CELEX: 51982PC0189
Language: en
Date: 1982-04-16
Title: PROPOSAL FOR A COUNCIL DIRECTIVE on the facilitation of formalities and inspections in respect of the carriage of goods between Member States (presented by the Commission to the Council)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (82) 189
Vol. 1982/0060
 ---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--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                     COM(82)189 final
                                                     Brussels /  16 April 1982
                                                             H
                                  PROPOSAL FOR A COUNCIL DIRECTIVE
                   on the facilitation of formalities and inspections in
                 __respect of the carriage of goods between Member States
                               ΧΑ  < \
                          (presented by the Commission to the Council )
 F
 r
                j         -/> H
  \ j,'\ $cr, i     Secrc'iarial '^7
   \ '''V.        Gétsrsl       /■'vy'  '
 C0MC82 ) 189 final
 ---pagebreak---                                  PREFACE
The Commission wishes once more to underline the special importance
and priority that it attaches to work aimed at creating an internal
Community market , including increased efforts to reduce quickly the
formalities and controls at internal frontiers to a minimum .
The European Council , at its sessions of 29/30 June I98I and 29/ 30 March
1982 , has firmly supported the Commission 's position ana agreed on the
need for action to further reinforce the internal market .
To provide a positive follow-up to these directions , the Commission
intends to submit to the C ounc il a series of proposals which have a
common objective of overcoming the difficulties at internal frontiers
with the aim of facilitating the free circulation of passenger and
goods in the Community .
In the framework of this glphal approach , the Commission submits
herewith a proposal to simplify the formalities and controls related
to the transport of goods between Member States .
 ---pagebreak---                            Explanatory Memorandum
I.  Introduction
    Establishment of the internal market requires that the economies of
    the individual Member States be integrated as fully as possible .
   This means that the various barriers to trade between Member States
   need to be removed .
   Trade between Member States has virtually tripled since the Community
   was enlarged in 1973 .     Although this is very indicative of the
   progress made towards integration at Community level , there are , alas ,
   still difficulties affecting the carriage of goods , in particular ,
   at frontier crossing-points , which have an adverse effect on
   intra-Community tra'cle .,
                    - C
   2.   Various bodies such as haulage industry organizations , forwarding
   agents , transport users , etc . have repeatedly informed the Commission
   of the difficulties which arise at frontier crossing-points in the
   Community .   There has been increasing pressure to remedy this
   situation , especially recently .
   3.   The European Parliament has repeatedly stated its position on the
                                                                1
   difficulties in question ( in particular in the Bos ( 1972 )   and
   _ .    2
   Schyns    reports ).
   Furthermore , in a large number of written and oral questions to the
   Commission and to the Council , Members of the European Parliament
   have criticised waiting times at frontiers and have called for
   pragmatic solutions to remedy this situation .
     PE 29.912 final , 31 Ausust 1972 .
   2PE 55.475 final , 12 March 1979 .
 ---pagebreak---                                  - 2 -
                         1
  4.   In June 1978, the Council approved a nine-point priority programme
  for air transport , including facilitation .
 At the Commission 's request , a consultancy firm has prepared a report on
 the various aspects of facilitation in this area , including the
 question of border-crossing at airports .
 5.   In March 1981 , the Council adopted a list of ten main transport
 topics to be given priority in the period up to the end of 1983 , one
of them being the facilitation of frontiei–crossing .     At the same time,
it invited the Commission to submit to it a report before the end of
1981 , and , where appropriate , proposals for measures to reduce waiting
times at frontier crossing-points , bearing in mind the need for
certain inspections and the nature of the goods carried .
As regards the first part of this mandate , the Commission had already
asked the Advisory Committee on Transport at the end of 1977 to
examine possible ways of removing frontier barriers affecting inland
transport .    The Committee has drawn up a report listing the various
problems which can arise in this connection and has assessed the
extent and significance of these barriers .    The report provides a
good deal of useful information with a view to improving the situation .
In this connection , the Committee has made an in-depth analysis of the
role and task of the common transport policy in this field .
As regards the second part of the Council 's mandate , i.e. the
preparation of a proposal to improve the flow of traffic between
Member States , the Commission has undoubtedly derived considerable
benefit from the many comments made in these reports .    Nevertheless ,
it has considered it appropriate and useful to arrange six consultation
meetings with the interested parties and with government experts before
submitting a draft Directive to the Council .
 ---pagebreak---                                   - 3 -
 6.  These reports and the findings of the consultation meetings formed
 the basis for the attached List of inspections and other problems which
may arise in intra-Communi ty trade ( around 70 in all ).    These
 inspections and problems result from internal and / or Community provisions
 concerning taxation , industrial , agricultural , social and other matters ,
as well as transport .
7.   To be realistic it must be admitted that intra-Community trade
will continue to be subject to checks until full integration has been
achieved at Community level .
As it has repeatedly stated , the Commission is of the opinion that the
problem of obstacles to intra-Community trade can be solved only as
part of an overall plan .  Notwithstanding the special provisions in
the framework of general or specific Community rules , this initiative
seeks to improve the organization of the various inspections and
formalities affecting iptra-Community trade .     This initiative , which
is fully in keeping with this overall plan , will have to be accompanied
by measures which will lead to the simplification and , in the long
term , to the gradual abolition of checks in the course of transport
operations .
                 ^ ■
 ---pagebreak---  Main elements underlying the Directive
 8.   Waiting times in the course of transport operations can be reduced
 considerably by applying the following principles :
 (a)   Centralization of inspections ( Article 2 )
9.    Operators are at present free to choose where to carry out the
formalities concerning dispatch or clearing for home use within the
Member State in question or at the border of this Member State .
If checks other than customs checks are required , these should , as
far as possible , be carried out simultaneously and preferably at one
place .
 (b )  Non-systematic inspection ( Article 3 )
10 .   Generally speaking , customs checks are already carried out to
a large extent on a random basis , but this is not the case with other
inspections .   The principle of random checks should also be applied
to all other forms of inspection .    These checks should be
restricted to cases where there is suspicion of malpractice .
(c)    Mutual recognition of the findings of inspection ( Article 4 )
                 y ■
11 .   Application of the principle of the mutual recognition of the
facts established in an earlier inspection during a transport
operation would obviate the need for repetitive inspections of goods
and means of transport .
 ---pagebreak---                                    - 5 -
  (d)   cooperation requi red between the various inspection authorities
         ( Article 5 )
 12 .   Effective cooperation between inspection authorities ( e.g.
 centralization of offices at one place and harmonization of the opening
 hours of the posts on either side of the border )      will lead to smooth
 frontier-crossing in the shortest possible time .      This principle also
 applies to posts within a country .
 (e)    Opening hours and staff numbers in relation to the volume of
        traffic   ( Articles 6 and 7 )
 13 .   The opening hours of the various departments involved and the
 number of staff on duty should be adapted to periodic changes in
 traf f i c .
 (f )   Special facilities for means of transport travelling empty or
        carrying goods under a customs transit procedure ( Article 8 )
 14 .    The advantages of the transit procedures , which basically allow
 goods to cross frontiers without any inspection , are sometimes
 reduced by the fact that the traffic lanes are blocked by vehicles
 undergoing customs formalities at the frontier .      Wherever technically
 feasible , special express lanes should be provided for transit
 vehicles .
                            t
 (g)   Information and notification procedure ( Article 9 )
15 .    Some of the problems arising when crossing frontiers are due to the
 Lack of information available to the parties concerned as regards the
procedures employed and the type of difficulties which may be
encountered by operators .      Better mutual information could therefore
be achieved by setting up local and national joint committees .
 ---pagebreak---                                         -ó -
III .   Comments on the various articles
       Article 1
       This Article seeks to define the scope of the Directive .          It covers
       two basic aspects :
        (a)  The Directive applies to the carriage of goods            i;
             (i )      across frontiers within the Community
             ( ii )    between Member States across the territory of a third
                       country
             ( iii )   from a third country after crossing an external
                       Community frontier
             ( iv )    to a third country before crossing an external
                       Community frontier .
       (b ) Mode of transport
            The Directive applies to all modes of transport , i.e. rail
            transport , road transport , inland waterway transport , sea and
            air transport and combined transport ( e.g. road / rail transport ,
            rol l-on / rol l-of f transport , container transport , etc .).
       Article 2
      To ensure the smooth conduct of a transport operation , the
      checks - meaning both the inspection of goods and means of transport
      and the checking of documents - should preferably take place at the
      same time and the same place .       The most appropriate solution would
      be for them to be conducted at the time and preferably near the
      place of dispatch and / or destination of the goods carried , since
      checks carried out at different stages cause additional delays in the
      transport operation .
 ---pagebreak---                                     (
 Art ■* c Le 3
 Systematic physical checking of goods and means of transport
 represents a considerable impediment to the crossing of frontiers .
 To achieve a smoother flow of traffic , the principle of random
 checks should be applied , as is already largely the case in the
 customs sphere .
 Article 4
 During the consultation meetings in particular , the Commission 's
attention was repeatedly drawn to the problems arising from checks
 such as public-health , veterinary , plant-health and quality
 inspections ( where agriculture is concerned ) and checks of weights
and dimensions and the technical inspection of means of transport .
During a transport operation , as stated in point 11.11 , the mutual
 recognition of the facts established in an earlier inspection
could considerably speed up the carriage of goods between
Member States .      Repetitive checks would no longer be indispensable ,
and the authorities could restrict themselves to inspecting
documents already drawn up at a previous stage .
Article 5
As already stated concerning Article 2 , the checks conducted during
one transport operation should , as far as possible , take place
simultaneously , and preferably at one place .     The details specified
in Article 5 follow on naturally from the provisions of Article 2 .
The point is that there needs to be appropriate cooperation between
the various inspection departments , not only at local and national
level , but also between authorities required to intervene on either
side of common
             common frontiers
                    frontiers ..
 ---pagebreak---                                 - 8 -
Cooperation should cover the following aspects in particular :
Ca )  Harmonization of the opening hours of the various departments
      concerned
The opening hours of the various departments concerned ( customs
services , veterinary and plant-health departments , quality-inspection
departments , etc .) should be harmonized so that the formalities and
inspections can be done at the frontier or a post within the
country without interruption during a specified period of the day ,
e.g. between 8 a.m . dnd 6 p.m . ( see also Article 6 ).  This applies
not only to the various departments in a frontier post on one side
of the frontier but also to posts situated on either side of
common frontiers .
 (b)  Arrangement of frontier posts
The time required for formalities and checks could be reduced for
operators and , in particular , carriers by a better layout , in the
 widest sense , of frontier posts .  For example , inspections of goods
or means of transport could be organized in such a way that vehicle
manoeuvres and operator movements are kept to a strict minimum , and
 clear and precise signposting could be provided at each frontier post .
This also applies to customs posts within a country , which are
sometimes in city centres where access is difficult .     The provision
of signposts in the city could improve this state of affairs .
 ---pagebreak---                              - 9 -
 (c)  Conversion of certain frontier offices into juxtaposed
      inspection offices
 The conversion of certain frontier offices into juxtaposed inspection
offices would mean that the carrier had only one stop instead of two
 consecutive stops . Of course , offices of this type are out of the
question in some cases , e.g. for technical reasons ( site , etc .)
Article 6
It would be excessive to have all the customs posts at the Community 's
internal borders and within Member States open round the clock .
The major frontier posts should be open night and day for transit
traffic ( where a means of transport crosses the frontier carrying
goods to be cleared for home use at a place within a Member State ).
Frontier posts on major transport arteries should be open on working
days at least from 8 a.m . to 6 p.m . for inspection and formalities
other than those for transit traffic . It should also be possible
for inspections and formalities to be completed outside these hours ,
against payment , where appropriate , for the hours worked .
If inspection authorities cannot be on duty during the working hours
referred to in Article 6(1 ) to ( 3 ) it should be possible for them to
delegate powers to officials who are on duty , in order to ensure that
one of the other departments represented can carry out a brief check
of the gooes against the relevant documents . It goes without saying
that a delegation of powers to another department can only take
place insofar as this department has the required knowledge to
carry out the inspections for which they have received delegation .
 ---pagebreak---                                   - 10 -
Art i c Le 7
This Article also concerns better organization of checks arid is
based on the ideaythat waiting times can be reduced by fixing the
opening hours 6 , the customs posts and the number of staff available
in line with periodic ( daily , weekly or seasonal ) variations in
traffic .      For example , there are fluctuations in the carriage of
fruit and vegetables ( harvest period ) and at some customs posts
certain hours or days are particularly busy .        The crossing of the
frontier could be improved if additional staff could be assigned
during these periods,,'
 Article 8
 Efficient arrangement of frontier posts also entails the separation
 of , on the one hand , means of transport carrying goods under a customs
 transit procedure and empty vehicles from , on the other hand , those
 means of transport which have to undergo customs formalities at the
 frontier .      This sort of separation would se-rve to reduce the waiting
 times for all means of transport , especially ihose under customs
 transit procedure introduced to facilitate f rentier-crossing .
 Traffic separation of this kind can more often than not be achieved
by measures which entail very little expenditure . It is sometimes
 sufficient to place arrows or a number of demarcation lines on the
carriageway or the parking area of the customs post .        Of course , this
should be done only if the volume of traffic at the post in question
so i ust i f i es .
 ---pagebreak---                                - 11 -
 Article 9
 Measures to facilitate the crossing of frontiers should also include
 better information for the various parties involved . It is in the
 interest of the inspection authorities that they should be informed
 of the practical problems which the inspection procedures cause to
 the parties involved and , in particular , carriers . Carriers , for
their part , should be informed in good time of any changes in the
 inspection procedures , etc .
Where appropriate and necessary, a body should be set up so that all
the parties concerned at a particular frontier post or check-point
situated within a Member State can air their opinions on the
specific problems arising at this post , since a large proportion of
the problems can be solved at local Level . However , other problems
may have to be solved at a higher level . Article 9 therefore also
provides for the establishment of bilateral joint committees at
national level for all the common frontiers where all the problems
of crossing frontiers will be discussed at least once a year .
Article 10
This Article provides that , once the various checks and formalities
have been relaxed , the Member States must not introduce other checks
which constitute an obstacle to transport .
Articles 11 , 12 and 13
No comments .
 ---pagebreak---                                                                      Annex
List of the problems which may arise when crossing frontiers
I.  Transport-re Lated problems
    A.  Road
         (a)   Mandatory frontier inspections
               1.       Checking of journey authorizations for international
                        transport
               2.       Road tyhx Cin transit through Austria and Yugoslavia )
         (b )   Optional frontier inspections
                1 .     Checking of period authorizations for international
                        transport
                2.      Checking of national transport authorizations
                3.      Weights and dimensions
                4.      Technical inspections of vehicles and recognition of
                        vehicle roadworthiness certificates
                5 ..
                5       Vehicle type approval in accordance with ADR and ATP
                        standards
               6.       Triptyque for lorry and / or trailer
               7 ..
               7        Registration certificate ( Kraftfahrzeugschein )
               8.       Provisions concerning working and driving time
               9
               9 ..     Driving Licence                     ^
               10 .    CMR consignment note
               11 .    National passenger transport authori zat i on
              12 .     Passenger list
              13 .     Waybill for the carriage of passengers by bus in transit
                       through a country .
        (c)   Other problems      '
              1.     San on lorry -dr i vi ng on Sundays ^, public holidays and over
                     holiday periods .
 ---pagebreak---  B.   Rail ^
     1.    Exchanging Locomotives
     2.   Technical inspection of wagons
     3.   Preparation of brake Labels
     4.   Marshalling and / or train formation
     5.   Exchanging wagons
     6.   Labelling wagons
     7.   Routing of accompanying documents
     8.   Checkin,g^frei ght documents .
C.  Inland waterway
     (a)    Mandatory frontier inspections
    (b )   Optional frontier inspections
            1 . Navigation and canal dues
           2.   Checking compliance with police regulations ( composition
                of crews , convoys , etc .)
           3.   Navigability certificates
           4.   Licensing of vessels for the carriage of dangerous goods
D.  Air transport
    –––_–_–
    1.   Checking freight documents
    2.   Safety checks
E.  More than one mode of transport
    1.   Collecting statistical information
    2.   Problems for the railways in transferring wagons on to ferries
 The points Listed below mainly concern operating di fn cutties , and e.r
 matters on which the railways are already cooperating .
 ---pagebreak---                                           - 3 -
      F.   Infrastructure
           (a)     Road
                   1.   Lack of special Lanes for Lorries in transit and empty
                        Lorries
           (b)     Rail
                   1 .  Frontier stations
                   2.   Access and relief Lines
                   3.   Specific aspects of infrastructure planning
                  4.    Lack of transit tracks
          (c)     Air transport
                  1.    Inadequate mechanization
                  2.    Lack of suitable infrastructure
II . Problems not related to transport which affect the normal flow of
     traf f i c
     A.   Road
          1.     Green ( insurance ) card
     B.   Rail
     C.  Inland waterway
         1 .     Insurance certificates
         2.      Checking of equipment for personal use and stores
     D.  More than one mode of transport
         1.     Public-health , veterinary and plant-health inspections ,
                quality inspections and inspection of harmful substances
                            y
         2.     Limited , opening hours of the abovementioned inspection
                departments .
         3.     Checking ( and levying duty on ) fuel in the tanks of commercial
                vehicles ( road ) and inland waterway vessels ( fuel allowance )
         4.     Checking the fuel in the power units of compressors and
                ref rigeration units , etc . ( fuel taxed or free of tax )
         5.     Vehicle tax
         6.     Inadequate standardization of documents
         7.     Problems caused by the intervention of the customs services
 ---pagebreak---                                              - 4 -
              (a)       Checking of . customs documents
              (b)       Sealing of means of transport
             •( c )-    Checking of goods
              (d)      Registration of goods ( in Denmark )
              (e)      Declaration of value of goods ( in Italy )
             (f)       Discontinuity in the opening hours of customs offices
             (g)       Lack of bilateral harmonization of the working hours of
                       different departments on either side of a frontier
             (h)       Limited powers of some customs posts as regards clearing
                       certain products
             (i )      Delays in handing over documents
             (j )      Strikes by customs officials
      8.    VAT on goods carried and repairs to means of transport
            carried out        in another Member State
      9.    VAT on transport services
      10 .  Checking of dangerous goods
      11 .  Problems concerning the fixing of agricultural compensatory
            amounts ( particularly for cereals )
      12 .  Insufficient information for the parties concerned and for the
            authorities about the problems encountered by the latter
      13 .  Formalities connected with exchange control .
III . Other
      1.   Production of incomplete documents by carriers
      2.   Customs agents
           (a)       Requi rement , to have customs formalities carried out by
                     ( authorized ) customs agents
           (b)       Way in which some customs agents operate .-
 ---pagebreak---           Proposal for a Council Directive on the facilitation of
         formalities and inspections in respect of the carriage of
                        goods between Member States
 THE COUNCIL OP THE EUROPEAN COMMUNITIES ,
 Having regard to the Treaty establishing the European Economic Community ,
 and in particular Articles 43 , 75 > 84 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 ,
                                                             1
Whereas , the European Council nas on a number of occasions underlined
the need to reinforce and further develop the internal market and
                   increased efforts are needed to reduce to the minimum
the formalities and controls at internal Community frontiers ,
Whereas , on 26 March 19S1 , the Council approved a programme of ten
priorities under the common transport policy concerning the period up to the
end of 1983 , one priority being to facilitate the crossing of frontiers ;
whereas at the same meeting the Council called upon the Commission to
submit proposals on this subject ;
Whereas , on 12 June 1978 , the Council approved a priority programme for
air transport , one priority being facilitation ;
Whereas the European Parliament has repeatedly stressed that waiting
times can have an adverse effect on the free movement of goods between
Member States and has therefore called upon the Commission to take action
to eliminate them ;
Whereas waiting times at frontier crossing-points lead to higher
transport costs , which are passed on in the end price of the goods carried ;
Whereas waiting times at frontiers have an adverse effect on the working
conditions of those employed in the transport sector , in particular in
road transport and inland waterway transport ;
 "European Council 29/30 June I98I and 29/ 30 March 1982®
 ---pagebreak---  Whereas these waiting times at frontier crossing-points are caused by
 transport-related factors and other factors ;
 Whereas waiting times could be reduced by organizing more efficiently
 inspections which are justified under Community law ;
 Whereas , in order to ensure a smoother flow of means of transport engaged
 in the carriage of goods between Member States ,^ it would be desirable
 to centralize the various inspections in one place , preferably the place
 of departure      or destination of the goods , whilst abiding by the
 principle that the parties involved in the transport operations are free
 to choose the place in question ;
Whereas customs inspections in respect of intra-Community trade take the form
of random checks to a very great extent ;    whereas this practice should ,
 as far as possible , be extended to other types of inspection founded on
non-harmonized national law ;   whereas , even if a Member State invokes
Article 36 of the Treaty , inspections may be carried out solely within
the limits of that Article ;
Whereas the flow of goods traffic between Member States can be
 improved by    application of the principle of mutual recognition of the
facts established when certificates and other documents are issued ;
Whereas the establishment of express lanes reserved for means
of transport travelling empty or carrying goods under a customs transit
procedure is likely to bring about a reduction in waiting times at the
frontier ;
Whereas it would be desirable to set up , by means of joint committees
at local and national level , a framework to ensure better exchange of information
on the various problems which arise at certain frontier crossing-points , in
order to seek joint solutions likely to improve the situation at these
crossing-points ;
Whereas it is also necessary to ensure that no new formalities or
inspections are introduced that would render inoperative the measures
taken to facilitate the crossing of frontiers .
 ---pagebreak---  HAS ADOPTED THIS DIRECTIVE :
                                     Scope
                                 I
                                   Article 1
 Notwithstanding individual . provisions in force in the framework of
 general or specific Community rules , the provisions of this Directive
 shall apply to formalities and inspections likely to affect the flow of
 goods traffic which has to cross
-   an internal Community frontier or
-   an external frontier where carriage between Member States involves
    crossing a third country
irrespective of the mode of transport or transport technique used .
                                   Article 2 ,      ,
Member States shall take the necessary measures to ensure that , as far as
possible , the various inspections in respect of any one transport operation
are carried out simultaneously in one place , preferably the place of
departure      or destination of the goods =
                                   Article 3
In line with existing practices in the customs field . Member States shall ,
as far as possible , refrain from carrying out systematic
inspections of goods and means of transport .
                                   Article 4        "
     For the purposes of this Directive Member States shall mutually recognize
     the facts established when certificates are drawn up in accordance with
     national provisions .
 ---pagebreak---                                     - 4 -
     To this end , each Member State shall send a list and specimens of
     national inspection documents , with details of their purpose   if
     this is not explicitly stated thereon , to the Commission , which shall
     inform the other Member States thereof .
                                 Article 5
                            t
1.  Each Member State shall establish appropriate cooperation between the
    various national departments responsible for carrying out inspections
    during transport operations .
2. Bilateral contacts shall be established between Member States in order
    to seek appropriate cooperation between the various inspection
   departments on either side of common frontiers between Member States .
3. The cooperation referred to in paragraphs 1 and 2 shall cover inter alia :
   -    the harmonization of the business hours of the various departments
        concerned ;
        the arrangement of frontier crossing-points ;
   -    the conversion of frontier offices into juxtaposed inspection
        offices , if technically possible .
                                  Article 6
1. Member States shall ensure that frontier posts on major transport
   arteries are open permanently to allow means of transport under a
   customs transit procedure to cross by day and by night .
2. Member States shall ensure that the posts referred to in paragraph 1
   are open on working days at least from 8 a.m . to 6 p.m . for
   inspections and formalities other than those for traffic under a
   customs transit procedure .
 ---pagebreak---                                        - 5 -
 3.    The competent authorities in the Member States shall ensure that at
       frontier posts on major transport arteries , inspections and
       formalities other than those under a customs transit procedure can be
       carried /^t" the specific request of the transport operator outside the
    . business hours referred to in paragraph 2 , against payment , where
       appropriate , for the hours worked .
 4.    Where it is impossible for . some departments responsible for
       inspections at these frontier posts to meet the requirements of
                                                           the
       paragraphs 2 and 3 , Member States shall delegate/ necessary powers , to
       ensure that one of the other departments represented can carry out
       brief inspections of goods against the relevant documents .
                                    Article 7
 Member States shall adjust the business hours of the inspection departments
 and the staff complement available to correspond to periodic
 fluctuations in traffic .
                                    Article 8
Where technically feasible and justified by the volume of traffic ,
Member States shall endeavour to establish at frontier posts express
 lanes reserved          for means of transport travelling empty or carrying
goods under a customs transit procedure .
                                   Article 9
1 . Member States shall provide for the appointment of
      -   bilateral joint committees at local level , where appropriate , to
          meet periodically and when necessary;
      -   bilateral joint committees at national level to meet at least once
          a year
      in order to seek solutions to problems arising at common frontiers .
 ---pagebreak---                                          - 6 -
 2.   In the case of inspection offices within a Member State ,
      Member States shall provide for the appointment       of joint committees
      at local and / or national level , where appropriate , to meet
     periodically and when necessary .
                         /
3.   "i r.e committees referred to in paragraphs 1 and 2 shall consist of
      representat i ves of t.-.e various inspection departments involved and
      representatives of carriers , customs agents , forwarding agents and
     transport users .
4.   Commission representatives may , on request or on their own initiative ,
     attend meetings of the national joint committees .
5.   The outcome of the meetings of the national joint committees shall be
     communicated by each Member State to the Commission , which shall inform
      the other Member States thereof .
                                 General provisions
                                     Article 10     %
Member States shall ensure that the measures taken to facilitate the
crossing of frontiers are not rendered inoperative through the
introduction of new inspections or formalities .
                                     Article 11
    Member States shall forward to the Commission , by 1 July each year ,
    particulars concerning the provisions introduced and the practical
    measures taken in the course of the preceding year with a view to
    ensuring more efficient organization of the formalities and
    inspections in question .
    On the basis of these particulars , the Commission shall report to
    the Council and the European Parliament every two years on the
    implemcntetion of this Directive .
 ---pagebreak---                                  Article 12
                           i
1.  Member States shall , after consulting the Commi ssion , bring into force the laws ,
    regulations and administrative provisions necessary to comply with
    this Directive by .....        ( six months after the date on which
    this Directive enters into force ).
2.  Each Member State shall communicate to the Commission the texts
    of the provisions it adopts in order to implement this Directive .
                                 Article 13
This Directive is addressed to the Member States .
Done at Brussels ,                                  For the Council
                                                      ι '
                                                    The President
                             i