CELEX: 51985PC0436
Language: en
Date: 1985-08-08
Title: PROPOSAL FOR A COUNCIL DIRECTIVE AMENDING COUNCIL DIRECTIVE 83/643/EEC ON THE FACILITATION OF PHYSICAL INSPECTIONS AND ADMINISTRATIVE FORMALITIES IN RESPECT OF THE CARRIAGE OF GOODS BETWEEN MEMBER STATES

18.9.85                                 Official Journal of the European Communities                                N o C 237/3
                                                                  II
                                                          (Preparatory Acts)
                                                    COMMISSION
               Proposal for a Council Directive amending Directive 83/643/EEC on the facilitation of physical
              inspections and administrative formalities in respect of the carriage of goods between Member
                                                                States
                                                         COM(85) 436 final
                                 (Submitted by the Commission to the Council on 19 August 1985)
                                                           (85/C 237/04)
 THE COUNCIL OF THE EUROPEAN COMMUNITIES,                              Whereas in order to take account of the special features
                                                                       of air transport, it is necessary to adapt the business
 Having regard to the Treaty establishing the European                 hours of the departments carrying out inspections at
 Economic Community, and in particular Articles 43, 75,                airports to goods traffic requirements;
  84 and 100 thereof,
                                                                       Whereas harmonization of the business hours of the
 Having regard to the proposal from the Commission,                    departments carrying out inspections and formalities on
                                                                       either side of the Community's internal frontiers would
 Having regard      to   the    opinion   of   the    European         help to reduce the waiting times at these frontiers;
 Parliament,
                                                                       Whereas the improvement of the practical arrangements
 Having regard to the opinion of the Economic and                      for processing goods and documents would also help to
 Social Committee,                                                     reduce waiting time;
 Whereas Council Directive 83/643/EEC (') contains a                  Whereas there should be a procedure for persons
 series of measures designed to reduce waiting times at                involved in trade between Member States enabling them
 the internal frontiers of the Community where the                    to inform national and Community bodies of any
 carriage of goods is concerned;                                      problems encountered in crossing frontiers;
Whereas further progress must be made in the short term
so that inspections and formalities in trade between                  Whereas some inspections, and in particular those
Member States can be facilitated further;                             relating to the examination of documents which must be
                                                                      carried, would be facilitated if the authorities responsible
                                                                      for them could delegate powers to one of the other
Whereas under the Community transit system an                         services represented to effect such inspections;
operator may initiate the transit procedure in the
Member State of departure and/or have goods entered
for home use or placed under some other customs                       Whereas, in order to facilitate the payment of any sums
procedure at a place situated within the Member State of              payable in respect of inspections and formalities, the
destination; whereas the principle of centralizing                    parties concerned should also be given the opportunity to
inspections at one place introduced by Directive                      use cheques or similar methods of payment;
83/643/EEC will have a positive effect at frontiers only
if they are centralized at the place of departure or
destination of the goods, without prejudice to the                    Whereas it is desirable that persons involved in trade
freedom of choice of the operator;                                    between Member States should be able to obtain infor-
                                                                      mation easily about how checkpoints at frontiers or
                                                                     within Member States operate; whereas it would
Whereas the minimum business hours at the main                       therefore be appropriate to develop a computerized
checkpoints in Member States should be extended so as                information system, to which these persons would have
to make it easier to carry out inspections and formalities           access, for collating all useful information;
at the place of departure or destination of the goods;
                                                                     Whereas the setting up of a Committee on facilitation
                                                                     would ensure that Directive 83/643/EEC is applied
0) OJ No L 359, 22. 12. 1983,- p. 8.                                 uniformly in the Community;
 ---pagebreak--- No C 237/4                               Official Journal of the   iean Communities                                      18.9.85
HAS ADOPTED THIS DIRECTIVE:                                                    on Saturday during an uninterrupted period of
                                                                               at least six hours, except where these days are
                                                                               public holidays,
                           Article 1
Directive 83/643/EEC is hereby amended as follows:                   (b) customs offices and other services carrying out
                                                                           inspections and formalities in respect of the import
1. The following shall be added to the first indent of                     or export of goods which are situated within a
   Article 2:                                                              Member State are open so that the inspections and
                                                                          formalities concerning goods presented to them can
   'and preferably at the place of departure or destination of
                                                                           be effected daily from Monday to Friday during a
   the goods'.                                                             period of at least ten hours and on Saturday during
                                                                           a period of at least six hours, except where these
2. Article 4 shall be replaced by the following:                           days are public holidays.
   'Article 4
   1.     In order to seek appropriate solutions to                  (c) as regards vehicles and goods brought in by aircraft,
   problems arising at common frontiers, Member States                     the hours referred to in the second indent of subpara-
   shall take the measures necessary to extend bilateral                   graph (a) and in subparagraph (b) are adapted in
   cooperation between the various departments carrying                    such a way as to cover at least the opening hours of
                                                                           the airports for the international traffic of goods,
   out inspections and formalities on either side.
                                                                           and for this purpose possibly split or extended.
   2.     The cooperation referred to in paragraph 1 shall
   cover, inter alia:
                                                                     (d) transhipments which, under existing regulations,
   — the arrangement of frontier posts,                                    customs services allow to be carried out without
   — the conversion of frontier offices into juxtaposed                    their supervision can be effected 24 hours a day.'
        or combined inspection offices, where possible.
   3.     Member States shall cooperate in order to                  '2.      Where general compliance with the periods
   harmonize the business hours of the various departments            referred to in paragraph 1 (a), second indent, and 1 (b)
   carrying out inspections and formalities on either side of        and 1 (c) poses problems for veterinary services,
   each frontier post. Any difficulties in this matter shall be      Member States shall ensure that, with at least 12
   referred to the Commission so that the latter can submit          hours' notice from the transport operator, a veterinary
   such solutions as it deems appropriate to resolve the             expert is available during these periods; in the case of
   difficulties in question.                                         transport of live animals, however, this notice may be
                                                                     increased to 18 hours.'
   4.     Member States shall provide for the possibility
   of informal consultation at local and, if appropriate,
   national level between representatives of the various             '4.      For the frontier posts and customs offices and
   departments involved in inspections and formalities               services referred to in paragraph 1, and under the
   and of carriers, customs agents, persons engaged in               conditions laid down by the Member States, the
   services ancillary to transport and transport users.'             competent authorities of the Member States shall
                                                                     ensure that, if specifically requested during business
3. In Article 5, paragraphs 1, 2 and 4 shall be replaced             hours and for sound reasons, inspections and
   by the following:                                                 formalities can be carried out, as an exception,
                                                                     outside business hours; where appropriate services so
   '1.     Where the volume of traffic          so warrants,         rendered shall be paid for'.
   Member States shall ensure that:
    (a) frontier posts are open, except when traffic is          4. Article 6 shall be replaced by the following:
         prohibited, so that:
        — frontiers can be crossed 24 hours a day, with
             the corresponding inspections and formalities,            'Article 6
             in the case of goods placed under a customs              Member States shall take the necessary measures to
             transit procedure, their means of transport and          ensure that waiting time caused by the various
             vehicles travelling unladen, save where frontier         inspections and formalities does not exceed the time
             inspection is necessary to prevent the spread            required for their proper completion. To this end,
             of disease,                                              they shall organize the business hours of the
        — inspections and formalities relating to the                 departments which are to carry out inspections and
             movement of means of transport and goods                 formalities, the staff available and the practical
             which are not travelling under a customs                 arrangements for processing goods and documents
             transit procedure may be carried out daily               associated with the carrying out of the inspections and
             from     Monday      to   Friday     during     an      formalities in such a way as to reduce waiting time in
             uninterrupted period of at least ten hours and           the flow of traffic to a minimum.'
 ---pagebreak---  18. 9. 85                                 Official Journal of the European Communities                               No C 237/5
5. Article 7 shall be replaced by the following:                          Article 10a
     'Article 7                                                           1.    A Committee on the Facilitation of     Inspections
    Member States shall endeavour to establish at frontier                and Formalities, hereinafter referred to       as " the
    posts, where technically possible and justified by the                Committee", is hereby set up. It shall        consist of
    volume of traffic, express lanes reserved for goods                  representatives of the Member States and      be chaired
    placed under a customs transit procedure, for their means            by a representative of the Commission.
    of transport and for vehicles travelling unladen.'                   2.     The Committee shall draw up its rules of
6. Article 8 shall be replaced by the following:                         procedure.
     'Article 8                                                           3.    The Committee may examine any question
                                                                         relating to the implementation            of     Directive
    1.     Member States and the Commission shall introduce               83/643/EEC raised by its Chairman on his own
    a procedure enabling persons involved in trade between               initiative or at the request of the representative of a
    Member States to inform the competent national and                   Member State.
     Community authorities of any problems encountered
    when crossing frontiers.                                             4.     The provisions necessary for implementation of
                                                                         Directive 83/643/EEC may be adopted in accordance
    2.     With a view to resolving difficulties with
                                                                         with the procedure laid down in paragraphs 5 and 6.
    inspections or formalities within the meaning of this
    Directive, a Member State may request consultations                  5.     The representative of the Commission shall
    with another Member State. If these consultations do                 submit to the Committee a draft of the measures to be
    not enable the difficulties to be resolved, a Member                 adopted. The Committee shall deliver its opinion on
    State may inform the Commission so that the latter                   the draft within a time limit which may be determined
    can submit such solutions as it deems appropriate to                 by the Chairman according to the urgency of the
    resolve the difficulties in question.'                               matter. The Committee shall decide by majority vote
                                                                         as provided for in Article 148 (2) of the Treaty on the
7. The following articles shall be inserted:                             adoption of decisions which the Council is called
     Article 6a                                                          upon to take on a proposal from the Commission.
                                                                         When voting within the Committee, the votes of the
    Member States shall ensure as far as possible that, by               representatives of the Member States shall be
    express delegation by the competent authorities and                  weighted as laid down in the above-mentioned article.
    on their behalf, one of the other services represented,              The Chairman shall not vote.
    and preferably the customs service, may carry out
    inspections for which these authorities are responsible,             6.     The Commission shall adopt the measures which
    and in particular those relating to the obligation to                shall apply immediately. However, if these measures
    carry the necessary documents, checking of the                       are not in accordance with the opinion given by the
    validity and authenticity thereof and checking of the                Committee, they shall forthwith be communicated by
    identity of the goods declared in these documents. In                the Commission to the Council.
    this case the authorities concerned shall ensure that
    the resources required for such inspections are made                 7.     Member States shall adopt the necessary laws,
    available.'                                                          regulations and administrative provisions to ensure
                                                                         that the competent authorities implement the
e   Article 7a                                                           measures provided for by the provisions adopted in
                                                                         accordance with the procedure laid down in
    Member States shall ensure that any sums payable in
                                                                         paragraphs 5 and 6.
    respect of the inspections and formalities in trade
    between Member States can also be paid by means of
    cheques or similar means of payment.                                                        Article 2
    Article 8a                                                        1.     Member States shall, after consulting the
                                                                      Commission, bring into force the laws, regulations and
    Member States shall collaborate with the Commission               administrative provisions necessary to comply with this
    with a view to enabling the latter, after consultation            Directive by 1 January 1987 at the latest.
    of the parties concerned, to establish a computerized
    information system for inspection posts and bring it              2.     Each Member State shall communicate to the
    into operation by 1 January 1987, the aim being to                Commission the texts of the provisions it adopts in order
    provide operators, for optimum transport planning,                to implement this Directive.
    with the main items of information they may need,
    including in particular those relating to the operation
                                                                                                Article 3
    of services involved in carrying out inspections and
    formalities in trade between Member States.                       This Directive is addressed to the Member States.