CELEX: 51988PC0831
Language: en
Date: 1988-12-13
Title: Re-examined proposal for a COUNCIL REGULATION (EEC) on the abolition of exit formalities at internal Community frontiers - introduction of common border posts (presented by the Commission pursuant to Article 149 2, d, of the EEC Treaty)

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DE LA COMMISSION
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DOCUMENTS "COM"
COM (88) 831
Vol. 1988/0272
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Conformément au règlement (CEE, Euratom) n° 354/83 du Conseil du 1er février 1983 concernant
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In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983 concerning
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In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1. Februar
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                COM ( 88 ) 831  final - SYN 65
                                                Brussels ,   13 December 1988
                          Re-examined proposal for a
                          COUNCIL REGULATION ( EEC )
   on the abolition of exit formalities at internal Community frontiers
                   - introduction of common border posts
 ---pagebreak---                                                                        Csr^T fl 4 4
                             EXPLANATORY MEMORANDUM
1 . The Commission submitted to the Council on 24 October 1986 a proposal
    for a regulation abolishing exit formalities at internal Community
    frontiers ( introduction of common border posts ).
2 . Following the opinion of the European Parliament and of the Economic and
    Social Committee , the Council unanimously adopted a common position on
    22 June 1988 .
3 . The European Parliament , in the framework of the cooperation procedure
    laid down in Article 149 of the EEC Treaty , proposed fourteen amendments
    to the common position of the Council with the aim of replacing it by a
    text very largely the same as that of the Commission 's initial proposal .
4 . The Commission accepts the amendments to the common position of the
    Council as propsed by the Parliament , with the exception of amendments
    13 and 14 which are not taken up for the following reasons :
    Amendment No . 13
    "The Commission shall report annually to the European Parliament on the
    way in which the Regulation is being applied and on the likelihood of
    abolishing all border formality posts at the internal frontiers by 31
    December 1992 ."
    -  Commission position : rejected .
       Reason : The Parliament already has at its disposal all the necessary
       information on the subject in the form of progress reports on the
       completion of the internal market .
                                                              » • •/• • •
                                                                                    г
 ---pagebreak---                                          2
    Amendment No .   14
    " This Regulation shall enter into force on 1 January 1985 and remain in
    force until 31 December 1992 ".
        Commission position : rejected .
    -   Reason : This point is common to all the transitional measures taken
        or to be taken in the framework of the progressive abolition of the
        Community 's internal frontiers . The Commission considers it
        preferable that the Council adopt a horizontal measure to this
        effect .
5 . Conclusion
    The amendments made by the Commission to the proposal on the basis of
    which the Council adopted its joint position are identical to the first
    twelve amendments adopted by the European Parliament , which are annexed
    hereto .
                                                                             В
 ---pagebreak---               - COMMON POSITION _                                                                RE-EXAMI NED PROPOSAI.
                                                                                                AMENDMENT No . 1
                                             Article  »
                                                                                                                                    Article  1
      i . This Regulation lays down the formalities and controls required for        goods      1 . This Reflation applies to formalities on crossing the Community 's
          that cross internal frontiers of the Community accompanied by an ATA   carnet ,   a
                                                                                                     internal frontiers , hereinafter referred to as " formalities ", which are
          Community movement carnet or the form 302 laid down under the Convent ion                  generally required in respect of goods and /or - srclrl means of
                                                                                                     transport .
          between the Parties to the North Atlantic Treaty on the Status of the  î r
          Forces , signed in London on 19 June 1951 .
                                                                                               2 . This Régulation stso applies to
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     2 . For the purposes of this Regulation :                                                      - all checks to be carried out on crossing Internal frontiers ,
   I        " internal frontier" means a land frontier between two Member States                    - formalities and controls for confirming that the goods in question
                                                                                                        have left the territory of the Member State of exit .
     . - "office of exit " means the customs office by which the goods leave     l hO
            territory of the Member Stale , referred to as the "Member State of  ex 1 1 “ .
                                                                                               AMENDMENT No . 2
             office of entry " means ihe customs office by which the goods enter   t he
                                                                                                                                Article 1a
            territory of the Member Slate referred to as the "Member State of e nt ry " .
                                                                                               For the purposes of this Regulation ,
                                                                                                       internal frontier' means a frontier between two Member States
                                                                                                      office of exit * ( * ) means the border post (*) by which the
TJ                                                                                                 goods leave the territory of the Member State referred to as
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                                                                                                   the 'Member State of exit' ;
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o                                                                                                   'office of entry (*) means the border post (*) by which the
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                                                                                                   goods enter the Member State referred to as the 'Member State
O                                                                                                  of entry ' .
3
                                                                                              (*) Term to be employed generally in the text of the Regulation
 ---pagebreak---        COMMON POSITION i                                                                   RE-EXAMINED PROPOSAI
                                                                                     AMENDMENT No . 3
                                       Article 2                                                                   Article 2
t . Where the goods referred to in Article 1(1 ) cross an internal frontier , they   fritter ! ‘.T'V C!?**rCl*1 “*"• °f ‘""‘port croa. an Internal
     need to be prtaented , for purposes of the formalities and controls to be
     carried out at the office of exit under the ATA carnet , the Community movement l!T«ntroT,!                 ,h*U b* “d* '°r *"* PUrp°*' °‘ *•"»«**•»
     carnet or the form 302 procedure , only at the office of entry unless the
     office of exit is at the same time the office of departure .                    I^?iCIir!Uh?U U* “!d* ** th*               of         where th. formalltle.
                                                                                     ■lull ba completed «nd any control* c.rrl.d out both on that office 's own
?. Prohibitions and restrictions on importation , exportation and transit Issued
     by the Member States shall apply to the extent that they are compatible with                  to"?!*    °' tH* °f,iC* °*         ift th*            UU <*own in
     the three Treaties establishing the European Communities .
3 . In addition to the formalities incumbent upon it as such , the office of entry
     shall complete the formalities and controls that are incumbent upon the office  AMENDMENT No . 4
     of exit and shall immediately Inform the latter thereof .
                                                                                                                   Article 2a
                                                                                     1 . Th. officials of th. offic. of entry required to act In respect of the
                                                                                         crossing of an intsrnal frontier shall ba authorized :
                                                                                         - to supervise the completion , on behalf of tha Member state of’ exit
                                                                                             end with the sue rights as thoaa grantad by th* latter 's legislation
                                                                                             to its own officials , of that country's salt formalitlast
                                                                                         - to carry out th* controls ralatlng to thou formalitias In placa of
                                                                                             the officials of the Member State of exits
  i                                                                                      - to certify that the good, in question have left the territory of the
                                                                                             Member State of exit , and
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                                                                                          “ to racord any infringement observed in the course of these checks .
                                                                                     2 . In the cases referred to in paragraph i , tha formalities end controls
                                                                                          ■hall be deemed to have bean carried out in the Member State of exit .
                                                                                     AMENDMENT No . 5
                                                                                                                   Article 2b
                                                                                      The officials of th* offic* of antry shall carry out their duties as
                                                                                      described   in Articles 3 and * in accordance with tha rular applicable in
                                                                                      thair own Hamoar Scata •
                                                                                       In particular , thay shall , in tha parformance of tha tasks antrusttd to
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                                                                                      them on behalf of the Member State of exit under this Regulation , enjoy the
                                                                                      sane rights and protection , and ba subject to the asma obligations at if
                                                                                      they were acting on behalf of thair own Member State .
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 ---pagebreak---              *  COMMON POSITION                                                                   RE-EXAMINED PROPOSAL
                                                                                            AMENDMENT No .             6
                                                                                                                               Article 3
                                              Article J                                      ’ • Th. competent authorities of the Me.ber Slate of entry shall sen* the
                                                                                                  Member state of exit any findlnqs , documents , reports , records of
       1 . Finding * marie pursuant to this Regulation by the authotllles a * the office of       proceedings or information on the formalities snd chscks in qusstlon
                                                                                                  which may be of Interest to that Member state .
            entry in a Member Slate shall , in the Member State which the goods have just
            left , have the same evidential force aa findings made by the authorities of          They shall also regularly send the competent authorities of the Mmsber
            that Member State .
                                                                                                  State of exit any documents processed on behalf of and Intended for that
                                                                                                  Member  State .
       2 . The competent authorities of the Member States shall . if necessary ,
            communicate to one another all findings , documents , reports , record * of      7 . The findings and acts of certification of officiala of the office of
            proceedings and information relating to the goods referred to In paragraph i .        entry shall have the same conclusive force in the Member State of exit
                                                                                                  aa the findings and acta of certification of the officials of that
                                                                                                  Member state .
                                                                                             3 . Any findings of the officials of the office of entry which have an
                                                                                                  effect on the application of the rules of the Member State of exit shall
                                                                                                  be used by the competent authorities of that Member State in accordance
                                                                                                  with the provisions applicable to them .
                                                                                            AMENDMENT No .              7
                                                                                                                                Article 4
                                               Article 4
                                                                                             Where it becomes evident , in the course of checks carried out by the
         Irregularities discovered In the circumstances specified in Article 3(1 ) shall be  officials of the office of entry , that the goods concerned have left the
         deemed to have been discovered in the Member State which the goods have just
                                                                                             Member State of exit without the requisite dispatch or export formalities ,
         left .
                                                                                             including health or plant-health formalities , having been cerried out , the
                                                                                             authorities of the office of entry shall send the said goods back to the
         However , where the irregularity observed is only in breach of the laws ,
                                                                                             Member State of exit unless the authorities of the Member State of entry
         regulations and administrative provisions in force in the Hember State of entry     decide otherwise , where the finding also affects the legislation of that
*sj      or where an excess is observed in the Member Stale of entry , the findings shall
                                                                                             Member State or is the subject of a specific Community provision .
  I be deemed to have been made in that Member State .
         Without prejudice to criminal proceedings , duties and other taxes shall be
         charged in accordance with the laws , regulations and administrative provisions of  AMENDMENT No .             8
          the Member States in which the findings are deemed to have been made .
                                                                                                                                Article 4a
                                                                                              V. where difficulties arise concerning the interpretation or application of
                                                                                                   the legislation of the Member State of exit the authorities of the
                                                                                                  office of *> try shall contact their counterparts in the Member State of
                                                                                                  exit directly .
                                                                                              3 . Each Memb*-; state shall provide the other Member states with which it
                                                                                                   snares a t oimon internal frontier with i
 TJ                                                                                           -    -  a list -. if the customs offices et the border crossing points on the
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                                                                                                      saio internal frontier }
 I\J                                                                                               -  the requisite information concerning the authorities to be contacteo
  o                                                                                                   pursuant to paragrapli 1 or those to whom the documents referred to in
  *
                                                                                                      Article 6 ( i ) are to be sent .
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                                                                                             AMENDMENT No .              9
   3
                                                                                                                                Article 4b
                                                                                                  Each Member . State shall Inform the Member States with which it shares a
                                                                                                  comon frontier of the rules applicable on leaving its territory .
                                                                                                  The said Member states shall be given prior notification of any amendment
                                                                                                  to thoae rules .
 ---pagebreak---                    COMMON POSITION
                                                                                                        –fijHEXAMTNFP PRnPOSAL
                                                                                                        AMENDMENT No . 10
                                                                                                                                             Article 5
                                                   ’ hal * * . . *             -o .gr«Bentt                                                            zjzrr ob-t*ei- - -
          ;;rrej        °r .boim
          redu-'t 'or* or  •» ?• .*           between al *r
                                          fortune.                       i lhcm
                                                                              e or;?::i~n;:
                                                                                   “ Un* ,0 lhe
                                                                                             lhe        «rh.t* In*:h.t0c«r0?tUCln,‘ WUhln th* ”"*«« »gW*ohI.WnC,
                                                                                                      AMENDMENT No . 11
                                                                                                                                            Article 6
                                                     Article 6
                                                                                                      ’ • Ihe CO""11 *** on the Movement of Goods which was set up by Article 15 of
       Notwithstanding the provisions or Title IV of Regulation ( EEC ) No l / g4 the                     Repul.tion ( EEC ) No 678/85 ( 1 ), hereinafter referred to Vs
       Committee on the mov.ment of-goods provided for in Article 55 of                                   tl*!'t*(ir«I.!7hqUTr’ 0K “nc,rn,n9 th* «CPlication of this R.gul.clon
       i0U": ‘‘ R?g“ lati °'‘ ";ECI        222 '” «>J NO L 38 . 9.2.1977 . page .) a. last amended        *7 * I _T* , ’ *d by l 1ts ch* 1r«»". « ’ther on his initiative or et the request
       by Council Régulation ( EEC ) No 1674 / 87 of II jûne 1987                                         of a Member State 's representative .                                       ’
               • 0 L 1^7 , I7.O.I'>07 I page I ), may examine any question concerning the
                                  "e*ul<,tion          by the Chairman ol the Committee either on
      h 0wn , nl “* ‘.ve or a. the request of the representative of a Member Slate .                      '* "3 by th* "*     CT*ly fo: th« •PPHeetion of this Relation shall be
                                                                                                                            Commission    after consulting the Committee . The Committee
                                                                                                          shall deliberate on requests for its opinion formulated by the Commit , ion .
                                                                                                          The Commission in seeking the opinion of the Committee , may fi « < time¬
                                                                                                          limit within which chat opinion must be given . The deliberations uf me
                                                                                                          Committee shall not be followed by ■ vote . However , eech member ol the
                                                                                                          Committee may require that his opinion be entered in the minutes .
                                                                                                     AMENDMENT No . 12
    I                                                                                                                                      Article 6a
  00                                                                                                   Each Member State shall inform the Commission of the measures it takes
                                                                                                       within the context of this Regulation .
                                                                                                       The Commission shall communicate this information to the other Member
                                                                                                       States *                                                           ;
                                                                                                    AMENDMENT No . 13
                                                                                                   (
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                                                                                                   AMENDMENT No . K
                                                     Article 7
rv)                                                                                                                                       Article 7
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        This Regulation shall enter into force on the third day following ns
        |#ut> 1 icat ion .
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         It shall bo applicable as from the first day of the third month following its
      . publ » i at ion .
                                                                                                                 This Regulation shall enter into force on 1 Juli 1989
3
                                                                                                                 This Regulation shall be binding in its entirety and directly applicable
                                                                                                                 in all Metrber States .
        This Regulation shall be binding in           is entirety and directly applicable in all
       Member States .