CELEX: 51991PC0146
Language: en
Date: 1991-04-30
Title: PROPOSAL FOR A COUNCIL REGULATION ( EEC ) REPEALING REGULATIONS ( EEC ) NO 3690/86 CONCERNING THE ABOLITION WITHIN THE FRAMEWORK OF THE TIR CONVENTION OF CUSTOMS FORMALITIES ON EXIT FROM A MEMBER STATE AT A FRONTIER BETWEEN TWO MEMBER STATES, AND ( EEC ) NO 4283/88 ON THE ABOLITION OF CERTAIN EXIT FORMALITIES AT INTERNAL COMMUNITY FRONTIERS - INTRODUCTION OF COMMON BORDER POSTS

1. 6. 91                               Official Journal of the European Communities                            No C 143/11
             Proposal for a Council Regulation (EEC) repealing Regulations (EEC) No 3690/86 concerning
             the abolition within the framework of the TIR Convention of customs formalities on exit from a
             Member State at a frontier between two Member States, and (EEC) No 4283/88 on the
             abolition of certain exit formalities at internal Community frontiers — introduction of common
                                                          border posts
                                                         (91/C 143/08)
                                               COM(91) 146 final — SYN 388
                                      (Submitted by the Commission on 17 May 1991)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                           from 1 January 1992 to operations under cover of
                                                                   NATO form 302 as well;
Having regard to the Treaty establishing the European
Economic Community, and in particular Article 100a
thereof,
                                                                  Whereas Council Regulation (EEC) No 3/84 (4), which
                                                                   introduced the Community movement carnet, as last
                                                                   amended by Regulation (EEC) No 718/91 (5), is due to
Having regard to the proposal from the Commission,                be repealed with effect from the date of application of
                                                                   Council Regulation (EEC) No 2726/90 of 17 September
                                                                   1990 on Community transit ( 6 );
In cooperation with the European Parliament,
                                                                  Whereas Regulations (EEC) N o 3690/86 and (EEC) No
                                                                   4283/88 will become redundant when the measures for
                                                                  which they provide cease to be applicable, and should
Having regard to the opinion of the Economic and                  therefore be repealed with effect from the dates in
Social Committee,                                                  question,
                                                                  HAS ADOPTED THIS REGULATION:
Whereas Council Regulations (EEC) N o 3690/86 O and
(EEC) N o 4283/88 (2) simplified formalities in respect of
goods crossing an internal frontier of the Community
                                                                                              Article 1
under cover of a TIR or ATA carnet, a Community
movement carnet or NATO form 302 by providing for                 Regulation (EEC) N o 3690/86 is hereby repealed.
the introduction of common border posts, thus ensuring
that the same checks are not repeated on both sides of
the frontier and that the sole administrative operation                                       Article 2
takes place at the office of entry in the Member State
into which the goods are brought;                                  1.    Where, in accordance with the provisions in force,
                                                                  goods are transported from one point in the Community
                                                                  to another under cover of form 302 established under
                                                                   the Convention between the Parties to the North
Whereas Council Regulation (EEC) No 719/91 (3)                    Atlantic Treaty on the Status of their Forces, signed in
further simplifies the rules for use of TIR and ATA                London on 19 June 1951, the Community shall be
carnets with effect from 1 January 1992 by providing               considered, for the purposes of the rules governing the
that the Community is to be considered for this purpose            use of the said form for such transport, to form a single
to form a single customs territory, thus eliminating               territory, as defined by Council Regulation (EEC) No
entirely the need for any formalities or controls in this          2151/84 of 23 July 1984 on the customs territory of the
context at internal frontier crossings;                            Community (7).
                                                                   2.    Where, in the course of a transport operation
Whereas in anticipation of the total elimination of                referred to in paragraph 1, goods pass through the
internal frontiers and the establishment of the single             territory of a third country, the procedures governing
market, these additional facilities should be extended
                                                                   (4) OJ  No L  2, 4. 1. 1984, p. 1.
O OJ No L 341, 4. 12. 1986, p. 1.                                  (s) OJ  No L 78, 26. 3. 1991, p. 4.
(a) OJ No L 382, 31. 12. 1988, p. 1.                               (*) OJ  No L 262, 26. 9. 1990, p. 1.
O OJ No L 78, 26. 3. 1991, p. 6.                                   O   OJ  No L  197, 27. 7. 1984, p. 1.
 ---pagebreak--- No C 143/12                         Official Journal of the European Communities                                  1. 6. 91
the use of form 302 shall be applied at the points where                                Article 4
the goods temporarily leave the customs territory of the
Community and where they re-enter that territory.             This Regulation shall enter into force on the third day
                                                              following that of its publication in the Official Journal of
                                                               the European Communities.
                       Article 3
Regulation (EEC) No 4283/88 is hereby repealed.
                                                              It shall apply from 1 January 1992.
However, the provisions of Regulation (EEC) No
4283/88 concerning the Community movement carnet
shall continue to apply until the date of application of      This Regulation shall be binding in its entirety and
Regulation (EEC) No 2726/90.                                  directly applicable in all Member States.