CELEX: 51975PC0408
Language: en
Date: 1975-07-24
Title: PROPOSAL FOR COUNCIL REGULATION (EEC) amending Regulation (EEC) No 542/69 on Community transit (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (75) 408
Vol. 1975/0158
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 ---pagebreak--- COMMISSION OF TH3 EUROPEA ET COMMUN1TIBS
                                                              COM(75)408 final
                                                              Brussels , 24 July 1975
                                      PROPOSAL FOR
                                 COUNCIL REGULATION (EEC )
               amending Regulation (EEC) IT O 542/ 69 on Community transit
                     ( submitted to the Council "by the Commission)
   COI' ( 75 ) 408 final
 ---pagebreak---                                    EXPLANATORY NOTE
         In the light of experience gained during 5 years working of the Community
   transit system it is possible to change certain provisions of the Council
   Regulation (EEC ) H o. 542/69^ ^ of 18 Harch. 1969 so as to include further
   simplification into the transit procedures .
         Thus this proposal is aimed at achieving certain measures announced in
   the Commission' s simplification programme presented to the Council on
   25 February 1975
         The amendments proposed are to Articles 7 , 27 , 40 , 41 » 42 , 44 , 45 and
   51 of the said basic Regulation .
   Art 1 oie 7
         The main reason for the amendments is to abolish the use of the T.I. P.
   procedure for goods carried by rail .
         The exclusion of this procedure meets the unanimous wishes' of the rail­
   way administrations of the nine Member States for a maximum reduction in the
   number of transit procedures .
        The procedure , based on the use of the international TIP declaration
   which in fact breaks up the transit operation into a series of national rail
   journeys is hardly used any more since the setting up in the Community of
   the simplified Community transit system for goods carried by rail based on
   the use of the International Consignment Note ( C.I.N. ) or the International
   Express Parcels Consignaient note ( TI ex ) under Commission Régulation ( EEC )
                                     ί Ό
   No . 304/71 of 11 February 1971      '«
   Article 27
         Since the coming into operation of the Community transit system the
   Commission considers it is justified in asking whether the automatic use of
   the guarantee should be retained in the Community transit procedures , in
   particular in the internal procedure .
         In fact in most cases the risk of the non-recovery of customs duties and
   other charges , to 'jhich the goods nay be liable , is negligible or even non­
   existent .
1Ì0.J. No . L 77 , 29 Ilarch 1969 , p.l
2 ; Document COI-1 ( 75 ) 67 final
30 O.J. i:o . L 35 » 12 ?eb ., 1971 . p.31
 ---pagebreak--- . The risk of non -recovery         practically nil in the case of "business
  firma established, in. the OOTpunity who frequently .,export goods and
  scrupulously and accurately observe the obligations for which they are
  responsible in customs and fisoal natters and whose solvency is never
                              6 . *
  in doubt .
  In addition   '.the principle can be admitted that it is unnecessary
                                                                             I'■
  to require a guarantee for Community goods. However , there must be same
  exceptions to such a rule as regards certain categories of goods which ,
  because of their nature and the high level of charges to which they are
  liable , administrations find are subject to increased risks during their
  transport .
  Goods for which the carriage must - except for the provisions of
  Article 27A - be covered by a guarantee would be listed, under the
  procedure laid down in Article $8 of the Regulation , bearing in mind the
  special rules laid down in respect of certain highly taxed goods under
  the flat- rate guarantee system.
  The list , which can only cover a limited range of products , will not be
  able to take account , in the tax inoidence,of the value added tax. In
  fact VAT is oonunon to the Community and the problem of its operation
  in a particular Member State in respect of imported goods does not differ
  substantially from the problem raised by the operation of Tt.A.T. in
  respect of homo-produced goods traded commercially on the home - market .
  Such a list would,' in addition , help the avoidance of practical diffi­
  culties , leading to divergencies which currently exist , in internal
  taxation .
  The additional provisions of Articles 27A and 27B will , without doubt
  reduce administrative costs in international commerce and, more particularly,
  in intra^Coramunity trade .       .
 ---pagebreak--- ' Article 40                   "  ;
  The adoption of tho provisions in Articles 27A and 27B nullify Article 40
  since the waiver allowed by thig Article, which. applies only in the exporting
  Member State , will , in future , be of a Comnunity nature.
  Article 41
  Article 41 has sometimes been used to split the transit to avoid giving a guarantee
  Since the introduction of exemption from the guarantee system will , in future ,
  mean that goods are entered under the transit procedure from the start to
  tiie end of the transport, operation, it is timely to reconsider the wording of
  Article 41 "to limit the application thereof to goods which are not inteded
  to be transported under customs transit beyond the frontier office of the
  neighbouring Member State .
  Community measures for the control of use or destination of goods should
  not hinder the use of procedures laid do:jn in this Article because the
  provisions of Regulation (EEC ) No 2315/69 will apply for certain goods and
  tho use of the internal transit system would be unduly burdensome for a
  short journey between two frontier offices#
  Hov/ever the restriction in respect of goods subject to Comnunity measures
  for the control of use or^ destination of goods should be retained for goods
  which cross an internal sea frontier within the meaning of Article 11(g) of
  Regulation (EEC ) No, 542/69*
      .. %     ^                                ,■ ■ ' -   . . -j,              -
  Article 42                                             .
  Railway administrations have requested that , in order to reduce customs
  frontier control ( cause of train delays ), the provisions of Article 41 should
  not apply to carriage of goods by rail .                                    '
  Article 42 ( 2 ) has accordingly been redrafted.
  Article 44                                                       .. ... ...
  The amendment relates to the redraft of' the ceoond paragraph of this Article .
  Heasures are necessary ia the case of traffic in certain Member States
  ( in particular container and roll-on and roll-off traffic ) to avoid the
  transference of customs formalities in respect of Comnunity transit operations
  to tha port of unloading when , in tho case of a combined transport beginning
  in a Community sea-port the goods are to travel beyond the port of unloading
 ---pagebreak---    to an inland office . The obligation to enter the goods under the Community
   transit system before the int ernal sear-crossing within the meaning of
   Article 11 (g ) will considerably oasc the flow of ooribinod transport traffic
    in the ports of unloading#
   However , these provisions would not apply when goods are carried beyond
   the port of unloading either by rail , by the use of the simplified rail
   procedures , or exceptionally on the Rhine by the use of the Ehine Manifest .
   Article 45   -
   The wording of paragraph 1 of this Article which relates to Community
   goods subject to measures for the control of their use of destination under
   the internal Community transit procedure , is no longer accurate in that
   agricultural products , eligible for an export grant on exportation to third
   countries , move under the external Community transit procedure ( Tl ) ( see
   Council Regulation (SEC ) No 2719/72 , 19 December, 1972)^
2.Paxagraph 2 of this Article relatos to the waiver of guarantee for the
   air journey. In fact the airline companies to whom the weaver applies are
   listed by the Community Transit' Committee .
   In view of the frecjuent amendments necessary to keep this list up-dated it
   would be ouch simpler to allow the waiver to all airline companies authorised
 ' for air-transport purposes in a Member State of the Community.
   The use by firms of oons&roial airline ccapafliee is generally subject in
   each Ilember state to authorisations grcnted after inquiry has been made of
   suoh firms in respefct cftheir finonoial and technical security.
   Article 51
   Consequential on the amendment to Article 7 ( 1 ) » the second sub-paragraph
   of paragraph 2 of this Article has been deleted.
   O.J. Ko. L 291 of 23.12.1972 , p. 24
 ---pagebreak---                                       Proposai
                                        for
                          COUMCIL REGULATION (EEC ) No ,../75
                                   of        1975
                        amending Regulation (EEC ) Ho 542/ 69 on
                                    Community transit
THE COUNCIL OP THE EUROPEAN COMMUNITIES .
                    I '
Having regard to the Treaty establishing the European Economic Community , and
in particular Article 235 thereof j
Having regard to the proposal from the Commission }
Having regard to the Opinion of the Assembly ;
Havipg regard to the Opinion of the Economic and Social Committee j
Whereas several years' experience of application of the Community transit
system set up tinder Council Regulation (ESC ) No 542/69 ( l ) of 19 March 19^9 »
last amended by the . Act of Accession and the Adjustments to the Treaties ' . /
denonatr^t'esc-tha "possibility of relaxing certain formalities under that system
Whereas in particular greater flexibility can be introduced in regard to the
guarantee having regard to the risks of non-recovery of customs duties and
other charges actually encountered }
Whereas moreover automatic exemption from guarantee for goods chargeable only
with VAT would constitute a substantial advance in respect of the free circu­
lation of goods within the Community !
Whereas finally the repetition of Customs formalities should be avoided when
goods which are duo to continue their journey under customs transit to their
destination within the Community cross internal frontiers
HAS ADOPTSD THIS REGULATIONî
( l ) OJ No L 77 of 24 March 1969 » p » 1
( 2 ) OJ No L . 73 of 27 March 1973 , p. 14
 ---pagebreak---                                     Article 1
1 . Article 7 ( l ) of Regulation ( EEC ) No 542/ 6$ is replaced as follows :
    '•'In derogation from Article 1 , the Community transit procedure shall
    not apply to carriage of goods under the procedure of international
    carriage of goods under cover of TIR carnets ( TIR Convention ) or the
    Rhine Manifest ( Article 9 of the Revised Convention for the Navigation
    of the Rhine ) on condition that that carriage of goods began or is to
    end outside the Community ."
2 . The expression " procedure of international carriage of goods by road1' in
    the first sub-paragraph of Article 7 ( 2 ) r      is'  replaced by "procedure
    for international carriage of goods under cover of TIR carnets ."
3 . The second subparagraph of Article 7 ( 3 ) is replaced as follows :
    " The internal Community transit document must carry a reference to the
    procedure used and to tho relative document ."
                                    Article 2
The following Articles arc added to Regulation ( EEC ) No 542/69 :
                                  "Article 27a
1 . In derogation from Article 27 , the principal m?y be exempted from furnishing
    a guarantee when the risk of non-reoovcry of duties and any other applicable
    charges is considered negligible according to the sufficiency of the principal
2 . The provisions necessary for the application of paragraph 1 shall be adopted
    under the procedure laid down in Article
                                    Article 27b
1.
In derogation from Article 27 , the principal shall be exempted from furnishing
a guarantee for goods which fulfil the conditions laid down in Articles 9
10 of the Treaty establishing the European Economic Community and for goods
covered by the Treaty establishing the European Coal and Steel Community which
are in free circulation in accordance with this Treaty except such goods shown
on a list drawn up under the procedure laid down in Article
2 . Goods , which present additional risks due to the high level of charges to
    which they are liable , in particular excise duties and other charges on
    consumption , other than value added tax , shall not be included in the list . "
 ---pagebreak--- Article 40 of Régulation (S2C) No 542/ 69 is repealed .
         ;         . •• "r: ■   •'         Article A                 '• • •
Article 41 of Regulation (EEC ) No 542/ 69 iB replaced as follows ?
                                        "Article 41
1 , Goods covered "by Article 1 ( 3 ) ( a) and. (b) in respect of whioh export
     formalities are carried out at a frontier cvistoms office of the exporting
     Member State and which are to "be placed , at the office of entry in the
                                *■>   г  • '       . . ^ «
     neighbouring Member State , under a customs procedure other than transit
     need not be dealt with under the Community transit procedure .
     In such a case , the only facts which need be given in the T2 declaration
     are those required for export purposes by the provisions laid down by law ,
     regulation or administrative action in the Member State of departure .
2 . Paragraph 1 shall not apply to goods crossing an internal frontier in
     accordance with the second sub-paragraph of Article 11 ( g) when such goods
     are not subject to Community measures entailing control of their use or
     destination .                                                          *
3 . The customs office of export shall * stamp one copy of the T2 declaration
     and return it to the exporter or his representative . This copy should be
     sent to , and the goods presented at , the office of entry specified in
     paragraph 1 ."
                                    • .r
                                               Article
                                              ••■mtm-m m   m
                                                                 5
                                                             « 1^1 »
           1 . * .                         .<                    ,     '>  - - -' 4     • •
Article 42 ( 2 ) of Regulation (EEC ) No 542/69 is replaced as follows ;
" 2 . The provisions of Article 19 ( 2 ) and ( 3 ) and Articles 21 , 22 and 41 shall
      not apply to the carriage of goods by rail ."
                              5         ' * Article 5 -                   * * v « * *• * * * *
Article 44 ( 2) of Regulation (EEC ) Ho 542/69 is replaced as follows :
"2 . The provisions of paragraph 1 shall not apply when:
 ---pagebreak---                                  - 4
( a) •      goods are subject "to Community measures entailing control of
     thoir use or destination }
(b ) u      carriage of goods by sea , in a combined transport operation ,
     is duo to be succeeded beyond the port of unloading by carriage of
     J\ '.c goods by road through the territory of one or more Member States ".
                                  Article 7
Article 45 of Regulation (EEC ) No 542/ 69        is      replaced as follows :
                                " Article 45
1 , The Connunity transit procedure shall not be compulsory for the
    carriago of goods by air when such goods are not subject to Connunity
    measures entailing control of their use or destination .
2 . In cases where Community transit procedure is used for carriage of
    goods wholly or partly by air , no guarantee need be furnished to
    oover the air portion of the journey of goods carried by airlines
    authorised in Member States to operate commercial aircraft on inter­
    national routes ".
                                Article 8
The second sub-paragraph o? Article 51 ( 2 ) of Regulation (EEC ) No 542/69
is repealed . '
This Regulation shall enter into effect on 1 January 1976 *
This Regulation shall be binding in its entirety and directly applicable
in all Momber States .
Done at v.                                  1975
                                                For the Council
                                                 The President