CELEX: 51985PC0305
Language: en
Date: 1985-06-17
Title: PROPOSAL FOR A COUNCIL DIRECTIVE AMENDING DIRECTIVE 78/1035/EEC ON THE EXEMPTION FROM TAXES OF IMPORTS OF SMALL CONSIGNMENTS OF GOODS OF A NON-COMMERCIAL CHARACTER FROM THIRD COUNTRIES

6. 7. 85                                Official Journal of the European Communities                            No C 167/5
5.     The representative of the Commission shall submit                no opinion is delivered, the Commission shall
to the committee a draft of the provisions to be adopted.               without delay propose to the Council the provisions
The committee shall deliver its opinion on the draft                    to be adopted. The Council shall act by a qualified
within a time limit set by the chairman having regard to                majority.
the urgency of the matter. Opinions shall be delivered by
a qualified majority, the votes of the Member States                (c) If within three months of the proposal being
being weighted as provided in Article 148 (2) of the                    submitted to it, the Council has not acted, the
Treaty. The chairman shall not vote.                                    proposed provisions shall be adopted by the
                                                                        Commission.
(a) The Commission shall adopt the provisions envisaged
     where they are in accordance with the opinion of the
     committee.                                                                             Article 5
(b) Where the provisions envisaged are not in                       This Decision is addressed to the Commission and the
     accordance with the opinion of the committee, or if            Member States.
              Proposal for a Council Directive amending Directive 78/1035/EEC on the exemption from
             taxes of imports of small consignments of goods of a non-commercial character from third
                                                            countries
                                                      COM(85) 305 final
                       .        (Submitted by the Commission to the Council on 20 June 1985)
                                                        (85/C 167/04)
             THE COUNCIL OF THE EUROPEAN COMMUNITIES,
              Having regard to the Treaty establishing the European Economic Community, and in
             particular Articles 99 and 100 thereof,
             Having regard to the proposal from the Commission,
             Having regard to the opinion of the European Parliament,
             Having regard to the opinion of the Economic and Social Committee,
             Whereas no adjustment has been made to the tax relief provided for in Council Directive
              78/1035/EEC (') as regards the importation of small consignments of goods of a non-
             commercial character from third countries since the adoption of Council Directive 81/933/
             EEC (2), resulting in a fall in the real value of the relief owing to the rise in consumer prices;
             whereas that situation should be.remedied;
             Whereas the tax relief should be set at the same level as the relief from customs duties on
             imports of small consignments from third countries provided for by Council Regulation (EEC)
             No 918/83 (3) as last amended by Regulation (EEC) No . . .;
             (') OJ No L 366, 28. 12. 1978, p. 34.
             (2) OJ No L 338, 25. 11. 1981, p. 24.
             (') OJ No L 105, 23. 4. 1983, p. 1.
 ---pagebreak--- No C 167/6                           Official Journal of the European Communities                        6. 7. 85
           HAS ADOPTED THIS DIRECTIVE:
                                                         Article 1
           In the third indent of Article 1 (2) of Directive 78/1035/EEC, '35 ECU' is hereby replaced by
           '45 ECU'.
                                                         Article 2
           1.    Member States shall take the measures necessary to comply with this Directive as from
           1 January 1986.
           2.    Member States shall inform the Commission of the measures they take for the application
           of this Directive.
                                                         Article 3
           This Directive is addressed to the Member States.