '
                                             ' TITLE VII
                                                   ,          \
                             Provisions relating to statistics
                                                 Article 50
        • · ■' ·ν ■ ί                 «     ·. .   ,; .     ;    . ν          ..       ····'<.· ?. . ν ■ - η.·
  Where the Community transit/ procedure is applied, transit and export,
  statistics shall be based on it .                                                                 - . , ...
     vv . • ' : '                    •■ I        Article 51
  1 . The T1 and T2 documents shall ' constitute the source of statistical
      information in respect of the movement of goods carried under the ;
      Community transit procedure#                                                                        /
                              .. ■ .                    .. > ··:··.· .  - 1 ,.·  ·Λ,              ' ' ·*/ ··
 ---pagebreak---                                       •*
                                      –
                                         eu *
                                            _
 2. Where the system referred to in Article 7 ( l ) and ( 2 ) are applied , the
     documents prescribed for those syctems shall be. the source . of information
     for transit statistics .
 3 . If a single movement of goods gives rise successively to the establishment
     of a national transit document and to a T1 or T2 document , only the latter
     documents shall constitute the source of statistical information .
                                    Article 52
 Until the Council , on a proposal from the Commission , lias laid down provisions
 on the standardisation of transit statistics :
 (a) the office of departure shall , without delay , send a oopy of that oopy of
       the T1 or -T2 document roturned to it by the office of destination to the
     . department in the Member State of departure responslbl^^c? eS-tekoal' -trade
       statistics ; this oopy shall           all the ne«6R^V^-\?fe>t:ic\ilai-,s 'f8r - the
       statistical recording of the Community transit operation in all the Member
       States involved therein ;
 ( b) the office of destination shall , without delay , send a opy of that copy
       of the T1 or T2 document that it retains to the depa^^enf in v the JKtaber
       State of destination responsible for external trade statistics ; thip
       copy shall oontain' all the necessary particulars fdS» ihfc ^^ iBti6al
       recording of the Community transit operation in all the Member States
       involved therein ;    „                                          '
•( c) the department in the Member Stc.te of departure respon^hlorforvexternal
       trade statistics shall , without delay forward the paz-lioalars in the 'copy of
       the T1 or     document sent to it in aooordance witi the provisions1^ i(a)
       above to tho departments responsible for .extetfial trade ctatistidS 'in all
       the other Hembor- States involved in the Community tranBi^'opftrertiin'tttgcept
       for the Member State of destination.
                                                                          • •/ • »
 ---pagebreak---                                             - 23 -
                                         Article "53
 The competent . customs office shall send, without delay to the department in
 tho exporting or re^erportln,?; Member State responsible for external '$r?>Ao
  statistics . tho copy of the export or ro-erport document intended, for that
 service .
                                         Article 54
 The principal or his authorised representative shall , at the request of the
 national departments responsible for external trade etatistios , provic1® any
 information relating to iho T1 or T2 dooument necessary for tho compilation
 of such statistics .
                                            TITIS VIII
                                                 IIP
                        Provisions relating to the Committee on . Community                  ;
                  '   1  •                   Transit                                     .
 1 . A Committee on Community Transit ( hereinafter called the "Committee ") is
      hereby sot up , consisting of representatives of tho Member States with a
      representative of t"he Commission as Chairman .
                                          ι                         ··'*·.
 2 . The, Conimittee shall . adopt its ovm rules of procedure .
                                 '             -         *                >       f •
                                            Article 56           .. .   '  (
 Tne Committeo may examine any question relating to the application of this
 Regulation , submitted to j.t by its Chairman either on his ovm initiative or ,»
 at' the request of the representative of a I'omber State ,
\                              »   1"                                           >     ■ ·+   *
         ■   .      ■        r              Article 57        i ..            ■.       x
 1^'- The procedure 'laid down in paragraphs 2 and 3r shall be followed. 'for the
      adoption of the provisions naoe3saryt'-'         .   ' ' •••    •    ..
      (a ) for tho application of Articles 2 , 4> 7 ( 8 , 9 » 32 , 34» 35 » 4i f 45
       ' ' '595 '
      ( b) for the adaptation of tho Community transit procedure so that certain
            Community measures entailing control of the use or destination of the
            goods may be applied ;
                                                                                           • »/•*
 ---pagebreak---                                        - 24 -
     ( c ) for the simplification of formalities under the Community transit
           procedure , in particular in internal Community transit , or for their
           adaptation to requirements arising from the particular nature of
           certain goods .
2 . The representative of the Commission shall submit to the Committee a draft
    of the provisions to be adopted. The Committee shall deliver an opinion on
    the draft within a time limit set by the Chairman having regard to the
    urgency of the matter . Decisions shall be taken by a majority of 41 votes ,
    the votes of the Member States being weighted as provided in Artiole 143
     ( 2 ) of the Treaty. The Chairman shall not vote .
3 , (a ) The Commission shall adopt the provisions envisaged if they are in
           accordance with the opinion of the Committee .
    ( b ) If the provisions envisaged are not in accordance with the Opinion of
           the Committee , or if no opinion is delivered , the Commission shall
           without delay submit to the Council a proposal with regard to the
           provisions to be adopted. The Council shall aot by a qualified majority .
    ( c ) If , within three months of the proposal being submitted to it , the
           Council has not acted , the proposed provisions shall      be adopted by
           the Commission .
                                       T rFLq IX
                                  Final provisions
                                      Article 58
 By tva;' of 'derogation from this Regulation, J3 elgi'umV' ' Luxembourg artti ; tire ^^th erl TJVA a
may apply to tho Community transit documents the agreements concluded or to
be concluded between them with a view to reducing or abolishing frontier
formalities at the Belgo-Luxembourg and Be 1 go-Netherlands frontiers .
                                      Article 59
1 * The Annexes to this Regulation shall form an integral part thereof#
2, The specimens shown in the Annexes may bo adapted , in accordance with tho
    procedure l'aid down in Article 57 to requirements arising from the particu­
    lar nature of certain goods or to teohnical requirements .
                                                                      • •/ • •
 ---pagebreak---  Each Member State shall inform the . Commission of the provisions "\ ioh it
 adopts for tho implementation of this Regulation .
 The Commission shall communicate this information to the other Member States ,
                                     Article 61
 1. Regulation ( EEC ) NO 542/69 of 18 March I969 is hereby repealed.
 2 , In all Community instrument a - in which reference is made to Regulation
' . (EEC ) No 542/69 , to Articles thereof or to implementing Reflations Regulations
     adopted under tho procedure laid down in Article 5^(2 ) and--( 3 )- ''6'uch references
     Sixall be treated as referanceB to this Regulation or "to implementlis
     Regulations tr.adw thereunder,
                                     Article 62
This Regulation shall enter into force on 1 January 1976
This Regulation shall bo binding in its entirety and directly applicable
 in all Membor States *
 Done at Brussels ,            1975                     For the Council
                                                         The President